What drivers should know about Colorado’s new ‘hands-free’ cellphone law

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Kevin J. Beaty/Denverite
A not insignificant number of SUVs are trapped in I-70 traffic through north Denver. Sept. 24, 2021.

Starting New Year’s Day it will be illegal for Colorado drivers to hold or touch their cellphones while they’re operating their cars.

The hands-free law requires people driving passenger vehicles to link their phone to the car’s communications system or install equipment like a bracket to hold the device.

Personal injury lawyer Scott O’Sullivan said he lobbied for the bill for seven years.

“Seeing my clients' lives be devastated day after day after day, especially as a motorcycle lawyer made me want to change things. There are ways that are simple to help change for the better and one would be getting cellphones out of people’s hands,” he said.

More than two dozen states already have hands-free laws. O’Sullivan said they’ve seen roughly a 10 percent drop in traffic fatalities.

“I think our phones became so ingrained in so many people's lives that it became something they didn't want to lose control of. Even though all you have to do is get it out of your hand and put it in your pocket, put it somewhere else.”

Here, with information from the Colorado Department of Transportation, is a look at how the law works:

  • Drivers must use built-in Bluetooth speaker systems; products like Apple Car Play or Android Auto that link a smartphone with the vehicle’s display and control it through voice commands or the car’s interface; or a dashboard mount that allows navigation and hands-free calls.
  • You can’t hold the phone even if you’re stopped in traffic or at a light. You can hold it if you’re in a parked car.
  • Don’t use headphones: Colorado law prohibits having headphones or ear buds in both ears while driving. 
  • Holding a phone is a secondary offense, meaning a law officer has to see the driver using the device while committing another infraction – like careless driving – before they can pull someone over.
  • The fine for a first offense is $75 plus two license suspension points. First-time violators can have the charge dismissed if they prove they’ve bought a hands-free accessory. Fines and license points go up for repeat offenses.
  • The law doesn’t apply if a driver is reporting an emergency.
  • The law exempts: People with commercial licenses driving commercial vehicles, first responders, utility workers, code enforcement officers and animal protection officers.