Colorado Mobile-Device Driving Law

Colorado's mobile-device law distinguishes prohibited device use, defined exceptions, repeat offenses and conduct causing bodily injury. The statute changed again in 2026. This page summarizes the state provisions in effect on September 7, 2026; it does not determine whether a particular citation, exception or outcome applies.

What the statute covers

C.R.S. § 42-4-239 addresses mobile electronic-device use while driving on a public highway. Its definitions cover handheld voice communication, certain video viewing and certain written electronic communications. Navigation-related material and automatically converted voice messages receive specific treatment in the definitions; they are not a blanket exemption for every interaction with a phone. Statutory definitions and prohibition

The definition of a hands-free accessory includes operation without either hand, except for a single touch or swipe to activate, deactivate or initiate its feature. Specified radios, prescribed medical devices and systems designed for and installed within a vehicle's electronics are excluded from the definition of a mobile electronic device. The statute also distinguishes driving from a vehicle at rest in a shoulder lane or lawfully parked. C.R.S. § 42-4-239(1)

Exceptions and the citation standard

The statute identifies exceptions for contacting a public-safety entity, a defined emergency, qualifying utility-emergency work, specified municipal or county code-enforcement or animal-protection duties, and a first responder's official duties. It separately excludes a CDL holder who is operating a commercial vehicle. That exclusion does not state that commercial driving is free from other device-use rules. C.R.S. § 42-4-239(3), (5)

Subsection (6) conditions a citation under subsection (2) on an officer's observation of device use that caused careless and imprudent driving under the referenced careless-driving standard. This is a statutory condition, not a conclusion about the evidence or validity of an individual stop. C.R.S. § 42-4-239(6)

Ordinary fines and scheduled points

For the ordinary class A traffic-infraction provision, the statute uses the immediately preceding 24 months to distinguish first, second and later offenses:

The fine and surcharge figures come from § 42-4-239(4)(a). The points are the baseline schedule in § 42-2-127(5)(jj), (jj.5) and (jj.7), not a prediction of the points ultimately assessed. These figures are not an all-in court-cost quote and do not describe the separate bodily-injury provision. The final disposition and applicable assessment rules remain separate. Fine provisions · Point schedule

The conditional hands-free provision

Subsection (4)(b) contains a specific nonconviction provision requiring production of a hands-free accessory or proof of its purchase and an affirmation under penalty of perjury that the individual has not previously had a charge dismissed under that subsection. It also permits clerk dismissal after verification of both statutory conditions. This is not an automatic dismissal promise or a determination of anyone's eligibility. This page does not provide filing instructions, an affidavit or a recommended response. C.R.S. § 42-4-239(4)(b)

Bodily injury and the September 2026 change

Subsection (4)(c) identifies a class 1 misdemeanor traffic offense when the individual's actions proximately cause bodily injury to another. The ordinary fine table above does not apply to that branch. C.R.S. § 42-4-239(4)(c)

SB26-072 repealed the former death-causing subsection, § 42-4-239(4)(d), for offenses committed on or after September 1, 2026. The act also expressly addresses driving with criminal negligence that proximately causes another person's death in the criminally negligent homicide statute. It does not make every fatal crash involving a phone an automatic felony. Earlier conduct and any separate charged offense require the law applicable to that conduct. Signed SB26-072, sections 1, 2 and 8

General questions

Is every mobile-device allegation the same offense?

No. The ordinary infraction, repeat-offense schedule and bodily-injury provision are distinct. Definitions, exceptions and the citation standard also matter under the statute.

Does purchasing a hands-free accessory automatically dismiss a charge?

No automatic result is promised. Subsection (4)(b) contains particular requirements and a condition concerning whether a charge was previously dismissed under that subsection. This page does not decide eligibility or explain how to make a filing.

Are the listed fines the complete cost of a case?

No. They are the stated ordinary statutory fine and surcharge figures, not an all-in court-cost quote or a description of the bodily-injury branch.

Did the death-related provision change in 2026?

Yes. SB26-072 repealed § 42-4-239(4)(d) for offenses committed on or after September 1, 2026. The act separately addresses criminally negligent driving causing death; it does not establish the outcome of an individual case.

Does this page determine a driver's points or license status?

No. It identifies a statutory baseline. A particular conviction, assessment and driver record are separate from this general summary.

Related information

Traffic Tickets · Traffic Violations Index · License & DMV · CDL Drivers

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