How Much Are Fines for Texting and Driving in California?

And why the laws are different if you’re under 18

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Jacqueline Quach holds years of experience in content writing, blogging, and copywriting, and has a professional background in user experience design, helping clients and businesses develop their content strategy. Jacqueline writes for multiple brands and websites, empowering customers in their purchase process through content. She also contributes to Savings.com and has written for Angi and SeniorLiving.org. Her work has been featured on MSN.com and Dayspa Magazine. Jacqueline holds a B.A. in Communication Studies from the University of California, Los Angeles.

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Maya Afilalo holds over 10 years of professional experience in writing, communications, and research, which she leverages to provide accurate and reliable information to empower consumers. In addition to overseeing content production, Maya has herself written many articles on auto insurance costs, company comparisons, state laws and requirements, and other topics. She is committed to helping consumers navigate the complex world of car insurance with clarity and confidence. Maya holds a bachelor’s degree from the University of Pennsylvania and a master’s from North Carolina State University.

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Last updated: June 17, 2026

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Key Takeaways: Fines for Texting and Driving in California

Texting and driving is illegal in California; not only is it dangerous, but it carries fines and can increase your insurance rates.

First offense carries a $20 base fine (~$136 with fees); second offense within three years is $50 (~$272 with fees).
Drivers under 18 cannot use any phone while driving, even hands-free.
A first offense adds no points to your record, but subsequent violations add one point each.
A texting ticket could raise California full coverage premiums by ~25%, similar to a speeding ticket.

How Much Are Fines for Texting and Driving in California?

California Laws Prohibiting Texting and Driving

Three sections outline the laws against texting and driving.

23123(a) VC: This law prohibits talking on the phone on a device that’s not hands-free for those over the age of 18.
23123.5(a) VC: You also can’t text and drive.
23124(b) VC: If you’re under the age of 18, you can’t even talk on a hands-free device.¹

STATS:

A recent Autoinsurance.com survey found that 87% of drivers say texting while driving is moderately or extremely dangerous, but 1 in 3 drivers do it anyway. Over 200 people were killed in California in a single year as a result of distracted driving. Don’t use your phone behind the wheel; you could save a life.

Exceptions

Note that there are a few exceptions to 23123(a):

You can make an emergency call to the fire department, law enforcement, a medical provider, or other emergency services professionals, even if you’re under 18.
You can make a call if you’re emergency personnel operating an authorized emergency vehicle and over 18.
You can talk on the phone while driving a motor vehicle on private property if you’re over 18.
You can make calls on devices that are specifically designed for hands-free talking and listening if you’re over 18.
While bus drivers over 18 can use hands-free, manufacturer-installed systems in the vehicle while driving, they can also use handheld devices that require their hands if both of the following conditions are met:
The device is mounted on the windshield in the same way a GPS device is mounted, not obscuring the view of the road.
The driver is able to activate or deactivate a feature with a single swipe or tap.

DID YOU KNOW?

As of July 2025, a California state appeals court decided that state laws that ban texting or talking while driving also apply to holding a phone to view a map.²

Fines

The base fine for violating the above laws is $20 for the first offense, although you’ll pay around $136 after additional fees and assessments. For a second violation within three years, drivers pay a base fine of $50, or $272 after fees and assessments.³

California’s fines apply to all drivers, both above and below the age of 18, including bus drivers.

These fees are lower than texting and driving fees in New York, where fines start at $50 and can go all the way up to $450.

The California DMV doesn’t assign points for the first time you get caught on your phone while driving. However, each subsequent offense results in one point on your record. If you think you’re not guilty, you should seek legal advice from a traffic ticket lawyer to avoid paying a base fine for cell phone tickets.

How Fines Can Affect Insurance Costs

Once you pay the fine for your infraction, the case will be closed, but the violation will show up on your record for three to seven years.⁴ For subsequent violations, you can also expect one DMV point added to your record. Insurance companies usually look at the past three years of your driving record, so a texting and driving violation can increase the auto insurance costs in California during that time.

While there’s limited data on how texting and driving tickets affect car insurance rates, we can get a better sense by looking at how speeding tickets increase premiums. A speeding ticket in California increases full coverage premiums by about 25 percent on average. A texting and driving ticket could have a similar effect on your rates.

If you have a texting and driving violation on your record, you can shop around for the cheapest rates. To find the best car insurance in California for your needs and budget, get quotes from at least three providers. USAA, GEICO, and CSAA (AAA) offer lower-than-average premiums for speeding tickets in the Golden State, so you can see what they charge for drivers with texting and driving tickets.

How the Police Enforce Phone and Texting Laws

Law enforcement for being on the phone and texting while driving differ based on your age. If you’re above the age of 18, the police can stop you if you’re not using a hands-free device. However, if you’re under the age of 18, they can’t stop you solely for using a hands-free device, as it’s a secondary violation.⁵

How to Avoid Texting and Driving Citations

The easiest way to avoid texting and driving citations is to refrain from using your phone, or any electronic communication devices, while driving. However, if you are above the age of 18 and need to make a call or use a voice assistant, make sure your device is hands-free. Voice assistants like Siri can make it easy to use your phone without your hands. If you’re under 18, don’t use your device at all, even with voice assistants.

DID YOU KNOW?

Drivers are 23 times more likely to be in a collision if they’re texting and driving.⁶

Recap

If you’re caught texting and driving in California, expect to pay fines and have the violation on your record for at least three years. While texting and driving tickets aren’t as expensive in the Golden State, your premiums may increase. USAA, GEICO, and CSAA have some of the cheapest rates in California after a ticket.

The state prohibits drivers under 18 from using phones unless they’re hands-free, and they’re not allowed to use a phone to talk, even with hands-free devices. The bottom line is that texting and driving can result in major accidents, so keep your phone in hands-free mode to prevent distracted driving.

Frequently Asked Questions

What is California Vehicle Code (VC) 23123.5(a)?

California Vehicle Code 23123.5(a) makes it illegal to hold and use a cellphone or electronic device while driving. Drivers can only use their devices in hands-free mode or when the device is mounted and operated with a single swipe or tap.

Does a cell phone ticket affect insurance in California?

Yes. A cell phone ticket in California will increase your car insurance rates since it’s considered a moving violation. Repeat violations can increase your premiums even more, since they result in points on your record. Expect a violation to increase your rates by about 25 percent.

How much is a cell phone ticket in California?

The base fine for a first offense is $20, while subsequent offenses come with a $50 base fine. After court fees and assessments, most drivers pay around $136 for a first ticket and $272 or more for repeat violations.

Do cell phone tickets go on your record in California?

Yes. A cell phone violation will go on your record for at least three years in California. While the first violation won’t result in points, subsequent violations within 36 months can result in one DMV point on your record.