Effective Jan. 1, using a cellphone or other mobile device for any reason while driving is illegal in Colorado, unless a hands-free accessory is used.
That includes making phone calls, texting or handling your phone in any way when you’re behind the wheel, requiring all drivers to use a hands-free device.
On Aug. 2, 2023, 10-year-old Oliver (“Ollie”) Stratton was hit and killed by a distracted driver while crossing the road on his bike in Larimer County. The driver who struck him in the intersection was texting and driving at the time of the incident.
“Distracted driving is a silent epidemic that is claiming lives and devastating families. We miss our 10-year-old son Ollie dearly and grieve with those who have lost loved ones to this preventable crisis,” said Clarissa Stratton, the mother of Oliver Stratton. “Colorado’s new hands-free law is a crucial step toward safer roads. Let’s all work to prioritize road safety by committing to undivided attention when driving. I ask that you do it for our Ollie.”
Robye Nothnagel, another victim of distracted driving, was struck in Denver in 2017 as she crossed the street. The driver was an 18-year-old teen who was texting. As a result of the incident, her pelvis was broken in four places and her tibia was shattered.
Roybe still faces struggles in her recovery, such as nerve damage and daily pain from her injuries.
“As the victim of a texting crash, I am thankful that we finally passed a law that it is against the law to hold a phone while driving,” said Robye. “Too many people die or are injured due to distracted drivers. Be safe out there.”
Studies show that using a mobile device while driving increases the risk of a crash by two to six times. In 2023, distracted drivers were involved in 10,333 crashes in Colorado. That is 28 crashes every day involving a distracted driver, on average.
“Driving is not a multitasking event — it requires your full attention. The rise of distracted driving and phone use behind the wheel has become a major safety concern,” said Shoshana Lew, executive director of the Colorado Department of Transportation (CDOT). “The hands-free law is a critical step toward reducing the risk of crashes and protecting all road users. It’s time for all drivers to put their phones down, keep their heads up and drive with both hands on the wheel.”
Penalties for violating the new law in Colorado start with a $75 fine and two license suspension points for the first offense. First-time violators can have the charge dismissed if they provide proof of purchasing a hands-free accessory. Repeat offenders face higher fines and more license suspension points.
The law includes exemptions for individuals reporting emergencies, utility workers, code enforcement officers, animal protection officers, first responders and individuals in parked vehicles.
“Using your phone or any other device while driving is a distraction, even when you’re stopped at a red light or sitting in traffic. The hands-free law applies at all times, and we are committed to enforcing it to keep everyone on the road safe,” said Col. Matthew C. Packard, chief of the Colorado State Patrol.
Colorado drivers are encouraged to obtain a hands-free accessory to comply with the new law. These include dashboard/phone mounts, car speaker systems and Apple CarPlay/Android Auto.
Colorado joins 29 other states in prohibiting the use of hand-held mobile devices while driving.
States with similar laws have reported decreases in distracted driving crashes. In Michigan, a 2023 law banning handheld cellphone use led to a 12.8 percent decrease in distracted driving crashes within the first year. In Ohio, fatal crashes involving a distracted driver declined by 19.4 percent following a ban on handheld cellphone use.
For more information on the hands-free law, visit codot.gov/handsfreeco.
Child restraint system law
Also effective Jan. 1, Colorado’s child restraint system law has been updated.
The changes include:
• Booster seats: Children must now use a car seat or booster seat until they are 9 years old (previously under 8 years old).
• Rear-facing car seats: Children under 2 years old and weighing less than 40 pounds must be restrained in a rear-facing car seat in the rear seat if available (previously under 1 year old and under 20 pounds). Children under 2 years old but weighing more than 40 pounds may use either a rear-facing or forward-facing car seat.
• Seat belt or car seat requirement ages: Children under 18 years old must now be properly restrained in a seat belt or child restraint system (previously under 16 years old).
For more information on the updates to Colorado Child Passenger Safety Laws, visit CarSeatsColorado.com.
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