Michigan’s Hands-Free Driving Law: What Changed in 2023
On June 30, 2023, Michigan’s comprehensive hands-free driving law took effect, making it illegal to hold or use a mobile electronic device while operating a motor vehicle. Governor Gretchen Whitmer signed House Bills 4250, 4251, and 4252 into law, and Michigan became the 29th state with a full hands-free requirement.
This was a significant expansion of the old law. Previously, Michigan only prohibited texting on a handheld device under MCL 257.602b. Drivers could still hold their phones to make calls, scroll through apps, or use GPS—all legal under the former statute. That is no longer the case.
Under the updated MCL 257.602b, a driver cannot hold or support a mobile electronic device with any part of their body—hands, arms, or shoulder—while operating a motor vehicle on any public road in Michigan. “Operating” includes being stopped at a red light or sitting in traffic. The only time you are exempt is when your vehicle is lawfully parked.
What Exactly Is Prohibited Under the New Law
The law covers far more than texting. Under MCL 257.602b as amended, it is illegal to:
- Hold a phone or mobile electronic device in your hand, lap, or against your shoulder while driving
- Manually type, scroll, or swipe on a handheld device
- Watch, record, or stream video on a handheld device
- Access social media accounts while driving
- Use a handheld device at a red light or stop sign (you are still “operating” the vehicle)
The law applies to all mobile electronic devices, not just cell phones. Tablets, laptops, and GPS units held in your hand are all covered.
Exceptions to Michigan’s Hands-Free Law
The law does allow certain uses while driving:
- Hands-free and voice-operated mode: You may use your phone through voice commands, Bluetooth, Apple CarPlay, Android Auto, or similar systems as long as you are not holding the device.
- Mounted devices: A phone or GPS placed in a dashboard mount, windshield mount, or vent clip is permitted. You may tap the screen briefly to start navigation or answer a call, but you cannot hold the device.
- Integrated vehicle systems: Built-in touchscreens and infotainment systems that are part of the vehicle itself are exempt.
- Emergency calls: You may hold your phone to call or text 911 to report an emergency, a crime, or a traffic crash.
- First responders: Law enforcement, fire, and EMS personnel acting in their official capacity are exempt while on duty.
Kelsey’s Law: Stricter Rules for Teen Drivers
Michigan’s Kelsey’s Law, which predates the 2023 hands-free law, imposes additional restrictions on teenage drivers holding a Level 1 or Level 2 graduated license. Under Kelsey’s Law, teen drivers cannot use a cell phone in any manner while driving—including making or answering calls—unless using a voice-operated system integrated into the vehicle. This prohibition is stricter than the general hands-free law and remains in full effect.
Penalties for Violating Michigan’s Hands-Free Law
The penalties under the amended law are significantly harsher than the old texting ban:
- First offense: A civil infraction carrying a fine of up to $100, or up to $250 if the violation causes a crash.
- Second offense: A fine of up to $250, or up to $500 if a crash results.
- Third or subsequent offense: A fine of up to $500, or up to $1,000 if a crash results, plus potential community service requirements.
If the driver causes a crash resulting in serious injury or death while violating the hands-free law, the consequences escalate dramatically. A violation that causes serious impairment of a body function is a misdemeanor punishable by up to one year in jail and a fine of up to $1,000. A violation that causes death is a felony punishable by up to five years in prison and a fine of up to $5,000.
How a Hands-Free Law Violation Affects Your Accident Claim
For personal injury cases, a violation of MCL 257.602b has real consequences beyond criminal penalties. If the at-fault driver was holding a phone at the time of a crash, that violation can be used as evidence of negligence in a civil lawsuit.
Michigan recognizes the doctrine of negligence per se, meaning that violating a safety statute like the hands-free law can establish that the driver breached their duty of care. The injured party still needs to prove causation and damages, but proving the breach element becomes substantially easier when the other driver was breaking the law at the time of the collision.
Additionally, phone records, cell tower data, and app usage logs can be subpoenaed to prove the other driver was actively using their device at the moment of impact. Event data recorders (EDRs) in modern vehicles may also capture relevant information about the driver’s actions in the seconds before a crash.
Frequently Asked Questions
Can I use my phone for GPS navigation while driving in Michigan?
Yes, but only if the phone is placed in a mount or cradle. You cannot hold the phone in your hand to view directions. You may enter a destination before you start driving, or use voice commands to adjust navigation while the device is mounted.
Can I answer a phone call while driving?
Yes, as long as you use hands-free technology—Bluetooth, a vehicle’s built-in system, or a speakerphone with the device in a mount. You cannot pick up the phone and hold it to your ear.
Does the law apply if I am stopped at a red light?
Yes. Under Michigan law, you are “operating” your vehicle anytime it is on a public road and not lawfully parked. Sitting at a red light, waiting in a drive-through lane, or idling in traffic all count as operating your vehicle.
What if I was rear-ended by a driver who was on their phone?
If the other driver was holding or using a phone at the time of the crash, their violation of the hands-free law strengthens your distracted driving accident claim. Your attorney can subpoena phone records and other evidence to prove the driver was distracted. Contact an experienced Michigan car accident attorney to evaluate your case.
Can police pull me over just for holding my phone?
Yes. Holding a mobile device while driving is a primary offense in Michigan. Law enforcement can initiate a traffic stop solely because they observe a driver holding a phone, even if no other traffic violation occurred.
Are there any local ordinances that go further than state law?
Before the 2023 statewide law, several Michigan cities—including Detroit, Battle Creek, and Troy—had adopted local ordinances restricting handheld phone use. The statewide hands-free law now establishes a uniform standard across Michigan, though local ordinances that do not conflict with state law may still apply.
Injured by a Distracted Driver? Get a Free Consultation.
If you were injured in a crash caused by a driver who was using a handheld device, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. The Joseph Dedvukaj Firm, P.C. has represented thousands of Michigan accident victims and recovered over $300 million in settlements and verdicts. Call 1-866-HIRE-JOE or visit 1866hirejoe.com for a free, no-obligation case evaluation.