Due to somewhat recent changes in Ohio law, it is now a criminal offense to drive while distracted which includes texting while driving. In 2013, the first iteration of Ohio’s “texting while driving” law was passed and it has since been amended several times. So the short answer is, yes, it is illegal to text on your phone while driving in Ohio. This is because Ohio Revised Code Section 4511.204 makes it illegal to drive while texting and while using your phone for other purposes as well. There are some exceptions to this rule but they are very specific and can be hard to prove after the fact.
Distracted Driving is Prohibited in Ohio
Under O.R.C. 4511.204, there is a general prohibition against using your phone at all while driving. So this doesn’t just apply to texting. In fact, in the State of Ohio, you are not allowed to use, hold, or support a phone or any wireless device with any part of your body while driving on public roads. That includes texting, scrolling, or even just holding the device in your hand or lap. Under this law, it is not just illegal in Ohio to text while driving. It can be illegal to use your phone for other purposes, hold your phone, or otherwise support the device while you are driving if you do not fall under one of the exceptions listed in the Statute. It is important to know that this does not just apply to cell phones. It includes phones, tablets, laptops, video players, or anything used to text, call, or access information.
Exceptions to Ohio’s Texting While Driving Law
While it is prohibited to use, hold, or support a phone or wireless device while driving, there are specific situations under Ohio law where using a device while driving is allowed:
Emergency Use: Calling 911 or other emergency services.
Public Safety Vehicles: Police, firefighters, and EMTs using devices for work.
Stopped Vehicles: If your car is fully stopped outside traffic lanes, at a red light, or parked due to an emergency.
Ear Use Only: Holding the device to your ear for a call is allowed, but no typing.
Receiving Alerts: Getting GPS directions, weather, or emergency alerts—if you’re not holding the device.
Speakerphone: Using speakerphone without touching the device.
Navigation Use: You can use GPS, but can’t type or hold the device.
Single Touch or Swipe: Quick touches or swipes are fine—no typing or holding.
Commercial Truck Terminals: Truckers using data terminals are exempt.
Utility Workers: If they’re responding to emergencies or outages. Utilities include power, water, and other essential service providers and utility vehicles include any vehicle used by a utility company.
Hands-Free Tech: Using built-in car systems or voice controls, with only a quick tap or swipe allowed.
Built-In Systems: Devices integrated into the vehicle are OK, if not held or typed on.
Holstered Devices: Wearing your device on a belt or in a pocket holster is allowed.
Penalties for Texting While Driving in Ohio
For most first offenders, there will be a standard fine. First-time offenders can be fined up to $150. The penalties for distracted driving in Ohio can get more serious if there are repeat offenses. For example, a second offense within two years carries a fine of up to $250. If the Defendant has a third offense or more than three offenses within two years, the fine can reach up to $500 and the offense carries a possible 90-day license suspension. Fines are doubled if the violation occurs in a marked construction zone. For first offenders, there are a series of options that can lessen the severity. For example, the Defendant can avoid the fine and license points by completing a distracted driving safety course but they must submit proof within 90 days. If the law is violated again, points are added to your license. Only first offenders can avoid drivers license points if they take the safety course. Distracted driving in Ohio is a strict liability offense and intent doesn’t matter. If you’re caught doing it, and don’t fall into one of the exceptions, whether you intended to violate the law or not does not matter.
What Should You Do If Arrested for Distracted Driving?
If you or someone you know was arrested or charged for distracted driving in Ohio, we strongly recommend they consult with a criminal defense lawyer as soon as possible. The criminal defense attorney can request all of the evidence and make sure there was enough probable cause to stop or arrest the Defendant and otherwise analyze the evidence obtained for its legality. Even if the prosecutor has enough evidence to potentially convict you, an experienced criminal defense lawyer can often negotiate a better outcome than if you just accept the offense as it has been charged. If you would like to speak to a criminal defense lawyer in Ohio, call Sawan & Sawan at 419-900-0955.
Dennis P. Sawan
