What Are the Penalties for the New Distracted Driving Law in Ohio?

As of April 4th, 2023, holding your phone or any other electric device while driving is illegal in Ohio (except in a narrow and specific set of acceptable circumstances).

Distracted driving has been a prevalent problem in the state for quite some time. According to Ohio State Highway Patrol, from 2018 to 2023, there have been 63,258 car crashes from distracted driving, with 39 percent occurring between drivers from ages 15 to 24. Even worse, in that same timeframe, there have been 1,854 serious injuries and deaths from distracted driving crashes, accompanied by a significant spike in fatalities in 2022. This new law is intended to curb those numbers.

Currently, we’re still in the six-month period where state officers will only issue warnings to offenders, but starting October 5th, 2023, you may be issued a citation.

Parameters and Exemptions of the Ohio Distracted Driving Law

According to Ohio's distracted driving law, what counts as “hands-on phone use”? It should be pretty obvious that, when driving, you won’t be allowed to text, call on Facetime, watch a video or browse social media. Though what might be less obvious is that this law also prohibits physically dialing a number.

However, you can still use a device to make a call if you’re not touching it. In other words, employing Bluetooth or an integrated tech system is legal as long as you don’t have to support the device or manually input anything while driving.

A critical caveat is that the legal use of “hands-free technology” only applies to drivers 18 or older. It’s illegal for drivers younger than 18 to hold their phones while driving or use their phones via Bluetooth or an integrated system.

There are also some exceptions in place in which you could hold your phone and not face legal action, including:

• If you’re reporting an emergency to emergency services, including the police, fire department, hospital or your healthcare provider.
• Holding the phone to your ear during a call as long as it can start and end with a simple swipe or touch of your finger.
• Using your phone at a traffic light or parked on the road or highway during an emergency or road closure (still, stay aware of pedestrians crossing in front of you). 

Those on duty in specific professions are also allowed to hold their phone while driving, such as EMTs, licensed radio operators, utility workers during a blackout or other emergency service workers and commercial truck drivers if they’re using a mobile data terminal.

Punishment for Ohio Distracted Driving Law

After October 5th, 2023, you'll receive a penalty if you’re caught holding your phone while driving outside of the exceptions outlined above. Penalties range from:

• If this is your first offense in two years, two points will be tacked to your license, and you’ll have to pay a $150 fine.
• If this is your second offense in two years, three points will be tacked to your license, and you’ll have to pay a $250 fine.
• If this is your third or more offense in two years, not only will you receive four points on your license and be fined as much as $500, but you may also suffer a 90-day license suspension.

Any fines you incur will double in cost if the offense happened in a work zone (i.e., a traffic area undergoing construction, maintenance or other utility-based activities).

Points On Your License

What does having points on your license mean? For those unaware, points are listed on your license (and by extension, your driving record) to signify a driving violation or another substantial infraction. Penalty points are not to be treated lightly. Aside from possibly getting your license suspended, it can take as long as two years for the points to go away, and those points may cause your insurance premiums to increase.

To avoid receiving penalty points or paying a fine, keep your eyes on the road and your hands on the wheel. We hope this new law reduces the number of distracted driving accidents for the sake of everyone on and off Ohio roads and highways.

Victims of Distracted Driving Accidents, the Team at the Buckeye Law Group Will Go to Court for You

The Buckeye Law Group has helped many clients who’ve been involved in accidents pursue a successful personal injury claim. Distracted driving is willfully negligent behavior that shouldn’t be ignored, especially when others get hurt. We’ll work hard to help get you a fair settlement for all you’ve had to endure. Call 1-800-411-PAIN or visit our website to learn more about how the team at the Buckeye Law Group has helped others receive compensation.