Distracted Driving Lawyers in Alabama

What Counts as Distracted Driving in Alabama?

Distracted driving in Alabama is any activity that diverts a driver's attention from safe vehicle operation. The state takes the issue seriously. Alabama law addresses it through specific statutes that target phone use and other distracting behaviors behind the wheel.

Alabama law requires drivers to exercise due care while driving on Alabama highways. They may not engage in prohibited actions that distract from safe driving. The statute prohibits writing, sending, or reading any text-based communication when the driver is observed driving in an impaired manner. This covers text messages, instant messages, emails, and internet data. These prohibitions apply to wireless telecommunications devices or stand-alone electronic devices while driving.

The law goes further than texting. Alabama's distracted driving statute also prohibits physically holding a wireless device while driving if the driver shows impaired behavior. That behavior may be crossing traffic lanes without signaling, swerving, or otherwise driving in an impaired manner. Other prohibited activities include watching videos and recording or broadcasting video. The statute also bars using more than a single button or swipe to start or end a call. It bars reaching for a device in a way that takes the driver out of a properly restrained seated position.

Distracted driving generally falls into three categories:

• Visual distractions – looking away from the road, such as glancing at a phone screen or GPS
• Manual distractions – taking hands off the wheel to hold a device, eat, or adjust controls
• Cognitive distractions – taking your mind off driving, such as an intense conversation or daydreaming

Many activities combine all three categories. Texting while driving, for example, makes a driver look at the phone, hold it, and think about the message, all at once.

As of 2026, Alabama enforces its hands-free law. The law bars holding a wireless device while driving when the driver is observed driving in an impaired manner. The warning-only period ended in June 2024. Law enforcement now issues citations statewide. Drivers who need a distracted driving attorney should know that these charges carry real costs.

Penalties for Distracted Driving Convictions in Alabama

Alabama uses a tiered penalty structure for distracted driving violations. Each conviction within a 24-month window carries a higher fine, and each one adds more points to the driver's record.

Distracted driving convictions are Class C misdemeanors. The fines are tiered as follows:

• First offense: A fine of not more than $50
• Second offense (within 24 months): A fine of not more than $100
• Third or subsequent offense (within 24 months): A fine of not more than $150

No court costs may be assessed for a violation of this section. A driver may not be placed under custodial arrest solely for a distracted driving violation.

Alabama law governs points on the driving record. A first conviction adds one point to the driver's record. A second conviction adds two points. A third or subsequent conviction adds three points. Those points build up. They can count toward a license suspension once a driver hits the limit set by Alabama's point system.

First-offense exception: A driver who appears in court on a first charge of physically holding a device may avoid a conviction. The driver must produce in court a hands-free device or proof of purchase of one. The court requires the person to affirm they have not used this privilege before.

What a Conviction Costs Beyond the Fine

The fines may look small. The true cost of a distracted driving conviction runs well past the ticket. Insurance companies treat distracted driving as a moving violation. Premiums often increase once a conviction appears on a driving record.

For commercial driver's license holders, a conviction can threaten employment. CDL holders face stricter scrutiny. Accumulating violations can cost them the right to drive commercially.

When Distracted Driving Leads to Criminal Charges

Distracted driving that causes serious harm can escalate beyond a traffic citation. A person who drives carelessly and heedlessly in willful or wanton disregard for the rights or safety of others may face reckless driving charges. A first reckless driving conviction carries five to 90 days in jail, a fine of $25 to $500, or both. A second or subsequent conviction carries ten days to six months in jail, a fine of $50 to $500, or both. A six-month license suspension may also apply.

In the worst cases, distracted driving that causes a death may lead to a charge of homicide by vehicle. A person who causes another's death while knowingly breaking an Alabama traffic law, other than the DUI statute, may be convicted of a Class C felony. That violation must be the proximate cause of death.

Defenses to Distracted Driving and Texting Charges

A distracted driving ticket is not an automatic conviction. Several defenses may apply, depending on the facts. Texting while driving attorneys and distracted driving lawyers evaluate the facts of each case. They then choose the approach with the best chance of a favorable outcome.

Challenging the officer's observations. Alabama's statute requires that the driver be "observed" engaging in prohibited conduct. The driver must also show impaired driving behavior such as swerving or crossing lanes without signaling. If the officer did not actually see the phone in the driver's hand, the elements of the offense may not be met. The same is true if the driver held a proper lane position.

Disputing device use at the time of the stop. The prosecution must prove the driver was actually using the device. Phone records can sometimes show the device sat idle at the time of the alleged violation. In other cases, a passenger, not the driver, may have been holding the phone.

Hands-free exceptions under the statute. Alabama law provides multiple exceptions to the distracted driving prohibition. Drivers may use GPS navigation, though manually entering an address while driving is still prohibited. They may place emergency calls, and may use a device while parked on the shoulder of the road. They may use earpieces or voice-activated technology. They may use steering wheel controls. Drivers 18 and older may also use a single swipe or tap on a mounted device for non-gaming, non-camera functions. If the driver's conduct falls within an exception, the charge may not hold.

Lack of probable cause for the stop. If the officer had no valid reason to stop the car, any evidence gathered during that stop can be challenged. An unlawful stop may lead to suppression of the citation.

Procedural errors in evidence gathering. Errors in how the citation was issued, how evidence was preserved, or how records were obtained can open the door for the defense. Missing body cam footage, incomplete officer notes, or improperly obtained phone records may weaken the prosecution's case.

For texting-while-driving charges, the prosecution must prove the driver was writing, sending, or reading a text-based communication. Simply holding a phone does not show that the driver was texting.

What to Expect From the Court Process

After receiving a distracted driving citation in Alabama, understanding the court process helps drivers make informed decisions.

The citation itself serves as a summons to appear in municipal or district court. Most drivers get a court date within a few weeks of the stop. At the first hearing, the driver may enter a plea or ask for more time.

Drivers have two basic options: pay the fine or contest the charge. Paying the fine is an admission of guilt. It triggers points on the driving record. It can lead to higher insurance premiums. Many drivers do not realize this when they pay online or by mail.

Contesting the charge opens additional steps. Through discovery, a defense attorney can request the officer's notes, dash cam footage, body cam video, and other evidence. Those records sometimes reveal inconsistencies in the officer's account. They may show the driver was not in fact breaking the statute.

Plea negotiations are common in traffic cases. In many situations, a prosecutor may agree to reduce a distracted driving charge to a non-moving violation. A non-moving violation usually carries no points. It also has less effect on insurance rates. That outcome often depends on the driver's record and the strength of the evidence.

If the case goes to trial, the prosecution must prove every element of the offense. The officer usually testifies about what they observed. The defense may then present evidence that challenges those observations.

Local court familiarity matters in these cases. Procedures, plea practices, and judicial preferences vary across Alabama's municipal and district courts. A lawyer who appears in that court often knows how it tends to handle distracted driving cases.

Why Hire a Distracted Driving Lawyer in Alabama

Many drivers assume a distracted driving ticket is minor and not worth fighting. That assumption can prove costly.

The immediate fine is small. The downstream costs add up. Points on a driving record can accumulate toward a license suspension. Insurance premiums often rise after a moving violation conviction. For commercial drivers, even one conviction can hurt their job prospects.

A distracted driving defense attorney brings real value to these cases:

• Avoiding points and insurance consequences. Negotiating a reduction to a non-moving violation is often the most valuable outcome for a driver's long-term record.
• Challenging weak evidence. Officers sometimes issue citations on assumptions rather than clear observations. An attorney can examine whether the evidence supports every element of the charge.
• Protecting a CDL or a work driving record. Drivers whose living depends on a clean record have far more to lose than a $50 fine.
• Handling accident-related charges. When distracted driving led to a collision with injuries, the stakes escalate quickly. A reckless driving or homicide by vehicle charge calls for experienced defense counsel.

Polson & Polson, P.C. focuses on Alabama traffic and criminal defense and appears often in municipal and district courts across the state. Drivers facing distracted driving charges may benefit from consulting an attorney who handles these matters routinely. That holds whether the charge is a first-offense texting ticket or a more serious charge involving an accident.

Speak With an Alabama Distracted Driving Defense Attorney

If you received a distracted driving citation in Alabama, do not simply pay the fine without understanding the consequences. A conviction adds points to your record. It could raise your insurance premiums for years.

Acting early matters. Dash cam and body cam footage may be overwritten if not requested promptly. Phone records that could support your defense are easier to obtain before deadlines pass. Witness recollections fade over time.

Even first-time offenders benefit from legal counsel. You may qualify for the first-offense hands-free device exception. The charge could be reduced to a non-moving violation that avoids points entirely.

Contact Polson & Polson, P.C. for a free consultation about your distracted driving charge. Call or submit a contact form to discuss your options before your court date. The sooner you reach out, the more defense options remain available.

Frequently Asked Questions About Distracted Driving Charges in Alabama

Is Texting While Driving Illegal in Alabama?

Yes, texting while driving is illegal in Alabama. Writing, sending, or reading text-based communications while driving is prohibited when the driver is observed driving in an impaired manner. This covers text messages, instant messages, emails, and internet data. The law also bars physically holding a wireless device while driving if the driver is observed swerving, crossing lanes without signaling, or otherwise driving in an impaired manner.

What Is the Fine for Distracted Driving in Alabama?

The fine for distracted driving in Alabama is tiered by how many convictions fall within a 24-month period. A first offense carries a fine of not more than $50. A second offense carries a fine of not more than $100. A third or subsequent offense carries a fine of not more than $150. No court costs may be assessed. The financial impact of insurance increases and point accumulation, though, can far exceed the fine itself.

Can I Fight a Texting While Driving Ticket in Alabama?

Yes, drivers may contest a distracted driving citation in court. Common defenses include challenging the officer's observations and disputing that the device was in use at the time. Drivers may also argue that the conduct fell within a statutory exception such as GPS use or emergency calls. Another defense is questioning whether the stop itself was lawful. Consulting an attorney before your court date may help you identify the strongest defense for your situation.

Does a Distracted Driving Ticket Add Points to My License in Alabama?

Yes, a distracted driving ticket adds points to your license in Alabama. A first conviction adds one point. A second conviction adds two points. A third or subsequent conviction adds three points to the driver's record. Those points can count toward a license suspension.

Will a Distracted Driving Conviction Raise My Insurance in Alabama?

Yes, a distracted driving conviction will likely raise your insurance in Alabama. The conviction is a moving violation that shows up on your driving record. Insurance companies in Alabama review driving records when setting premiums. Moving violations usually result in rate increases. The amount varies by insurer and driving history. Many drivers see a noticeable jump in premiums after a conviction. Avoiding a conviction through dismissal or reduction to a non-moving violation could help keep rates stable.