We’ve all been tempted—just a quick reply or checking that notification while behind the wheel. But if you’re caught texting while driving in Virginia, the consequences are no joke. The state has cracked down hard in recent years, and knowing the law could save you from a fine—or even a crash.
Here’s what actually happens if you get caught texting and driving in Virginia.
Law
Virginia doesn’t play around with distracted driving.
Since January 1, 2021, it’s been illegal to hold a phone while driving—period. Not just texting. You can’t scroll, swipe, type, or even hold your phone to check directions. The law is part of Virginia’s hands-free driving legislation, aiming to cut down on crashes caused by distracted drivers.
It’s considered a primary offense, meaning an officer can pull you over just for seeing you hold your phone.
Penalties
So, what are the penalties if you get caught?
| Offense | Fine |
|---|---|
| First offense | $125 |
| Second/subsequent offense | $250 |
| Offense in work zone | $250 (minimum) |
That’s right—get caught in a construction or school zone, and you’ll face an automatic $250 fine, even if it’s your first time. And these fines don’t include potential court fees or insurance rate hikes.
Points
Aside from the financial hit, you’ll also face demerit points on your license.
Texting while driving is a 3-point violation in Virginia. These points stay on your record for 3 years, and if you rack up too many, it could lead to license suspension—especially for drivers under 18.
Insurance companies also keep an eye on your driving record, and a texting violation can easily bump up your premium.
Exceptions
There are a few exceptions to the hands-free law, but they’re pretty limited:
- Using your phone while lawfully parked or stopped
- Making emergency calls (911, fire, police, EMS)
- Using factory-installed or hands-free voice systems (like Bluetooth)
Using GPS is allowed—but only if the device is mounted and you’re not holding it in your hand.
So no, glancing at your phone at a red light is not legal if you’re holding it.
Safety
The main reason Virginia enforces this so strictly? Safety.
According to DMV crash data, distracted driving contributes to over 20% of all crashes in Virginia. That’s thousands of accidents every year, many involving injuries or worse. Just a few seconds of looking at your screen is like driving blindfolded across a football field.
The fines sting, but they’re nothing compared to what could happen in a serious crash. It’s just not worth it.
Virginia’s message is clear: Put the phone down, or pay up.
FAQs
Is texting while driving illegal in Virginia?
Yes, it’s illegal to hold a phone while driving at all.
What’s the fine for first-time offenders?
$125 for the first offense, $250 for repeat offenses.
Do I get points on my license?
Yes, texting adds 3 demerit points to your record.
Can I use GPS on my phone?
Only if it’s mounted—don’t hold it in your hand.
Are there any exceptions?
Only emergency calls or parked/stopped use allowed.
