Driving

Driving while using a phone or other electronic device can be dangerous and is restricted under Arizona law. Arizona’s hands-free law generally prohibits drivers from physically holding or supporting a phone or electronic device while driving. (A.R.S. § 28-914)

What a Driver Cannot Do ❌

• Hold a phone in their hand or support it with any part of the body while driving
• Text, type, or scroll through messages
• Watch or record videos
• Take photos or use a camera while driving
• Scroll through social media
• Use a phone or device in a way that requires prolonged physical interaction

What a Driver May Do ✅

• Use Bluetooth or speakerphone to make calls
• Use voice commands such as Siri or Google Assistant
• Use a mounted device to start or stop GPS with a single tap or swipe
• Use a mounted device to answer or end a call with a single tap or swipe
• Contact 911 or report an emergency
• Use certain hands-free features while stopped at a red light or stop sign

Possible Consequences 

• Civil traffic fines that may increase with repeat violations
• Additional enforcement in school zones
• Higher insurance costs
• Points on a driving record in some situations
• More serious criminal charges if distracted driving contributes to a crash causing serious injury or death

Current civil fines generally range from about $75 to $250 depending on prior violations. Violations of Arizona’s hands-free law are generally civil traffic violations, not criminal offenses. (A.R.S. § 28-914)

Knowing your rights can help you make informed and safe decisions during interactions with law enforcement. This page explains basic Fourth Amendment protections, including when police may search a person, vehicle, or home and what rights people may have during police encounters.

  

What Are Fourth Amendment Rights?

The Fourth Amendment to the United States Constitution protects people from unreasonable searches and seizures by the government. In many situations, police must have probable cause or a valid search warrant before conducting a search. However, some police encounters may require a lower standard called reasonable suspicion, such as a brief investigative stop. A person also has the right to ask whether they are free to leave and may refuse consent to a search in many situations.

  

What Is Probable Cause?

Probable cause means police have facts or evidence that would lead a reasonable person to believe a crime has happened or that evidence of a crime may be found in a certain place. For example, if an officer sees illegal drugs in plain view during a traffic stop, that may give police probable cause to conduct a search.

  

What Is Reasonable Suspicion?

Reasonable suspicion is a lower legal standard than probable cause. Police may briefly stop and question a person if they have specific facts suggesting criminal activity may be occurring. This is sometimes called a “Terry stop.” Reasonable suspicion alone does not automatically allow police to conduct a full search.

  

When Do Police Need a Search Warrant?

Police generally need a search warrant before searching a home or private property unless an exception applies. To get a warrant, police usually must show a judge that probable cause exists. A search warrant should describe where police are allowed to search and what items they are allowed to seize.

  

When Can Police Search Without a Warrant?

• Consent: If a person gives police permission to search, police generally do not need a warrant.
• Plain View: If police legally see illegal items or evidence in plain sight, they may take those items without a warrant.
• Search After Arrest: If a person is lawfully arrested, police may search the person and the area within the person’s immediate control for safety reasons or to prevent destruction of evidence.
• Vehicle Exception: Police may search a vehicle without a warrant if they have probable cause to believe evidence of a crime or illegal items are inside the vehicle. Examples may include seeing drugs or weapons in the car, hearing a person admit they have something illegal, or receiving reliable information from a witness.
• Emergency Situations: Police may conduct a search without a warrant during emergencies, such as when someone may be in danger.
   

Important Rights to Remember

A person generally has the right to remain silent, ask whether they are free to leave, ask whether police have a warrant, and speak with an attorney. In some situations, a person may still be required by law to provide identifying information, such as a driver license during a traffic stop. Understanding these rights and responsibilities can help people make informed decisions during interactions with law enforcement.

Did you know that a person under 18 must have the consent and signature of an adult to apply for a permit or driver license in Arizona? Under Arizona law, the adult who signs the application for a minor may also be financially responsible for damage or injuries caused by the minor driver. (A.R.S. § 28-3160)

Arizona’s graduated licensing system is designed to help new drivers gain experience and practice safe driving before receiving unrestricted driving privileges. The following sections explain the different types of licenses available to teen drivers in Arizona, along with the rules and restrictions that apply to each one.

   

Instruction Permit

Requirements & Restrictions

A person must be at least 15 years and 6 months old and must pass a vision test and written test in order to obtain an instruction permit. A person driving with an instruction permit may not drive alone. A licensed adult who is at least 21 years old must be seated in the front passenger seat whenever the permit holder is driving.

What Happens if the Restrictions Are Violated?

Breaking permit restrictions may lead to traffic citations, fines, points on a driving record, delays in obtaining a graduated license, or suspension of driving privileges depending on the situation.

  

Graduated License (Class G License)

Requirements & Restrictions

A person must be at least 16 years old, must have held an instruction permit for at least 6 months, and must pass a road test or complete an approved driver education program.

For the first 6 months of a graduated license, driving is generally not allowed between 12:00 a.m. and 5:00 a.m. unless accompanied by a parent or guardian, or unless driving directly to or from work, school, religious activities, or a family emergency. Also during the first 6 months, a driver generally may not have more than one passenger under 18 unless the passengers are siblings or a parent or guardian is present. These restrictions no longer apply once the driver turns 18. (A.R.S. § 28-3164)

What Happens if the Restrictions Are Violated?

Breaking graduated license restrictions may lead to civil fines, points on a driving record, traffic school requirements, or suspension of driving privileges. Accumulating too many points on a driving record may also lead to additional license consequences.

   

Operator License (Full License / Class D License)

At age 18, drivers may qualify for an unrestricted operator license if all Arizona licensing requirements have been met. This license is no longer subject to the restrictions that apply to a graduated driver license.