This Is The Only State That Still Hasn't Banned Texting While Driving In 2026

At this point in time, there is still a single state that has yet to ban the practice of texting from your phone while you are driving in a car. That one remaining state is Montana. For reference, there are currently text messaging bans for drivers in place in the other 49 states of the Union, as well as in the District of Columbia. Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands. Montana stands alone as the only U.S. state that still permits a driver to text while driving a motor vehicle, which is one of the common mistakes that even experienced drivers make. 

However, just because the state of Montana has so far been unable to pass any legislation that bans the practice of texting while driving, there are two counties and nine cities within the state that have put their own laws into effect that make it illegal to text while you are driving a vehicle. The two counties are Anaconda-Deer Lodge and Butte-Silver Bow, while the cities are Baker, Billings, Bozeman, Columbia Falls, Great Falls, Hamilton, Helena, Missoula, and Whitefish. 

The most recent attempt by the Montana legislature to pass a law banning texting while driving happened in 2025, when Senate Bill 359, which would have provided penalties for distracted driving, failed to pass. It came in the wake of the death of 25-year old Chloe Worl, who was killed by another driver who plowed into Chloe's vehicle while texting on her cell phone.  

There could be several reasons why Montana has not passed a ban on texting when driving, which disables a driver's vital "sixth sense" by disrupting hand-eye coordination. Some cite deep-seated objections to the elimination of any personal rights, as well as issues over how effective that the enforcement of the law could be. Some believe that people from Montana simply don't want anyone telling them what to do. 

There is even one Montana Senator, Jeremy Trebas, who is not only against a texting ban, but who also wants to eliminate the bans that other counties and cities have already put into place. In Trebas' words (via USA Today), "These laws are going to make the roads more dangerous because people are just going to hide it and put the phone lower in their car instead of keeping their phone up and their eyes up." 

Of course, in the other 49 states, the pendulum has swung in the direction of more restrictions on texting while driving, not less. In California, it is not legal to check your phone at a red light. Starting on June 6, 2026, this will also be the case in the state of Pennsylvania. Fines can also be very hefty for violating certain states' "hands-free" cell phone laws, with fines of $450 to $500 for violations that take place in Alaska, Arkansas, Iowa, Massachusetts, Missouri, New Hampshire, New York, Ohio, and Vermont. Iowa boosts its fine to $1,000 if the violation leads to a death. So be aware that in nearly all places, texting while driving can get you into big trouble.