Driving with headphones is a common yet controversial practice. Each state has a different take on headphone use while driving, so drivers are often unsure whether it’s legal. It’s important to understand your state’s laws and the safety implications of using headphones while driving so you can drive responsibly.
State Laws Regarding Headphone Use
It is illegal to drive with headphones in many U.S. states. Some states explicitly ban headphone use while driving, while others limit the use of headphones to certain situations. However, the majority of states have no laws addressing this issue despite its dangers.
States That Ban Headphone Use While Driving
Headphone use while driving is banned in virtually all circumstances in only five states. It is illegal to drive with one or both headphones or earbuds on in Alaska, California, Ohio, Virginia, and Washington.
These states typically make exceptions for drivers with medically necessary hearing aid devices, emergency vehicle operators, motorcyclists with approved sound-receiving helmets, and a select few other situations. However, the vast majority of drivers are prohibited from using headphones in these states. The motive behind these laws is that hands-free distractions, such as using headphones, still increase the risk of accidents.
States With Exceptions for Headphone Use
Another 11 states make exceptions for headphone use while driving that most drivers can legally take advantage of.
Drivers may use one earbud for phone calls in Colorado, Florida, Georgia, Illinois, Pennsylvania, and Rhode Island. Massachusetts allows headphones for navigation purposes and allows the use of one earbud for any purpose. Louisiana, New York, Maryland, and Minnesota also allow the use of a single earbud for any purpose. The single-earbud exception exists to encourage hands-free device use that may increase safety while still preserving some hearing.
States With No Specific Laws on Headphone Use
Thirty-four states have no explicit laws against driving with headphones:
- Alabama
- Arizona
- Arkansas
- Connecticut
- Delaware
- Hawaii
- Idaho
- Indiana
- Iowa
- Kansas
- Kentucky
- Maine
- Michigan
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- North Carolina
- North Dakota
- Oklahoma
- Oregon
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- West Virginia
- Wisconsin
- Wyoming
Keep in mind that driving with headphones can still have legal consequences in these states. Irresponsible use of headphones while driving may be penalized as distracted driving or reckless driving. If you choose to drive with headphones in one of these states, you must do so in a way that doesn’t endanger yourself or others.
Dangers of Driving With Headphones
Reduced awareness is the greatest danger of driving with headphones. Safe driving requires the use of all senses, including hearing. If you can’t hear your surroundings while driving, you can miss important sounds such as sirens, car horns, railroad crossing alarms, and other vehicles’ engines.
The risk remains even if your volume is low—wearing headphones with the volume turned down still muffles these sounds and slows your reaction time. Wearing headphones can also make it more difficult to determine the direction a sound is coming from. Every millisecond counts in a potentially dangerous driving situation, and full use of your hearing allows for quicker and more informed responses.
Wearing headphones can also be distracting. Listening through your car’s speakers makes the sound a background noise and limits its ability to take your attention off the road. With headphones, the sound floods your senses and can compete with your focus on driving. Additionally, using headphones while driving creates a car accident risk because of mind wandering. You may be more likely to daydream and lose your concentration while listening through headphones.
Fiddling with your headphones or adjusting the volume on your mobile device also increases your accident risk by taking your eyes off the road and your hands off the wheel. Distracted driving killed 3,308 people nationwide in 2022 and accounts for approximately 10% of all motor vehicle fatalities, so the consequences of even a brief moment of distraction can be catastrophic.
Common Accidents Related to Headphone Use
Headphone use while driving can increase the risk of just about any type of accident, but some are especially likely:
- Failure-to-yield crashes: Drivers must yield to emergency vehicles and other drivers who have the right of way. Drivers wearing headphones are less likely to hear sirens or horns and may not realize the need to yield.
- Intersection crashes: Intersections are often chaotic, and drivers must be alert to avoid collisions. Any distraction, including headphones, can make it more likely for a driver to miss a stop sign or red light.
- Sideswipe crashes: The sound of other vehicles’ engines helps drivers determine when it’s safe to merge or change lanes. If they can’t hear these sounds properly due to headphone use, they’re more likely to miss an oncoming vehicle’s presence and cause a sideswipe crash.
- Reversing accidents: Reversing crashes happen when drivers back out of driveways or parking spaces without seeing what’s behind them. The sound of other vehicles’ engines, shopping carts rolling over the pavement, or pedestrians’ voices helps drivers avoid backing into others, but headphones can muffle these warning sounds.
Legal Consequences of Headphone Use While Driving
Using headphones while driving has legal implications, including criminal charges. In Ohio, for example, driving with headphones is a minor misdemeanor. [Ohio Revised Code https://codes.ohio.gov/ohio-revised-code/section-4511.84/1-1-2004] While this is the least severe type of misdemeanor in Ohio, a conviction carries a fine of up to $150. Ohio classifies a repeat offense of driving with headphones as a fourth-degree misdemeanor, which carries a fine of up to $250 and up to 30 days in jail.
Louisiana takes a lighter approach. Driving with both headphones is not considered a moving violation in Louisiana—the only penalty is a $25 fine and court costs. [Louisiana Revised Statutes https://legis.la.gov/legis/Law.aspx?d=88233]
In Arizona, where the law doesn’t explicitly outlaw headphone use while driving, the penalties depend on the circumstances. Driving safely with headphones in Arizona won’t result in legal consequences, but headphone use that results in violations of other traffic laws might. For example, if your headphones prevent you from hearing an ambulance’s sirens, you could be fined for failing to yield to an emergency vehicle. This offense carries a civil penalty of $275 for the first violation and up to $1,000 for subsequent violations.
Reckless driving charges are also possible in states that don’t mention headphone use in their driving laws. In Oregon, for instance, reckless driving includes any action that “endangers the safety of persons or property.” You may receive reckless driving charges if you blast music in your earbuds while driving and can’t hear other vehicles approaching, causing you to swerve or cut other cars off. Reckless driving is a Class A misdemeanor in Oregon, and its penalties include a $6,250 fine or up to 364 days in jail.
Insurance Implications After an Accident Involving Headphone Use
Driving with headphones can also affect your insurance coverage. Insurance companies know when you’ve received a ticket or criminal conviction for a traffic violation, and they often increase premiums accordingly. Your auto insurance may cost more during renewal periods if you’ve received a reckless driving charge after being caught driving with headphones. Your insurance company may also cancel your policy or deny you coverage if driving with headphones is on your record.
Additionally, you may be liable for damages if your headphone use contributed to an accident. Driving with headphones is often considered negligence in auto accident claims even when it’s not explicitly illegal. If someone else is injured or their property is damaged because of your headphone use while driving, the victim may be entitled to compensation through your insurance policy. The victim may even file a lawsuit against you directly if their medical bills and other damages exceed your coverage limits.
FAQs About Driving With Headphones On
Below are some frequently asked questions and their answers to clarify any uncertainty about the legality of driving with headphones.
Can You Drive a Car With Headphones On?
Driving with headphones is legal in most states simply because the law doesn’t mention it. However, driving with headphones can be dangerous. If you choose to drive a car with headphones on in one of those states, you must do so mindfully. Keep the volume as low as possible, and try to keep one ear uncovered.
Is Driving With AirPods Illegal?
While state laws don’t specifically mention AirPods, driving with AirPods is generally illegal in states that prohibit headphones or earbuds while driving.
Is It Legal to Drive With a Bluetooth Headset?
The states that outlaw driving with headphones usually include Bluetooth headsets in their prohibition. If your state allows headphone use behind the wheel, it’s likely also legal to drive with a Bluetooth headset.
Understanding the Legal Risks of Driving With Headphones
Driving with headphones is a legal gray area in most states. While the law may not explicitly mention it, there are still safety and legal consequences to driving with headphones on. Be sure to read up on your state’s regulations before using headphones while driving.
If you get into an accident involving headphones, a car accident lawyer at Morris & Dewett can help you navigate your rights and options. Contact us today to get started with a free consultation.
