Is it illegal to drive with headphones?

Can you drive with headphones on?

When you’re driving, paying attention to the road in front of you is the most important thing you can do. That said, in reality, people use their driving time to unwind and listen to the radio, to podcasts, audiobooks and even make phone calls. Some of these things are more distracting than others, but doing any of these things with headphones on can be especially problematic. In fact, it’s illegal in many states.

Let’s dive into a state-by-state look at the laws around driving with headphones or earbuds.

Where can you drive with headphones?

Driving with headphones is a relatively new issue, as headphones have become smaller and smaller and therefore easier to use while driving. But laws have quickly popped up to stop the use of headphones, as states have begun recognizing how dangerous it is.[1] After all, by wearing headphones, you're eliminating a key sense that can help you observe and react to events happening on the road.

However, while some states are enacting bans against driving with headphones, not all states handle the issue the same. In fact, in 35 states, the practice is still entirely legal. Below is a table that outlines each state's law on wearing headphones while driving. Some states completely ban it, while others ban it with some exemptions.

Why wearing headphones isn’t safe

The reason headphones have been banned in a handful of states is because they can contribute to dangerous driving. It can seem like small little earbuds shouldn’t affect your driving, after all, you can still see just fine. That’s not the case though. Here are a few reasons driving with headphones is an unsafe practice.

You can’t hear emergency vehicles

First and foremost, when you’re driving, if you have headphones on, your hearing is impaired significantly. That means you’ll likely have a hard time hearing emergency vehicles, and you could make it difficult for them to pass.

It’s a distraction

Distracted driving is a serious matter. Over 3,000 people are killed in distracted driving incidents each year. At times, driving with headphones can be a cause of distracted driving. Your mind is not fully focused on the road, which can cause you to miss red lights, strike pedestrians or swerve into other lanes, among other things.

Even if you’re not completely aware of it, listening for traffic is important when driving along sharp curves, stopping for trains and switching lanes. Not having this sense available to you isn’t helping you stay safe. That’s why it’s also recommended that your car radio not be up too high when you’re driving.[2]

When you could consider wearing them

Despite the dangers, there are some exceptions where it might be appropriate to wear headphones, depending on the legality of these exceptions in your home state (see table above).

If you’re using one earbud for a call

If you do need to take a call while driving, wearing a single earbud so you can take the call hands-free is better than picking up your phone. While it’s still not recommended, if you’re going to do it, it’s better to do it in a slightly safer manner.

Many states do allow you to drive with just one earbud in, but know that if an accident occurs, there’s still a chance you could be cited for distracted driving.

If you’re hearing impaired

Hearing aids and any device that helps the hearing impaired are not considered headphones or earpieces, so the wearer shouldn’t be concerned about being fined if an accident occurs.

When you’re job requires it

Construction workers, garbage collectors and emergency vehicle operators often use headsets to communicate with each other in loud situations. They’re often exempt from the headphone rule since their equipment is helping them do their jobs properly.

The consequences of driving with headphones

In states where it’s illegal to drive with headphones, you could face fines if you’re caught driving with them in, which could also result in higher insurance premiums. The fine you pay will vary by state since each has its own law.

In Texas, for example, you could get a $200 ticket for dangerous driving if you violate driving laws while wearing headphones.[3] You could potentially get jail time depending on the severity of the incident.

Another example is Maryland. Maryland follows the contributory fault standard for distracted driving cases that end in injury or accident.[4] This means the victim will lose any compensation if they are found at fault, even if it’s only slightly. So, if you’re wearing headphones and someone else crashes into you, the fact that you were wearing headphones could hold you partially responsible for the crash. That could end in zero compensation for you.

In Illinois, where it’s illegal to drive with headphones, you could face a $500 fine and be held responsible for paying any damages if you caused the accident.[5]