Is It Illegal To Drive With Headphones? Laws By State 2025

Is Wearing Headphones While Driving Illegal?

In some places, yes. Each state’s laws vary slightly, but the general rule is that you can’t wear earbuds while operating a motor vehicle. Some laws have exceptions, such as allowing drivers to wear one earbud but not two. Another exception is hearing aids.

Failing to follow these laws can result in traffic tickets and increased car insurance rates. Fines associated with wearing earbuds while driving vary from state to state. Therefore, brushing up on local traffic laws is crucial to staying safe and avoiding fines.

Is It Illegal to Drive With Earbuds in One Ear?

State laws against driving with earbuds specify that you cannot put a device in both ears. So, you may be able to drive while wearing one earbud.

There are exceptions. In Florida, you can wear an earbud in one ear if you are talking on your phone. But you cannot do the same if you listen to music while driving. So, the legality depends on what you’re doing while wearing the sole earbud.

It also depends on who you are and what you are driving. Law enforcement officers can wear headsets while driving if necessary for their duties. Motorcyclists can install headsets on their helmets if it doesn’t cancel out surrounding sounds.

Other states with single earbud rules include:

You should make sure you understand your state’s laws when it comes to earbud use, as well as the laws of any states you may drive through on a road trip.

Where Is It Illegal to Drive With Headphones?

It is illegal to drive with headphones, even single earbuds, in these states:

• California
• Louisiana
• Maryland
• Minnesota
• Virginia
• Washington

However, each state’s laws vary slightly, so it’s essential to know the specific requirements in your jurisdiction. For instance, Florida prohibits drivers from wearing a “headset, headphone, or other listening device, other than a hearing aid.” Based on this rhetoric, wearing even one earbud not intended for use as a hearing aid would be illegal in Florida.

There are some exceptions. Under Florida law, you can use a headset “in conjunction with a cellular telephone” if you use a single earbud.

California’s law is a bit simpler, prohibiting wearing earphones, headsets, or earplugs in or on both ears. However, the law applies to drivers and bicyclists, whereas Florida’s does not apply to cyclists. California’s inclusion of cyclists is likely part of more extensive efforts to address the nation’s rising bike, e-bike, and e-scooter accident rates, which total in the tens of thousands each year.

Why Is It Illegal to Wear Headphones While Driving?

It comes down to one concept: distracted driving. In 2022, 3,308 people died in distracted driving accidents.

Many brands of earbuds, including AirPods, have noise-canceling properties. This feature is excellent when you’re trying to fall asleep on an airplane, but it is a safety hazard when you're driving.

Headphones impair driving by:

• Reducing awareness: Many drivers underestimate how much we rely on hearing when we drive. Emergency sirens, approaching vehicles, and horns all alert us to danger. If you can’t hear it, you may not be able to get out of the way or avoid the hazard.
• Distracting: Immersive telephone conversations, intense podcasts, or even music may steal attention from driving. Physical distractions, like uncomfortable earbuds or tangled cords, can make driving unsafe.
• Reducing reaction time: If you are more interested in your conversation or podcast than what’s going on outside your car, you may not react quickly to emergencies.

Although it’s legal in some states, driving with one earbud in can also prove to be very distracting. If you have any doubts about your ability to focus on the road, you should avoid wearing earbuds while driving.

Can You Get a Ticket for Driving With Headphones?

If your state bans driving with headphones, you could receive a ticket. The severity of that ticket varies by state. For example, in Texas, you could receive a $200 ticket for dangerous driving if you’re pulled over for wearing headphones while behind the wheel.

Even if the cost of the ticket itself is not substantial, driving with headphones can have far-reaching financial consequences. Like with any other ticket, your insurance rates are likely to go up if you’re ticketed for driving with headphones.

What Happens if You Get in an Accident While Wearing Headphones?

Even if it’s legal to wear headphones while driving in your state, wearing them can have an impact on liability (and civil litigation) for car accidents. This is true whether you were at fault or not.

If You Were at Fault

Wearing headphones alone won’t make you automatically at fault for an accident. However, if you caused an accident and were wearing headphones at the time, you may appear even more negligent. The more negligent you seem to the court, the more likely you are to lose a lawsuit. This is similar to other overlooked vehicle issues like driving with a broken side mirror - while it may not seem serious, it can influence how fault is assigned after a crash and impact your claim or defense.

If You Were Not at Fault

If you weren’t at fault for the accident itself, having headphones on at the time of the crash could still have a negative impact on your car accident lawsuit. The extent of that impact depends on your state’s negligence laws.

Here’s an example. Imagine you’re driving with earbuds in both ears when a car runs a stop sign and hits you. While that driver is undoubtedly mostly to blame, the other side could argue that you were partially at fault, too. If you hadn’t been wearing headphones, you might have been able to hear the car coming and avoid a crash.

Many states have comparative negligence laws that reduce your financial award by your percentage of fault. In the example above, you might be determined to be 10% at fault for the accident. This means that if the court awards you $100,000, you would only receive $90,000.

The impact of wearing headphones is much more dire in states like Alabama that have contributory negligence laws. Contributory negligence laws bar you from receiving compensation if you contributed to the accident at all. If the above scenario happened in Alabama, you could not recover compensation.

Have You Been Hurt by Someone Wearing Headphones While Driving?

If you or a loved one has sustained injuries from someone wearing headphones while driving, ConsumerShield can connect you with an experienced attorney. A personal injury lawyer can guide you through the settlement process and may maximize your payout.

Getting started is easy. Contact us, and we’ll connect you with a legal professional to assess your case.