Can I Go to Jail for Texting and Driving?

 Posted on November 13, 2026 in English

Texting while driving is against the law in Maryland. How serious it is if you get caught texting and driving depends on whether your texting caused an accident or not.

Most of the time, a texting ticket means a fine, not jail time. But if texting causes an accident that seriously hurts or kills someone, you can face criminal charges and possible jail time.

If you got pulled over after texting and driving in 2026, a Montgomery County, MD criminal defense lawyer can help you understand what happens next.

Is Texting and Driving Illegal in Maryland?

Maryland law says you can't use a handheld device to write, send, or read a text message while driving (Maryland Code, Transportation Section 21-1124.1).

There are a few exceptions. You can use your phone's GPS to find your way. You can also text to reach 911 in an emergency.

What Is the Penalty for a Texting and Driving Ticket in Maryland?

A texting violation is usually a misdemeanor. A misdemeanor is a less serious crime than a felony. It comes with a fine up to $500 (Transportation Section 27-101). A person won't go to jail for a basic texting violation.

Drivers under 18 can have other penalties. The state can suspend a teen driver's license for up to 90 days for texting while driving.

Can Texting While Driving Be a Crime in Maryland?

Causing an accident because you were texting can be a criminal offense in Maryland. It's a crime if texting or using a handheld phone while driving causes an accident that kills or seriously hurts another person. The penalty is up to one year in jail, a fine of up to $5,000, or both.

A sentence for this offense must run concurrently, or at the same time, with any other sentence imposed for a crime based on the same act. That means you can face other charges at the same time.

Charges for Texting and Driving When Someone Dies

If someone dies, prosecutors can also charge manslaughter by vehicle. Criminally negligent manslaughter by vehicle is normally a misdemeanor with up to three years in jail, a fine of up to $5,000, or both (Criminal Law Section 2-210).

Certain prior convictions can increase the charge to a felony carrying up to five years in prison and a $10,000 fine. It applies when a driver should have known about a serious risk but failed to see it. Ordinary carelessness isn't enough for this charge.

Manslaughter by vehicle based on gross negligence is a felony. It normally carries up to 10 years in prison, a fine of up to $5,000, or both. With certain prior convictions, the maximum increases to 15 years and a $10,000 fine. Gross negligence means obviously not caring for other people's lives when driving. Whether either charge applies depends on the facts of the accident.

What Evidence Do Maryland Prosecutors Use in a Texting Accident Case?

To prove you were texting, prosecutors need evidence that you were using your phone when the accident happened. This evidence can include:

• Phone records that show when texts were sent or read
• Statements from witnesses who saw you looking down
• Video from traffic cameras, nearby businesses, or other drivers' dash cams
• What you told police at the scene

Police generally need a warrant to search your phone. Phone records also don't always match the exact second an accident happened. A lawyer can check whether the evidence really shows you were texting at the time.

You have the right to stay silent. You can refuse a voluntary search of your phone and ask to speak with a lawyer. However, do not interfere if police lawfully seize the device or execute a valid warrant.

What if I'm Charged After a Texting Accident and I'm Not a US Citizen?

A criminal conviction can affect immigration status for people who aren't U.S. citizens. If you're not a citizen, tell your lawyer early so they can plan for it in your defense.

Call a Rockville, MD Criminal Defense Lawyer Today

A texting accident that hurts someone can lead to charges much more serious than a ticket.

Our Montgomery County, MD criminal defense attorneys are available 24 hours a day, seven days a week. Attorney Mallon Snyder has more than 45 years of legal experience and strong relationships with judges. He helps clients prepare for court, including what to expect and how to present themselves. We won't push you into a plea deal just to close a case.

Call the Law Offices of Mallon Snyder at 301-762-7500 for a free consultation. Se habla español.