Starting January 1, 2026: Des Moines Personal Injury Lawyer Warns That There Are No More Warnings for Iowa’s Hands-Free Law
For the past six months, Iowa drivers have operated under a transition period regarding one of the state’s most significant safety updates in decades. When Senate File 22 (SF 22) officially took effect on July 1, 2025, it fundamentally changed the rules of the road. However, to allow the public time to adjust, law enforcement agencies were instructed to issue only warning memorandums for handheld device use through the end of the year. If you are searching for a “personal injury lawyer near me,” contact us today for a free consultation.
That grace period ends at midnight on December 31, 2025.
Starting January 1, 2026, the Iowa State Patrol, Polk County Sheriff’s Office, and Des Moines Police Department will shift from education to strict enforcement. At Rouse Law, P.C., we know this change is a major shift in how a Des Moines personal injury lawyer proves fault in a collision. If you’ve been hurt, consulting an experienced injury lawyer is the first step toward protecting your rights.
The Legislative Journey: Why SF 22 Was Necessary
Iowa was the 31st state in the nation to adopt a truly comprehensive “hands-free” law. While texting while driving has been illegal in Iowa since 2010, the previous statutes were notoriously difficult to enforce. Under the old law, an officer who saw a driver holding a phone often couldn’t tell if they were typing a text (illegal) or merely dialing a phone number or using a GPS (which was formerly legal for drivers over 18). This “grey area” meant that many distracted driving cases were dismissed or never charged at all.
SF 22, signed by Governor Kim Reynolds in April 2025, closed these loopholes. By shifting the focus from the activity (texting) to the physical action (holding the device), the state has simplified the rules. Iowa now joins its neighbors—Minnesota, Illinois, and Missouri—in realizing that any handheld interaction with a device creates a level of cognitive and physical distraction that endangers everyone on the road. For victims, this new clarity is a vital tool for a Des Moines car accident lawyer seeking to hold negligent parties accountable.
The New Penalties: More Than Just a Fine
As of January 1, 2026, the “soft” enforcement era ends. If you are cited for holding an electronic device while driving, the consequences are more than just financial:
- Moving Violation Status: Every citation for a violation of SF 22 is now classified as a moving violation. This is critical because moving violations stay on your driving record and are reported to the Iowa DOT.
- Impact on Insurance: Because it is a moving violation, your insurance premiums are likely to increase. This is a primary concern for anyone managing auto accident claims in Des Moines, IA.
- The Points System: Under Iowa Administrative Code 761—615.6, accumulating three or more moving violations in a 12-month period can lead to a “Habitual Violator” status and a suspended license.
- Serious Injury or Fatality: If a distracted driver causes a crash resulting in serious injury, the fine jumps to $500. If the crash results in a fatality, the fine is $1,000, and the driver faces a mandatory 180-day license suspension, in addition to potential felony charges.
If you are injured in a car crash, our Des Moines car accident attorney can help you determine if the other driver was in violation of these new standards.
The Prosecutor’s Perspective: "Primary Offense" and Your Rights
By Ward A. (Sam) Rouse, Des Moines Personal Injury Attorney
With over 25 years of experience in the Iowa legal system, including time spent as a prosecutor, I understand how law enforcement uses “primary offenses” to build larger cases. SF 22 designates handheld device use as a primary offense, meaning an officer can pull you over solely for seeing a phone in your hand.
Once the blue lights are behind you, the stop becomes an investigation. If an officer detects signs of impairment, a simple $100 phone ticket can quickly escalate into an OWI (Operating While Intoxicated) arrest. As a Des Moines personal injury lawyer, I know that these stops provide the essential evidence needed to win a case for an injured client.
Personal Injury Law: Proving "Negligence Per Se"
If you have been injured in an accident involving a distracted driver, SF 22 provides your legal team with a powerful weapon: Negligence Per Se.
In Iowa, if a person violates a safety statute and that violation causes the type of harm the law was meant to prevent, the driver is often presumed negligent as a matter of law. When you seek help from our injury lawyer, the goal is to prove the other party failed to exercise reasonable care. SF 22 makes this process much more direct.
- Immediate Evidence: A citation for a hands-free violation on a police report is “smoking gun” evidence of fault.
- Subpoena Power: Our Des Moines car accident lawyer can use the occurrence of a citation to justify subpoenaing the at-fault driver’s cellular data to show exactly what they were doing at the moment of impact.
- Overcoming Comparative Fault: Insurance companies love to argue that the victim was partially at fault. When we can prove the other driver was in active violation of SF 22, their defense often crumbles.
What is Still Legal? (Staying Safe in Des Moines, IA)
The law is not meant to ban technology; it is meant to ban manual interaction while the vehicle is in motion. To stay compliant and safe:
- Mounts are Essential: GPS must be used in a dashboard or windshield mount. Entering an address while driving is illegal; it must be done before you start.
- Voice-Activated Systems: Use Bluetooth, Apple CarPlay, or Android Auto. You are allowed a “single touch” to answer a call or start a route, but only if the phone is securely mounted.
- The “Roadway” Rule: You cannot hold your phone at a red light. You must be completely stopped off the traveled portion of the road (such as a parking lot or shoulder) to pick up your device.
Frequently Asked Questions (FAQ): Clarifying the Grey Areas for Iowa Drivers
Can I hold my phone to use the speakerphone?
No. While you can use speakerphone, the device must be placed in a mount or a cup holder. If it is in your hand, you are in violation of the law.
Does this law apply to tablets or gaming devices?
Yes. The definition of “electronic device” is broad and covers tablets, laptops, and handheld consoles
Do I need a car accident lawyer for a distracted driving accident?
Yes. Insurance companies often try to minimize payouts. An experienced Des Moines car accident attorney can protect your rights and ensure your medical expenses are covered.
Can the police search my phone if they pull me over?
No An officer cannot search your device without a warrant or your explicit consent. If you believe your rights were violated, contact an experienced injury lawyer immediately.
Contact Rouse Law, P.C.: Your Des Moines Car Accident Lawyer
Winter is a reality in Des Moines, IA, but suffering a serious injury due to another party’s carelessness shouldn’t be. If you or a loved one has been seriously injured in a slip and fall accident on ice or snow in Des Moines or anywhere in Central Iowa, don’t wait.
Contact Rouse Law, P.C. today for a free, confidential case evaluation. Let our dedicated personal injury attorney review the circumstances of your fall and determine your legal options. We are the local advocates ready to fight for you!
