Does a Cell Phone Ticket (“E-DUI”) Count as a Moving Violation in Washington?
It’s not a crime, but it will punish your wallet like one. Here is why you cannot afford to ignore a cell phone ticket.
If you have recently been pulled over in Washington State and issued a ticket for “Driving Under the Influence of Electronics” or an “E-DUI,” you probably have two immediate questions: “Is this a criminal DUI?” and “What is this going to do to my insurance?”
The short answer is: No, it is not a criminal DUI. You are not going to jail. The bad news? Yes, it counts as a moving violation. Because of specific language in Washington’s administrative code, this ticket is one of the most damaging infractions for your insurance premiums—often worse than speeding.
Here is the deep dive on Washington’s “Driving Under the Influence of Electronics” (E-DUI) law, backed by state statutes, and how The Law Offices of Barbara A. Bowden can help you keep it off your record.
What Exactly is an “E-DUI”?
“E-DUI” is the common nickname for a violation of RCW 46.61.672 – Using a Personal Electronic Device While Driving.
When Washington State updated its distracted driving laws in 2017, they made them significantly stricter. Under the current law, you are prohibited from holding a personal electronic device in either hand while you are driving, even when you are stopped in traffic or at a red light or not even physically using it. Simply holding a phone is an offense.
According to RCW 46.61.672, “driving” specifically includes being temporarily stationary because of traffic or a control device. You are only safely “stopped” if you have pulled over to the side of the road and the vehicle is in a safe location.
You can be ticketed for:
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Holding a phone while driving, period.
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Typing or reading text messages.
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Watching videos or taking photos.
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Browsing the internet.
The “One-Finger” Exception: The law does offer a narrow exception. You are allowed to use a device for navigation or music, but only if it is mounted or docked. The statute specifies that you may only use a “minimal use of a finger” (a single touch or swipe) to activate or deactivate a function. If you are holding the phone in your hand to look at Google Maps, you are violating the statute.
The “Moving Violation” Trap
Many drivers assume a cell phone ticket is a non-moving violation, similar to a parking ticket or an expired tab ticket. This is a dangerous misconception.
In Washington State, the Department of Licensing (DOL) maintains a specific list of what counts as a “moving violation” (which gets reported to insurance) versus a “non-moving violation” (which even if reported, should not affect insurance rates).
WAC 308-104-160 – Moving and Nonmoving Violations Defined explicitly lists “Using a personal electronic device while driving” (subsection 72) as a moving violation.
This means that unlike a parking ticket or a camera ticket, an E-DUI ticket goes directly to your DOL driving abstract. Once it is on your abstract, your insurance provider will see it during your next renewal period.
The True Cost: Fines vs. Insurance Premiums
The face value of the ticket is expensive, but it is the “hidden cost” that hurts the most.
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First Offense: The standard fine is roughly $136.
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Second Offense: If you receive a second ticket within five years, the fine nearly doubles to approximately $234.
The Insurance Hike: Insurance companies view distracted driving as a “high-risk behavior.” Data from the Washington Traffic Safety Commission (WTSC) indicates that distracted driving is a leading cause of fatalities, statistically rivaling impairment in terms of crash risk. Because of this data, insurers punish it severely. A single E-DUI ticket can raise your insurance premiums by 20% to 25% for three years.
“Dangerously Distracted” vs. “E-DUI”
It is important to distinguish between the cell phone law and the secondary offense known as “Dangerously Distracted Driving.”
Under RCW 46.61.673, a driver can be fined an additional $30 (plus fees) if they are distracted by any activity (eating, grooming, holding a pet) that causes them to commit another traffic violation. However, unlike the cell phone ticket, this secondary infraction generally does not go on your insurance record unless it is accompanied by a crash or other serious circumstances.
Don’t Pay It—Fight It.
Paying an E-DUI ticket is an admission of guilt. Once you pay, the violation is permanently cemented on your driving record for three years, and your insurance company will find out.
At The Law Offices of Barbara A. Bowden, we have successfully defended thousands of Washington drivers against unfair traffic tickets. Our goal is simple: Keep the ticket off your record. We can often negotiate to have the charge dismissed or reduced to a non-moving violation that won’t impact your insurance rates.
Protect your record and your wallet.