Can Michigan Drivers be Ticketed for Texting in the Drive-Thru?

Everyone knows the danger of using a cell phone while driving and in Michigan, it's now against the law. But can you get a ticket for using your phone while you're in line at the drive-thru waiting for your food?

Michigan's Texting and Driving Law

Michigan's new hands-free driving law took effect in June of 2023. Drivers can be pulled over and ticketed for holding or using a cell phone for any reason, whether it's making a phone call, sending a text, scrolling through social media, watching or recording video, or any other means of communication. This restriction also extends to electronic devices like handheld video game and GPS units.

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Drivers are, however, permitted to interact with cellphones if they're in hands-free or voice-activated mode when the device is mounted, not being held by the driver, and can be activated by a single touch. The use of a vehicle's built-in Bluetooth system is also permitted.

Texting and Driving:  The Dangers and Penalties

Drivers who are texting are 23 times more likely to be involved in a crash, according to the Virginia Tech Transportation Institute.

Michigan Auto Law breaks down the penalties, noting that drivers can receive a $100 fine and/or 16 hours of community service for their first offense.

Subsequent violations can result in a $250 fine and/or 24 hours of community service drivers with three or more violations within three years can be required to complete a basic driver improvement course.

Can You Get a Ticket for Texting in the Drive-Thriu?

Contrary to what many drivers believe, state and local police officers can issue tickets to drivers who pick up their phones or interact with their devices while stopped at a traffic light.

Although Michigan law does not specifically address using cell phones in drive-thru lines, the practice is discouraged.

We spoke with Lieutenant Todd Gilbert with the Grand Blanc Township Police Department, who said that drive-thru lanes are considered part of restaurants' parking lots. While it's technically not against the law, Gilbert says it's never a good idea to use a cell phone while operating a motor vehicle.

"The law allows it," Gilbert says. "However, we would prefer people not do it simply because we want your attention focused on operating the vehicle."

While using a cell phone in a drive-thru won't get you a ticket in Michigan, use caution when traveling elsewhere. In 2015, a man from Alberta, Canada made international headlines when he was ticketed for using a cell phone in a Tim Hortons drive-thru. Canadian laws regarding texting and driving are notoriously stricter than those here in the US.