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Drivers can lose their license if they use their cellphone behind the wheel —for example, to record or send a WhatsApp audio message—and that violation is added to other traffic offenses. The law establishes a points system that, when a fixed limit is exceeded, triggers the automatic suspension of the license.
The regulation applies in the state of Georgia, United States, and combines two articles of the Traffic Code: the one that regulates cellphone use behind the wheel (known as the Hands-Free Georgia Act) and the one that sets the points system for violations (O.C.G.A. § 40-5-57). Both are enforced by the state Department of Motor Vehicles.
The infractions that add points and lead to suspension
Holding the cellphone in your hand while driving is already an infraction, regardless of what it is used for: talking, writing a message, watching a video, or recording and sending an audio message through an app like WhatsApp. That conduct falls under the law that prohibits the use of mobile devices behind the wheel.
Each infraction of this type adds points to the driver’s record: 1 point the first time, 2 the second, and 3 from the third onward. If, in a 24-month period, the driver accumulates 15 points or more, also counting other traffic offenses, the state automatically suspends the license.
Among the infractions that also add points are:
- Aggressive or reckless driving: 4 to 6 points
- Speeding: between 2 and 6 points, depending on how much the limit is exceeded
- Failing to obey a traffic light or sign: 3 points
- Improperly passing a school bus: 6 points
What happens if the 15 points for infractions are accumulated?
The first time a driver reaches 15 points, the license is suspended for one year, although they may request its return earlier if they meet the requirements imposed by the state. If the repeat offense happens again within the following five years, the suspension is extended to three years.
If there is a third accumulation of points within that same five-year period, the suspension is for two years and, in that case, the driver cannot request early return of the license or obtain a limited driving permit. The suspension begins when the driver surrenders the license or when the state processes the violation.