Can I get a ticket for eating while driving in WA? Here’s what state law says

When you’re driving with food in the passenger seat, you may be tempted to reach over and start snacking.

Can you legally sneak some fries while you’re driving in Washington state? Or does the law require you to wait until you’re home to eat?

Here’s what to know:

Can you eat or drink while driving in Washington?

Technically, Washington state law doesn’t prevent drivers from eating or taking a drink of a non-alcoholic beverage while on the road.

If eating impacts your ability to drive — causing you to swerve, lose control of your speed or other dangerous behaviors — you could be cited for “dangerously distracted driving.”

What is considered distracted driving in Washington?

Under state law, a “dangerously distracted” driver is anyone engaged in “any activity not related to the actual operation of a motor vehicle on any highway.”

Those activities could include eating, grooming, smoking or reading “if the activity interferes with safe driving,” the Washington State Patrol said.

If eating behind the wheel doesn’t impact your ability to drive safely, you aren’t breaking the law, Trooper Daniel Mosqueda of the Washington State Patrol told the Tri-City Herald.

According to The Jones Firm, a Bellevue law firm, there are three main types of distracted driving:

• Visual distractions: Looking away from traffic to check a phone or GPS
• Manual distractions: Removing your hands from the wheel to eat, text or adjust controls
• Cognitive distractions: Losing focus due to fatigue, emotions or deep conversations

“You cannot drive safely unless the task of driving has your full attention,” the National Highway Traffic Safety Administration said on its website. “Any non-driving activity you engage in is a potential distraction and increases your risk of crashing.”

Can I get pulled over for using my phone?

While it’s ok to use hands-free devices behind the wheel, Washington state law bans drivers from calling, texting or otherwise touching their phones.

“A person who uses a personal electronic device while driving a motor vehicle on a public highway is guilty of a traffic infraction and must pay a fine,” the law states.

“Drivers may not use hand-held cell phones while they are driving, stopped in traffic or at a stop light,” the Washington State Patrol said on its website. “However, these (rules) do not apply if you are contacting emergency services.”

The law applies even at stoplights. You need to pull over or park before you can legally use your phone.

You’re allowed to use a single touch or swipe to turn on hands-free devices, Mosqueda said, and you can legally operate your phone via voice control.

The WSP encourages drivers to start GPS, turn on the radio or jump on a call before they hit the road.

Can I watch videos while driving in Washington state?

In Washington, you’re not legally allowed to watch a video while driving — even if you have your phone mounted on your dashboard.

Whether you’re viewing a music video on your phone, a movie on a portable DVD player or a sports game on your tablet, it’s illegal to observe a monitor behind the wheel.

On occasion, drivers think they’ve found a loophole in the law, Mosqueda told the Tri-City Herald.

He described one Richland incident involving a driver who had mounted his phone to the steering wheel to watch YouTube videos.

After seeing the screen light up the driver’s face, Mosqueda pulled him over and explained that he had still broken Washington state law, despite the handsfree nature of his phone activity.

What are the penalties for distracted driving?

Under state law, anyone who drives “dangerously distracted” in Washington faces a penalty of $139.

Using a smartphone or another electronic device is punishable by a fine of at least $145, the WSP said. If there’s a second offense within five years, the fine goes up to $243.

Watching a monitor while driving also comes with a fine of $145.

In the event of a distracted driving crash resulting in serious injury or death, drivers could potentially face additional criminal charges such as reckless or negligent driving, resulting in jail time.

Mosqueda said violations are reported to insurance companies, which could result in more expensive monthly payments.

How bad is distracted driving in Washington state?

According to the National Highway Traffic Safety Administration, a total of 3,275 people died due to distracted driving in 2023.

In 2023, the Washington Traffic Safety Commission stated around 30% of deadly collisions of the 810 investigated by police in Washington involved at least one distracted driver.

Mosqueda estimated about 25% of all crashes involve distracted drivers.

Because districted driving tends to be underreported, Mosqueda said it’s likely the actual percentage of crashes involving distracted driving is actually higher.

So far in 2025, the Washington State Patrol has pulled over or responded to 25,024 distracted drivers, including 943 motorists in Benton and Franklin counties, Mosqueda said. In comparison, the WSP stopped 1,271 distracted drivers in Benton and Franklin counties in 2024, Mosqueda said.

“The thing that gets to me is that it’s, most of the time, 100% preventable,” Mosqueda said. “We’re having members of our community die because they’re not putting their phone down.”

What is Washington State Patrol doing to stop districted driving?

In response to the rise in distracted drivers, Mosqueda said the Washington State Patrol does “emphasis patrols” in conjunction with other agencies, including the Washington Traffic Safety Commission.

Officers pinpoint problem areas, such as Highway 395 and Clearwater Avenue in Kennewick, by stationing officers in a nearby parking lot and observing how many people are driving while distracted.

Once a problem spot is identified, the WSP stations plainclothes officers at the intersection for several hours to pull over drivers engaging in distracted behaviors.

Mosqueda said he wants to remind everyone that “driving is the most dangerous thing they do.”

He said everyone’s cooperation is needed to ensure safety on our roadways.

This story was originally published August 4, 2025 at 5:00 AM.