text: Almost every state has laws strictly prohibiting texting while driving, and those who don't often consider it a distracted driving offense. States that once allowed texting while driving have since cracked down on distracted driving. Many states also prohibit talking on the phone while driving unless you are using a hands-free device. If you are a commercial driver, the Federal Motor Carrier Safety Administration (FMCSA) prohibits all commercial drivers from using hand-held mobile devices.