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Dash cam laws by state

Two completely different laws get merged into one question. Where you may mount the camera is vehicle equipment law, and getting it wrong risks a ticket. Whether it may record sound is privacy law, and in some states recording a conversation without everyone's consent is a criminal offense. The video is rarely the problem.

Jump to a section
The video
Rarely
Rarely the legal problem. Mounting position can be.
The audio
The risk
In some states, recording without all consent is an offense.
Simplest fix
Mute it
Most cameras let you disable sound and keep the picture.
This page
Not advice
Check your own state. This explains what to look for.

Key takeaways

  • They are two separate questions. Mounting is equipment law. Recording sound is privacy law. Different statutes, different consequences.
  • The audio is where people get into trouble. Several states require the consent of everyone to the recording of a private conversation.
  • Turning the microphone off solves most of it. The picture is what matters in a collision, and the sound is what carries the risk.
  • Footage you already have is usually still worth keeping. Whether it can be used is a question for a lawyer, not a reason to delete it.
Editorial content, not legal advice

This guide is written and reviewed by our editorial team to be accurate and current. It is general information, not legal advice, and reading it does not create an attorney-client relationship. This matters more here than on most of our pages: recording a conversation without the consent the law requires can be a criminal offense in some states, and nothing on this page should be relied on in place of checking the rules where you live. We publish no fifty-state table for that reason. We are a referral service and are paid by attorneys.

01 Why there is no fifty-state table here

Quick answer

Because this subject genuinely does vary between states, which is exactly why an unverified table would be dangerous rather than merely unhelpful. A wrong row could lead somebody into a criminal offense.

On our other state pages the reason for declining a table was that the rules barely differ. Here the reasoning is the opposite and considerably more serious.

Tables of dash cam laws by state circulate widely and most are compiled by camera retailers and law firms rather than from statutes. We could not verify fifty rows to the standard used elsewhere on this site, so we have not published any.

You need the answer for one state, your own. Section six explains how to find it, and that is a better use of ten minutes than any table.

02 Two different laws, not one

Quick answer

Almost every confused conversation about this merges them. Where the camera sits is governed by vehicle equipment rules about obstructing the driver's view. Whether it may capture sound is governed by privacy and eavesdropping law. They have nothing to do with each other.

Equipment law

Where the camera may be mounted

Vehicle codes commonly restrict what may be attached to a windshield, on the basis that it obstructs the driver's view. Some states carve out specific exemptions for recording devices in defined positions.

Worst case: a citation, often correctable.
Privacy law

Whether it may record sound

Recording a private conversation is governed by eavesdropping and wiretapping statutes. Some states require only one participant to consent. Others require everyone present to consent, which includes passengers who may not know the camera is running.

Worst case: a criminal offense, and civil liability.

That asymmetry is the single most useful thing on this page. People worry about the mount, which risks a fix-it ticket, and give no thought to the microphone, which in some states carries the serious consequence.

03 Where you may mount it

Quick answer

It depends on the state, and the pattern to look for is an exemption from the general prohibition on obstructing the windshield. One state's approach is worth setting out in detail, not because it applies to you, but because it shows what these provisions look like.

Here is a worked example, with its provenance stated openly because the provenance matters.

A worked example, and note its date
A seven-inch square, or a five-inch square outside the airbag zone
California Legislature, Assembly Bill 1942, 2009 to 2010 regular session, as introduced 17 February 2010

The Legislative Counsel's Digest records that Existing law prohibits any person, except as specified, from driving any motor vehicle with any object or material placed, displayed, installed, affixed, or applied in or upon the vehicle that obstructs or reduces the driver's clear view through the windshield or side windows. It states that the bill would additionally exempt from these provisions a video event recorder that has the capability of monitoring driver performance, which may be mounted in a 7-inch square in the lower corner of the windshield farthest removed from the driver or in a 5-inch square in the lower corner of the windshield nearest to the driver and outside of an airbag deployment zone. Read the bill

Two cautions about that quotation, both important. It is the introduced version of a bill from 2010 rather than current codified text, so the provision as enacted and since amended may read differently. And it is California, which binds nobody anywhere else. We quote it because it is the only government source for these dimensions retrieved while writing this page, and because it illustrates the structure to look for in your own vehicle code: a general prohibition on obstruction, with a specific carve-out for recording devices.

Do not rely on these dimensions. They are an example of a form of rule, from one state, from a 2010 bill. Look up your own state's current provision.

04 The audio question, which is the dangerous one

Quick answer

Consent. Some states require only one party to a conversation to consent to it being recorded, which the person running the camera satisfies. Others require everyone present to consent, and a passenger who does not know the camera records sound has not consented to anything.

This is where an ordinary driver can commit an offense without ever intending to, and it is barely discussed in the material written about these cameras.

  • One-party consent is the easier position. Where it applies, the driver's own consent generally covers a conversation the driver is part of.
  • All-party consent is the trap. Every participant must consent, which includes passengers, and a camera running silently in the corner has not asked anyone.
  • The concept is usually a confidential or private communication. A conversation in a closed car with the windows up is a much stronger candidate for that than one shouted across a car park.
  • Telling people is the practical answer. A visible notice in the vehicle, or simply saying it, changes the position in a way silence does not.

California is often cited as an example of the harder position, on the basis that its Penal Code contains a provision requiring the consent of all parties to the recording of a confidential communication. We are stating that carefully and it is worth explaining why. We did not retrieve that statute while writing this page, so both the description above and its wording rest on secondary sources rather than on the provision itself. We have therefore not quoted it, and you should not treat our characterization of any state’s criminal law as a substitute for reading it. It appears here to show that the harder position exists somewhere, not to tell you what California currently requires.

The simplest way to remove this risk entirely is to turn the microphone off. Most cameras allow it, and in a collision the picture is what matters.

05 Footage you already have

Quick answer

Keep it. Whether a recording is admissible, and whether any part of it creates a problem for you, is a question for a lawyer looking at the actual facts. Deleting it because you are unsure is a decision you cannot reverse.

Our guide to evidence to preserve covers what happens to footage generally, including how quickly other people's recordings disappear.

  • Preserve the original file. Not a copy sent through a messaging app, which strips the data that makes it credible.
  • Do not edit it. Trimming a clip to the interesting part invites an argument about what was removed.
  • Note where the camera was and when the clock was last set. Both come up when footage is challenged.
  • Tell your lawyer it exists, including anything awkward on it. Footage discovered by the other side is worth far less to you than footage your own lawyer knew about.

The first days after a serious crash are dealt with on our guide to what to do after a catastrophic accident, which covers what is genuinely urgent.

06 How to check your own state

Quick answer

Two searches, because there are two laws. One in the vehicle code for windshield obstruction and any recording device exemption, one in the criminal code for eavesdropping or wiretapping and the consent it requires.

Every state publishes its own code online for free, which is the same route our other state guides recommend.

  • For the mount, search your vehicle code for windshield obstruction. Then look for an exemption covering video or recording devices and the positions it names.
  • For the audio, search for eavesdropping or wiretapping. The question you need answered is whose consent is required, one party or all of them.
  • Read the provision, not a summary of it. A rule quoted without its section number cannot be checked, and this is a subject where being roughly right is not good enough.
  • If anything is unclear, ask somebody licensed there. The cost of a wrong answer here is not a lost argument. It is potentially a charge.

Our research section applies the same standard to every figure and provision it publishes.

07 Red flags

Quick answer

A page treating the whole subject as one question, a fifty-row table with no statutes cited, advice that dash cams are simply legal everywhere, and anybody telling you to delete footage.

The last one is the most damaging and the easiest to spot.

How guidance on this subject goes wrong

One question instead of two. Mounting and recording are separate laws with separate consequences, and merging them hides the one that matters. A table with no citations. Rows compiled from other websites, on a subject where a wrong entry can lead to an offense. Legal everywhere. The cameras are widely lawful; recording sound without required consent is a different matter entirely. No mention of passengers. In all-party states they are participants whose consent is needed, and they are the people most often overlooked. Advice to delete anything. Whether footage helps or hurts is a legal judgment, and destroying it creates its own problem.

A closing note on what this page is for. It exists to replace one bad question with two good ones. Anybody searching dash cam laws by state wants a single answer, and there is not one: there is an equipment rule and a privacy rule, and they live in different parts of the code with very different consequences for getting them wrong. If a camera captured your crash, our guide to choosing a truck accident firm covers finding somebody who will do something with it.

How we vet every lawyer

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  • Active, discipline-free license

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  • Licensed where it happened

    Recording rules and everything else about the claim turn on the law of that state.

  • Moves on footage immediately

    Other people's recordings overwrite in days, and nobody is notified when yours is gone.

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Help in all 50 states

MVA Lawyer Network is a nationwide guide. Wherever it happened, we can connect you with an independent attorney licensed in that state.

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This is a subject where the state genuinely decides the answer, which is why this page explains a structure rather than stating a rule. Whether a windshield-mounted device is permitted and in what position, whose consent is required before a conversation may be recorded and what counts as confidential, whether a recording made without required consent is admissible or excluded, what penalties attach to recording without consent, and how footage is authenticated before it can be relied on all vary. Nothing here is a statement about the law where you live, and none of it indicates whether any claim has merit or what it might be worth. The deadline for bringing a claim, known as the statute of limitations, is running now.

Sources, and what we would not quote

A short list, and an unusually long note about what is missing from it.

The one government source retrieved

  • California Legislature, Assembly Bill 1942, 2009 to 2010 regular session, as introduced 17 February 2010. Source of the Legislative Counsel's Digest quoted in section three, describing the existing prohibition on objects obstructing the driver's clear view and the proposed exemption for a video event recorder mounted in a seven-inch square in the lower corner of the windshield farthest from the driver or a five-inch square in the lower corner nearest the driver and outside an airbag deployment zone. California Legislature.

Why that source carries a warning rather than a citation alone. It is the introduced version of a bill from 2010, not current codified text, so the provision as enacted and subsequently amended may differ. We quote it because it was the only government source for these dimensions retrieved during this build and because the structure it shows, a general prohibition with a specific carve-out, is what a reader should look for in their own state. The same discipline was applied on our workers compensation guide, which quotes a 2009 enrolled bill and says so.

What we described rather than quoted, and why that is a weaker claim than it looks. California is referred to as an example of a state requiring the consent of all parties, and its provision is neither quoted nor cited to a section. That is because we did not retrieve the statute during this build at all: both the existence of the provision as we have described it and its wording rest on secondary sources. Paraphrasing the effect of a criminal statute is defensible. Presenting somebody else's summary as statutory language is not, particularly on a page where a reader might act on it.

What we deliberately did not publish at all. There is no list of which states require the consent of all parties. Such lists are everywhere and we retrieved no primary source for one. On a subject where recording without required consent can be a criminal offense, a single wrong entry in a table would be worse than publishing nothing, and a reader needs only one state's answer anyway. Section six explains how to get it.

A note on the other state pages. Our statistics by state, most dangerous highways and trucking laws by state guides also decline to tabulate fifty rows, but for a different reason: there the underlying material barely varies, or was not verifiable. Here it genuinely varies, and that is precisely what makes an unverified table hazardous rather than merely unhelpful.

Our editorial standards

How we keep this guide accurate and worth trusting.

01

We separate the two laws

Mounting and recording are different statutes with very different stakes.

02

We date the source we quote

A 2010 introduced bill is labeled as one, in the body and in the sources.

03

We did not quote a criminal statute secondhand

Only secondary wording was available, so we described its effect instead.

04

We send you to your own state

Repeatedly, because on this subject a general answer can be a harmful one.

Michael Mangione, Legal Research Editor
Michael Mangione Verified editor
Legal Research Editor · Founder, The Mangione Group, Inc.

MVA Lawyer Network is edited by Michael Mangione, who has spent more than twelve years working inside contingency-based law firms, building intake departments, designing qualification frameworks, and studying how claims are screened and pursued from the first call through resolution. People buy these cameras to protect themselves and then worry about the sticker on the windshield. The microphone is the part with a criminal statute attached to it.

Common questions, answered

General information, not legal advice. On this subject in particular, check the rules where you live rather than relying on a general page.

Are dash cams legal?

The cameras themselves are widely lawful, but that is the wrong question because it merges two separate laws. Where you may mount one is vehicle equipment law, and mounting it badly generally risks a citation. Whether it may record sound is privacy law, and in states requiring everyone's consent to a recording, capturing a conversation without it can be a criminal offense. Section two separates the two.

Why is the audio the risky part?

Because eavesdropping and wiretapping statutes attach real penalties, and in all-party consent states every participant in a conversation must consent to it being recorded. A passenger who has not been told the camera captures sound has not consented to anything. The driver bought the camera and knows it is there; the passenger may not, and that gap is where the offense sits.

How do I avoid the problem entirely?

Turn the microphone off. Most cameras allow audio to be disabled while video keeps running, and in a collision the picture is what establishes what happened. If you want the sound, tell people: a visible notice in the vehicle or simply saying it out loud changes the position in a way a silent camera does not. Both are simpler than working out where your state sits.

Why do you not list all fifty states?

Because here the rules genuinely differ, and a wrong row could lead somebody into a criminal offense rather than merely misinforming them. We could not verify fifty rows from statutes while writing this, so we published none. That is a stricter position than we take on subjects where the underlying rules barely vary, and the difference in stakes is the reason.

Is the California example in section three current law?

No, and we say so beside the quotation. It is the introduced version of a bill from 2010, published by the California Legislature, and the provision as enacted and later amended may read differently. We used it because it was the only government source for those dimensions we retrieved, and because it shows the structure to look for: a general prohibition on obstructing the windshield with a specific carve-out for recording devices.

Can dash cam footage be used in my claim?

Usually it is valuable, and whether a particular recording is admissible depends on how it was made and the rules where the case sits. Keep the original file rather than a copy sent through a messaging app, do not edit it, and tell your lawyer it exists including anything on it you would rather nobody saw. Footage the other side discovers first is worth far less to you.

Should I delete footage if I am not sure it was lawful?

No. Whether a recording helps or hurts is a legal judgment about actual facts, and destroying evidence creates a separate problem that can be worse than whatever was on it. Keep it, say nothing about it publicly, and raise it with a lawyer licensed where the crash happened. A question about admissibility is answerable; a deleted file is not recoverable.

Do I have to pay anything up front?

Injury firms generally work on a contingency basis, meaning the fee is a percentage of what is recovered set out in the written agreement and there is nothing to pay up front. Case costs, meaning experts and records and filing fees, are a separate item from the fee, and the agreement should say plainly who carries them and what happens to them if the case does not succeed.

Is what I tell you private?

Yes. What you share in a case review is kept private and is used only to match you with an attorney who fits your situation. One distinction is worth understanding: true legal confidentiality, called attorney-client privilege, only attaches once you actually have an attorney-client relationship with a lawyer. Submitting a form to a referral service is not the same thing. If that matters to you, raise it directly with the attorney.

What does it cost to use MVA Lawyer Network?

Nothing. We are a free, independent referral service, not a law firm, and we do not give legal advice. Requesting a case review costs you nothing and puts you under no obligation. When a situation fits, we connect you with an independent attorney who reviews it directly, and we may be paid a referral fee by that attorney. That fee does not add anything on top of their percentage.

Everybody worries about the windshield. The microphone is the one with a statute.

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