More and more drivers today are using a camera mounted on their vehicle to record what happens around them on the road. This is known as a dash cam. Dash cams are legal in every state, though specific laws about their use—what they’re permitted to record, where they may be mounted, whether their footage is admissible as evidence in court, and other issues—will vary.
How does a dash cam work?
A dash cam can record continuous footage that is either stored locally on a memory card in the device or to the cloud. Some dash cams record activity inside the car, also.
Drivers like dash cams because they can sometimes provide evidence that would otherwise not be admissible in court, could be hearsay, or could not be proven. Whether you’re looking for compensation from insurance or in court after an accident, it’s hard to refute the evidence of how an accident happened when it’s captured on video. Some people also use dash cam footage to contest a traffic ticket or demonstrate that a traffic stop was unwarranted.
5 Reasons to get a dash cam
- Document an accident. Capturing footage of a crash can prove who was at fault and could defend against fraudulent claims.
- Protect against insurance fraud. If you’re the victim of a staged accident or other fraudulent situation, dash cam can help hold the responsible parties liable.
- Peace of mind. You might feel safer knowing you have a record of what happens on the road. Some parents of teenage drivers like to be able to “peep” their teen’s driving habits to ensure they’re driving safely and obeying traffic laws.
- Avoid traffic tickets. If you were wrongly cited, you might be able to present dash cam footage in court to dispute the ticket.
- Security against physical loss. Some dash cams have a parked vehicle mode that continues to record when you’re not driving. That can take footage of break-ins, vandalism, or other incidents that could happen to a parked car.
Consent laws for audio recording
Audio recording—sometimes in the form of wiretapping, also could be direct recording in person, or on dash cams or other surveillance devices—is subject to certain laws regarding privacy and consent.
Like traffic laws, laws for when it is legal to record a conversation also vary by state and sometimes by circumstance. Some states require single-party consent, which means a recording can be admissible if one person on the audio is aware they are being recorded. Other states require all-party consent, which means every person recorded on the video must give consent to being recorded.
There are exceptions, however. In-person conversations in public areas would not have a reasonable expectation of privacy. For example, if you’re gossiping with a neighbor while standing in the supermarket aisle and your conversation is captured on the market’s surveillance video, it could be admissible in court (if there were a legal issue for which it was relevant) because you do not have an expectation of privacy in the supermarket.
There are some states where recording someone without their consent is punishable by imprisonment and fines.
In general, the best practice is that if you plan to record audio in your car, you should inform all passengers that they’re being recorded. Only record audio for a legitimate purpose, like for safety reasons or insurance. Finally, be mindful of privacy concerns, particularly if a conversation could include sensitive information.
State laws for dash cams
If you’re planning on using a dash cam, it’s important to know the specific laws for your state. Most have laws about where and how they are mounted, whether single- or all-party recording is permitted, and rules about how and when they may be admissible as evidence in court.
Below is a list of most applicable state rules regarding dash cam use. However, laws are subject to change anytime, so it’s important to verify your state laws regularly.
| State | Mounting laws | Audio recording laws | Used as evidence? |
|---|---|---|---|
| Alabama | Must be on dashboard, illegal on windshield, cannot obstruct driver’s view | All-party consent required | Video generally legal in public places, dash cam footage can be used as evidence. |
| Alaska | Must not obstruct driver’s view. Fewer than 5 square inches on driver’s side; 2”x2” permitted; 3”x3” illegal | Single-party consent likely | |
| Arizona | Must be on dashboard, illegal on windshield, cannot obstruct driver’s view. Screen size up to 5” on driver’s side or 7” square on passenger side. | Single-party consent required | Infractions of placement could result in a ticket, plus liability for an accident. Footage is usually admissible in court. |
| Arkansas | Must be behind rearview mirror, must not obstruct driver’s view. | Single-party consent required | Infractions of placement could result in a ticket. Footage is usually admissible in court. |
| California | Must not obstruct driver’s view. No more than 5 square inches on upper center of windshield or 7 square inches in lower right corner. Cannot be mounted where airbags deploy. | All-party consent required | Driver must notify passenger about the presence of a dash cam, especially if recording audio. Recording data belongs to the driver; footage admissible in court if not tampered with. |
| Colorado | Must not obstruct driver’s view, reflect glare or cause distraction. Preferred placement behind rearview mirror or center of windshield near the top. Not permitted on reflective surfaces. | Single-party consent required | Police may not seize a dash cam during a traffic stop without a subpoena. Generally admissible in court, but some local ordinances have additional restrictions. |
| Connecticut | Must not obstruct driver’s view. It is illegal to have an opaque object on the windshield, must be mounted on dashboard. | All-party consent required | Generally admissible as evidence if legally obtained. |
| Delaware | Dashboard mount only without obstructing the driver’s view. | All-party consent required | |
| Florida | Must not obstruct the driver’s view. | All-party consent required | Passengers must be informed about audio or video recording. Generally admissible as evidence if authenticated. Can be accepted as evidence by insurance companies for claims. |
| Georgia | Dashboard mount only without obstructing the driver’s view. | All-party consent required | Generally admissible as evidence unless the camera was illegally placed. |
| Hawaii | Top or bottom corners of windshield, limited to 5 square inches. Must not interfere with airbag deployment or create safety hazards. | Single-party consent likely | Generally admissible if obtained legally. |
| Idaho | Recommended placement behind rearview mirror; must not obstruct driver’s view. | Single-party consent required | Generally admissible if obtained legally; some exceptions for private settings without consent. |
| Illinois | Must be on driver’s side of dashboard, cannot obscure more than 5 square inches of windshield; must not unreasonably obscure driver’s view. | All-party consent required | Legal to record on-duty police officers in public. Generally admissible in court and for insurance if compliant with state laws. Identifiable information should be redacted or blurred. |
| Indiana | Bottom corner of windshield on passenger side only; must not obstruct driver’s vision. No larger than 4” square. | Single-party consent required | Generally admissible if obtained legally; must have proper placement and compliance with state laws. |
| Iowa | Recommended placement behind rearview mirror; must not obstruct driver’s view. | Single-party consent required | Generally admissible if obtained legally and without violating privacy laws; must have proper placement. |
| Kansas | May be on either dashboard or windshield, must not substantially obstruct driver’s view. | Single-party consent required | Generally admissible if obtained legally; must not obstruct driver’s view. |
| Kentucky | Should not obstruct driver’s view. | Single-party consent required | Generally admissible if obtained legally; must not obstruct driver’s view. |
| Louisiana | Must not obstruct driver’s view. | Single-party consent likely | Passengers should be notified of recording; police may only acquire footage with owner’s consent. Footage can be used for court cases and insurance claims. |
| Maine | May be on either windshield or dashboard as long as it does not obstruct the driver’s view. | Single-party consent required | Generally admissible if obtained legally; exemptions for required truck equipment. |
| Maryland | Must be above AS-1 line or higher than 5” below the top of the windshield and must not obstruct driver’s view. | All-party consent required | Legal if video is of a public interaction, but illegal to secretly record a private conversation. It is legal to record on-duty police officers. Footage usually admissible in court and for liability, but it is illegal to delete or alter footage of an accident. |
| Massachusetts | Illegal on windshield. Must be on dashboard without obstructing driver’s view. | All-party consent required | Legal in public spaces, illegal to secretly record private conversations. Admissible in court with proper foundation, driver should inform passengers if recording audio. |
| Michigan | Illegal on windshield, must be on dashboard and may not obstruct driver’s view. Must not interfere with airbag deployment. Exceptions: Large trucks, truck tractors, buses, hazardous waste vehicles. |
All-party consent required | Legal for public interactions. Generally admissible as evidence for lawsuits and insurance if properly authenticated. Driver should inform passengers, especially if recording audio. |
| Minnesota | Must be immediately behind, or slightly below or above the rearview mirror. Illegal to mount on the dashboard. | Single-party consent required | Usually admissible if obtained legally. |
| Mississippi | Must not obstruct driver’s view. | Single-party consent required | Usually admissible if obtained legally. |
| Missouri | No regulations. Recommended to obstruct less than 5-inch square on driver’s side. | Single-party consent required | Usually admissible if obtained legally. |
| Montana | Illegal on windshield, recommended on dashboard. Must not obstruct driver’s view. | Single-party consent required | Usually admissible if obtained legally. |
| Nebraska | Cannot be directly on windshield. Recommended on dashboard. | Single-party consent required | Usually admissible if obtained legally. Obtain consent for audio recording in order to ensure it will be admissible. |
| Nevada | Must be in bottom passenger-side corner of windshield or on dashboard. Must not obstruct driver’s view. | All-party consent required | Usually admissible if obtained legally and if all parties were informed if audio was recorded. |
| New Hampshire | Illegal on front windshield, must be on dashboard. Rear cameras permitted | All-party consent required | Usually admissible if obtained legally. |
| New Jersey | Must not be on windshield or anywhere that obstructs driver’s view. Recommended on dashboard. | Single-party consent required | Usually admissible if obtained legally. Inform passengers about audio recording to ensure compliance and admissibility. |
| New Mexico | Recommended near rearview mirror, bottom right corner of windshield on the passenger side, or on dashboard. | Single-party consent required | Usually admissible if obtained legally. |
| New York | Must not obstruct driver’s view, cause a distraction, or interfere with airbag deployment. | Single-party consent required | Usually admissible if obtained legally. Inform passengers about audio recording to ensure compliance and admissibility. |
| North Carolina | No specific laws. Should not obstruct driver’s view or interfere with airbag deployment. | Single-party consent required | Usually admissible if obtained legally. Police may seize dash cams as evidence during an accident investigation, and footage could be used either for or against the owner. |
| North Dakota | Illegal on windshield, must be on dashboard. All windows to be clear of dash cams, stickers, posters or other obstructions. | Single-party consent required | Usually admissible if obtained legally. |
| Ohio | Illegal on windshield, must not obstruct driver’s view. Recommended on dashboard. | Single-party consent required | Usually admissible if obtained legally. Should inform passengers about audio recording. Police dash cam footage is included as public record, though some segments could be redacted. |
| Oklahoma | Illegal on windshield, must not obstruct driver’s view. Recommended on dashboard. | Single-party consent required | Usually admissible if obtained legally. |
| Oregon | Must be on dashboard; illegal on windshield or other windows. | All-party consent required | A judge has discretion on admissibility in court; audio should be disabled if passengers are not informed, pursuant to consent laws. |
| Pennsylvania | Must be on dashboard; illegal on windshield or other windows. Must not obstruct driver’s view. The dash cam screen must not be visible to the driver while driving. | All-party consent required | Usually admissible if recorded legally; audio should be disabled if passenger are not informed. There are different regulations for police vehicles. |
| Rhode Island | No restrictions, as long as it doesn’t obstruct the driver’s view. | All-party consent required | Usually admissible if recorded legally, but avoid recording in areas where there is an expectation of privacy. |
| South Carolina | Must be on dashboard; illegal on windshield or other windows. Must not obstruct driver’s view. | Single-party consent required | Usually admissible if recorded legally; police or other parties may request or subpoena footage, and footage could be used either for or against the owner. |
| South Dakota | Must be on dashboard; illegal on windshield or other windows. Must not obstruct driver’s view. | Single-party consent required | Usually admissible if recorded legally. |
| Tennessee | Must be on dashboard; windshield is illegal. Must not obstruct driver’s view. | Single-party consent required | Usually admissible if recorded legally. Should inform passengers if audio is being recorded. |
| Texas | Must not obstruct driver’s view through windshield, side windows or rear window. Should not interfere with airbag deployment. | Single-party consent required | Usually admissible if recorded legally. Should inform passengers if audio is being recorded. |
| Utah | May be mounted on top of windshield, not more than 4” down or in lower left corner, not more than 4” out. May be on dashboard. Rear-view cameras may be installed. | Single-party consent required | Usually admissible if recorded legally. |
| Vermont | May be on windshield in lower right-hand corner and must be fewer than 4” tall and 12” long; can be in upper left-hand corner, no more than 2” high and 2.5” long. | Single-party consent required | Usually admissible if recorded legally. |
| Virginia | May not obstruct driver’s view in windshield or windows. Recommended behind rearview mirror, in lower corner of windshield, or on dashboard. Screens should not be visible to the driver while driving. | Single-party consent required | Usually admissible if recorded legally. Permitted in public areas or when there is no reasonable expectation of privacy. |
| Washington | Must not obstruct driver’s view; cannot obscure more than 5” square on driver’s side or 7” square on passenger’s side. | All party consent required. | Usually admissible if recorded legally. Passengers should be informed about audio recording to comply with consent laws. It is illegal to record a private conversation without consent. |
| West Virginia | Illegal on windshield; must be on dashboard and may not obstruct the driver’s view. | Single-party consent required | Usually admissible if recorded legally. |
| Wisconsin | May not be on windshield, except behind the rearview mirror. May not be where windshield wipers clean; dashboard is recommended. | Single-party consent required | Usually admissible if recorded legally. |
| Wyoming | May not obstruct driver’s view. Dashboard is recommended. | Single-party consent required | Usually admissible if recorded legally. |
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