Last Updated on January 2, 2025
For some reason, it seems everyone has heard that it is illegal to drive barefoot. Sometimes, the person spreading these rumors claims it’s an infraction. Other times, they may even say it’s a misdemeanor under the state’s reckless driving laws. But if you’re hoping you can go shoeless behind the wheel, go ahead and slip off your slip-ons because there’s nothing illegal about driving barefoot.
Is it Against the Law to Drive Barefoot?
It is legal to drive barefoot in every single state of the U.S., including California. Drivers regularly go barefoot in San Diego because they are prone to removing sandy shoes worn at the beach or on hot, sweaty days.
Driving without shoes is legal. However, it could still cause you to get a negligent (not reckless) driving citation if it caused you to get into an accident. You could only be cited, though, if the officer at the accident scene believes that your shoelessness somehow caused the crash. The same thing could happen if you were changing the station on your radio when an accident occurred.
An officer could issue a negligent driving ticket any time someone drives in a dangerously negligent manner. Simply being barefoot wouldn’t be enough to get a citation of this type —you would have to be doing something dangerous while barefoot. For example, you could be cited for lifting the pedal with your toes or itching the bottom of one foot with the other’s toes.
The activity most likely to result in your getting ticketed for driving barefoot would be removing your shoes while driving.
Is it Legal to Ride a Motorcycle Barefoot?
Interestingly, while driving barefoot is legal throughout the U.S., one state prohibits the activity while riding a motorcycle. In Alabama, you can be cited for operating a motorcycle with bare feet.
Though this activity may be legal in California, it still isn’t advisable. Riding while barefoot could be a disaster if you got into a motorcycle accident.
The Safety Hazards of Barefoot Driving
Some people claim that driving without shoes is dangerous, but there is no evidence that this is true. Bare feet could hypothetically make braking more challenging, and sweaty feet could potentially slide off the pedal. However, there are no statistics on the dangers of driving barefoot vs. doing so while wearing shoes.
There are certainly times when driving barefoot could be dangerous. For example, unworn shoes on the driver’s side floor could slide under the pedals. But going shoeless is certainly safer than driving in other types of footwear, such as flip flops, slippers, platform heels, or high heels.
If Driving Barefoot Isn’t Reckless Driving, What Is?
Reckless driving occurs when someone operates a vehicle in a manner that shows a wanton or willful disregard for the safety of persons or property. Essentially, the behavior has to be dangerous and purposeful. That definition is a little vague —and that’s intentional to ensure the law can apply in any appropriate situation.
Examples of reckless driving include:
- driving on the sidewalk
- swerving into an oncoming lane
- purposefully ignoring traffic lights or stop signs
This driving offense is usually a misdemeanor charge that can result in jail time. However, if someone is injured as a result of this crime, it could be charged as a felony.
Other Clothing-Related Driving Questions
While it is legal to drive barefoot, there are some things you can be busted for wearing while driving. Here are some common fashion choices that may or may not be legal behind the wheel:
Is it Legal to Drive Without a Shirt?
In California, men can drive topless all they want, but women who choose to bear their breasts while driving could potentially face indecent exposure charges. However, a woman cannot be charged simply for driving topless.
Under the indecent exposure laws, someone can only be charged if they show their genitals for sexual gratification or to offend others. So, if a woman could be charged, she flashed her breasts to flirt with or anger someone. On the other hand, a woman could legally drive topless if no one could see whether she had a shirt on and she was not doing so with sexual or offensive intent.
Can You Drive With Headphones in Your Ears?
California Vehicle Code section 27400 (VC) says you cannot legally drive with headphones in both ears because these devices block out important sounds around you, such as emergency vehicles, car horns, and the voices of pedestrians. However, you can drive with a single headphone in one ear if you want to listen to music. There are also exceptions for:
- Persons who have hearing problems and require the use of hearing aids
- Construction workers using heavy equipment
- Garbage collectors using safety earplugs
- Emergency vehicle drivers
- People who use noise-blocking devices to protect their ears while driving, as long as they can still hear horns and sirens
While driving without shoes is not illegal, there are plenty of other ways to run afoul of the law than just going barefoot. If you have any questions about motor vehicle rules in California, please call lawyer Peter M. Liss. You can schedule a free consultation by calling (760) 643-4050.
