South Carolina is the 33rd state to go hands-free for drivers. As of September 1, 2025, SC drivers must be completely hands free.
Our experienced Greenville car accident lawyer at Bobby Jones Law explains everything you need to know about the SC hands-free law.
What is the new South Carolina hands free law?
The South Carolina Hands-Free and Distracted Driving Act prohibits holding an electronic device while operating a motor vehicle, even if the device is not being used. The old law prohibited only texting and driving, but now, even holding a phone, tablet, or other electronic device is prohibited.
There are some exceptions.
The law amends the previous texting while driving ban, found in S.C. Code § 56-5-3890.
What the New South Carolina Hands-Free Law Says
The law is written broadly for what it prohibits. The law bans watching motion, reading, composing, or transmitting a message. It also prohibits holding or supporting a device with any part of the body.
Parked or stopped
The law doesn’t apply if the driver is parked or stopped. But the law doesn’t explain exactly what it means to be parked or stopped.
Penalties for Violating the SC Hands-Free and Distracted Driving Law
A first violation of the new SC hands-free and distracted driving law is an infraction, punishable by a $100 fine. A second violation is punishable by a $200 fine and two points on the driving record.
There is a three-year lookback period for prior offenses. A fine may not be suspended.
Warnings, then fines
For the first 180 days the law is in effect, law enforcement will only give warnings. After that, they may issue fines.
Which Devices and Actions Are Banned Under the Law?
The new SC hands-free law covers:
- Phones
- Tablets, iPads
- Readers
- Video players
- Laptops
- Electronic games
- iPods and MP3 players (manual inputs)
- Other mobile devices
Is wearing an earpiece or Bluetooth okay under the new SC hands-free law?
Yes. It’s okay to talk on the phone under the new SC hands-free law using an earpiece or Bluetooth. You may not hold or support a connected phone or other device. It must be completely voice-activated for hands-free operation.
Is it okay to use a smartwatch under the new SC hands free law?
Yes. You can use a smartwatch under the new SC hands free law if it’s voice-based, and you don’t have to touch the watch to call or give commands.
Is it okay to use navigation or GPS under the new SC hands free law?
Yes. It’s okay to use navigation voice commands or GPS under the new SC hands-free law if you don’t need to touch or hold your device.
What if the device is in the center console or mounted? Then can I use it to text, send a message, or email?
No. The law covers both holding a device and using it to communicate. Inputting information into a device while it’s mounted or in a cupholder is a violation.
Exceptions to the SC hands-free law
There are some exceptions to the SC hands-free law. You can use a device for:
- Reporting an emergency, including a medical emergency
- Reporting a hazardous condition
- Firefighters, police officers, and other emergency responders in their official duties
- Navigation, directions, and to get road conditions, hands free
- Music or podcasts, hands free
- FCC testing and official occupational duties
It is okay to use your mobile device if you are lawfully parked or stopped.
Can a passenger use a mobile device in SC?
Yes. The SC hands-free law applies only to drivers. Passengers can use mobile devices.
CDLs and the SC Distracted Driving Crackdown
The SC distracted driving crackdown is especially serious for commercial drivers. For CDL holders, texting while driving or any hands free offense is a serious traffic violation. Two serious offenses in three years result in a 60-day CDL suspension.
Serious offenses may be combined, so the other offense can be for something unrelated, such as speeding or improper lane change.
A third or subsequent violation in three years results in a 120-day CDL suspension.
SC Goes Hands-Free for Drivers
With the new hands-free law, South Carolina joins most U.S. states in banning the holding of a mobile device while driving. As of September 2025, Montana is the only state with no statewide ban on texting, but some local laws apply in parts of Montana. The other 49 states and Washington, DC, ban either texting or holding a mobile device while driving.
State differences
In 2025, most states will require drivers to be hands-free. However, there are still some significant state differences, such as whether enforcement is primary or secondary.
You must follow the law in the state where you are driving.
How the Law Affects Drivers in Greenville and Beyond
For law enforcement to stop a driver for a hands-free violation in SC, the officer must have reasonable suspicion that a violation occurred. They must have had a clear and unobstructed view of the person unlawfully holding a device while driving.
The police cannot search, seize, or forfeit a mobile device because of a violation of the SC hands free law. They may not arrest a person for violating the SC hands free law, except if the person doesn’t appear in court or fails to pay their fine.
What Happens If You’re in an Accident Caused by a Distracted Driver?
If you’re in an accident caused by a distracted driver, you may qualify to receive compensation. Being distracted may make the driver at fault for the accident.
To receive compensation, you must bring a claim. You may bring a claim regardless of whether the driver received a ticket and paid a fine. You may have a lawyer represent you.
Contact an Experienced Greenville Car Accident Lawyer
Bobby Jones Law helps victims of distracted drivers get compensated. If you or a loved one is hurt, contact us to talk to an experienced Greenville car accident lawyer and get help today.
