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Is Texting and Driving Illegal in SC? All About the Hands Free Law

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Chris Carsten
  • Managing Attorney & CEO of Armada Law
  • Over 10 Years of Experience in Personal Injury
  • Graduated from Georgia State University: JD (Juris Doctor) in 2013

Texting and driving is a growing concern in South Carolina and across the country. Distracted driving leads to accidents, injuries, and even fatalities. While many states have adopted strict hands-free laws, South Carolina’s approach has been more limited, focusing mainly on banning texting while driving. However, lawmakers are now considering more onerous restrictions to improve road safety.

Drivers who take their eyes off the road, even for a few seconds, risk causing dangerous situations. Whether checking notifications, replying to a message, or making a call, any distraction can lead to serious consequences. Understanding the state’s current laws and potential changes can help drivers avoid fines and accidents.

Texting and Driving Laws in South Carolina

South Carolina had a law that banned texting while driving, but drivers were still allowed to hold their phones for calls, navigation, or other uses. The old law only restricted drivers from manually sending or reading messages while behind the wheel, so many drivers still kept their phones in their hands while driving.

Is South Carolina a hands-free state? The state has made a significant change by passing one of the strictest distracted driving laws in the country. Starting September 1, 2025, all handheld phone use while driving is banned. Drivers can no longer talk on their phones while holding them. They are not allowed to scroll through apps or even rest the device on their lap. Manually searching for directions or reading messages is also prohibited.

The goal of this South Carolina texting law is to reduce accidents caused by distractions. It’s worth noting that drivers can still use Bluetooth or hands-free features for calling and navigation, but they must avoid physical contact with their phones while driving. Of course, if a driver is legally parked or needs to report an emergency, phone use is allowed.

It took a while for this law to take effect. After repeated warnings from the Federal Motor Carrier Safety Administration, South Carolina faced the risk of losing up to $80 million in highway funding if it did not enact a hands-free law. That pressure led lawmakers to act. Governor Henry McMaster signed the Hands-Free Driving Act into law on May 12, 2025.

Drivers have until September 1 to adjust. Until then, officers will issue warnings instead of tickets, allowing people time to change their habits. Once the law takes full effect, South Carolina will join many other states in banning handheld phone use while driving.

Penalties and Fines for Texting and Driving Violations

Breaking South Carolina’s hands-free driving laws comes with consequences—a first offense results in a minor fine. However, repeat violations within three years lead to hefty penalties and points added to the driver’s license. Having points on a license can impact the offender’s motor vehicle insurer, often increasing the cost of insurance. The points are tracked by the South Carolina Department of Motor Vehicles (SCDMV).

Law enforcement officers now have the authority to stop drivers solely for violating SC hands-free driving rules. There is no need for additional reasons, meaning officers can issue citations according to the SC hands-free driving rules as a primary offense. However, even though police officers have this authority, they cannot search or take a driver’s phone without a warrant issued by the court.

Some drivers may be surprised to learn that simply resting a communication device in their lap or using a personal digital assistant while operating a motor vehicle can be enough to violate the law. Even when making hands-free calls, the phone must be mounted or used in a way that does not obstruct the driver’s clear view of the road.

These rules were put into effect to improve public safety, decrease reckless driving, and prevent accidents caused by distractions. The Department of Motor Vehicles tracks one or more violations of this law. Drivers who continue to ignore these laws could face stricter penalties in the future.

Crashed car is getting towed away

How Distracted Driving Affects Road Safety in South Carolina?

The South Carolina distracted driving law was created to reduce these risks. When a driver is focused on a communication device instead of the road, their reaction time slows. This can lead to sudden stops, missed turns, or failing to see obstacles ahead. Public safety officials report that driving while distracted contributes to many crashes in the state, resulting in injuries, damage, and fatalities.

Several studies have shown that even a couple of seconds of distraction can be dangerous when drivers take their eyes off the road, even briefly, their ability to react to sudden changes in traffic drops significantly.

Law enforcement officers patrol roads to catch distracted drivers and issue citations. The Department of Public Safety tracks violations and maintains statistical information about accidents caused by distractions. Violations of SC hands-free driving rules often lead to fines and points on a driver’s license. These penalties encourage safer driving and help prevent reckless driving behavior.

By enforcing strict regulations, South Carolina aims to improve road safety and reduce accidents. Avoiding distractions and following the law is essential for keeping drivers, passengers, and pedestrians safe.

Steps To Take After an Accident

No one expects to be involved in a crash, but accidents can happen when drivers are distracted. If you find yourself in a traffic collision, knowing what to do next can make a difference in how the situation unfolds.

First, check for injuries. If anyone involved needs medical help, call for emergency assistance immediately. Even if injuries seem minor, it is best to let public safety officials evaluate the situation.

Next, call law enforcement officers to report the accident. A police officer will assess what occurred based on statements from drivers and witnesses. They may ask for details about the incident, such as whether distracted driving played a role.

Taking photos of the accident scene can help with obtaining related traffic records for insurance purposes. If the accident was caused by a texting and driving illegal SC violation, having documentation may be helpful in legal matters later. South Carolina is not a no-fault state, which means that in the event of an accident, the driver found responsible is held liable for damages rather than relying on their insurance coverage.

Once the police officer completes their report, drivers should exchange information, including insurance details. The Department of Motor Vehicles recommends that drivers gather necessary documentation to avoid complications when filing a claim with the offender’s motor vehicle insurer.

If the accident leads to legal concerns, contacting a car accident lawyer in Greenville may be necessary. Some cases involve custodial arrest, court costs, or potential claims related to reckless driving. Knowing your rights can help ensure a fair resolution.

Tips for Avoiding Distractions While Driving

Preventing accidents starts with staying focused while operating a motor vehicle. Many distractions can pull attention away from the road, but small changes in behavior can help drivers stay alert and safe.

One of the easiest ways to prevent distracted driving is to minimize distractions. For example, if you need directions, you should set up a global positioning system device (GPS) before starting the trip. Drivers who enter directions while moving increase their risk of missing traffic signals or colliding with other vehicles. By programming the route ahead of time, attention remains on driving.

Putting cell phones away while driving also helps avoid temptation. Many accidents occur because drivers reach for an electronic device without realizing how much attention they lose at that moment. Using hands-free features or waiting until lawfully parked to check a text message is a smarter choice.

Another important tip is to avoid multitasking while driving. Eating, adjusting the radio, or using additional devices inside the vehicle can all be distractions. Keeping both hands on the wheel and eyes on the road improves safety.

Legal Assistance for Texting and Driving Charges from Armada Law

At Armada Law, we understand that receiving a citation under South Carolina’s texting law can be frustrating and confusing. Whether you are accused of violating SC hands-free driving rules or facing penalties for distracted driving, navigating the legal process on your own can be overwhelming. That is where we come in.

If you believe you were wrongly accused, Armada Law is here to fight for you. In some cases, a police officer’s clear misinterpretation of the law can lead to unfair charges. In such cases, having experienced legal representation can make all the difference. We analyze criminal records maintained in South Carolina, review the circumstances of the citation, and build a strong defense to protect your rights.

Our team stays updated on resolutions adopted by the House Judiciary Committee and any changes in local ordinances that affect enforcement. If penalties increase or new rules come into effect, we ensure our clients receive the most current legal guidance. We also help drivers contest charges related to distracted driving, working to reduce fines and prevent lasting consequences on their records.Do not let a distracted driving citation negatively impact your future. Armada Law specializes in South Carolina traffic law and is committed to helping drivers fight unfair tickets. If you need legal support, contact us today to discuss your case and learn about your options.

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