Effective September 1, 2025, South Carolina’s new Hands-Free and Distracted Driving Act makes it illegal to hold a phone while driving.
The law expands prior texting restrictions and creates a new “distracted driving” offense with fines and license points for repeat violations. If you received a ticket—or were in a crash where distracted driving is alleged—Strom Law Firm can help you understand your options and protect your record.
Quick Facts (2025)
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You may not hold or support a phone or other mobile electronic device while operating a vehicle. South Carolina Legislature Online
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First 180 days after 9/1/2025: warnings only; after that, citations begin. South Carolina Legislature Online
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Penalties: $100 (first offense); $200 and two points for a second/subsequent offense within three years. South Carolina Legislature Online
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Enforcement limits: an officer must have a clear, unobstructed view of unlawful device use; no custodial arrest, search, or device seizure solely for this violation. South Carolina Legislature Online
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CDL drivers: repeat violations can trigger CDL consequences under federal “serious offense” rules. scdps.sc.gov
What the New Law Prohibits
Under Act No. 40 (H.3276), drivers may not:
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Hold or support a mobile electronic device (e.g., phone, tablet, portable computer, GPS unit).
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Read, compose, or transmit texts, emails, app interactions, or website information.
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Watch motion/video (movies, games, video calls) while operating a vehicle. South Carolina Legislature Online
Legal Exceptions
It is not a violation when you are:
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Lawfully parked or stopped (e.g., at the curb, in a parking space).
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Using voice-activated or hands-free functions (including OEM/infotainment controls).
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Initiating/ending a call without typing while not holding the device.
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Unlocking a device solely to use allowed functions.
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Reporting an accident, hazard, or emergency.
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A first responder on duty. South Carolina Legislature Online
Penalties, Points & the Warning Period
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Grace period: For the first 180 days after Sept 1, 2025, officers issue warnings only. After the grace period, tickets may be written. South Carolina Legislature Online+1
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First offense: $100 fine (not suspendable).
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Second or subsequent offense (within 3 years): $200 fine (not suspendable) + two points on your driving record. South Carolina Legislature Online
Note: Accumulating points can lead to license consequences; SCDPS notes 12 points triggers a suspension in South Carolina. scdps.sc.gov
How Is the Law Enforced?
The statute limits enforcement to protect drivers’ rights:
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An officer must have reasonable suspicion based on a clear, unobstructed view that you’re unlawfully using a device while driving.
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The offense cannot be the sole basis for a custodial arrest, vehicle/person search, or device seizure. South Carolina Legislature Online+1
South Carolina DOT will also install interstate signage notifying motorists, and DPS will publish stop/citation demographics annually for transparency. South Carolina Legislature Online
Common Defenses & How We Help
Depending on the facts, potential defenses may include:
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Not “operating” or lawfully stopped when the alleged use occurred.
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Hands-free/OEM use or emergency reporting applies.
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No clear view / misidentification (e.g., wallet or other object mistaken for a phone).
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Insufficient evidence (e.g., no body-cam or dash-cam corroboration).
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CDL considerations: minimizing downstream employment/insurance impacts.
Our South Carolina Traffic Ticket Lawyers have handled thousands of moving violations in magistrate and municipal courts statewide. We work to protect your record and insurance—and, where appropriate, negotiate reductions or dismissals. Traffic Ticket Defense » | Criminal Defense » | DUI Defense » stromlaw.com+2stromlaw.com+2
Hands-Free Law & Car Accident Claims
In crash cases, insurers may argue that unlawful device use shows negligence. If you’ve been injured—or accused of causing a collision—speak with our Car Accident Team before you talk to insurers. We investigate phone-use allegations, obtain video and EDR data, and pursue the full compensation you deserve. Car Accidents » stromlaw.com
What to Do if You’re Pulled Over
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Be respectful and provide license, registration, and proof of insurance.
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Do not consent to search of your phone or vehicle based solely on a hands-free stop.
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Ask about the basis for the stop (what the officer saw).
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Document details immediately after (location, time, statements, witnesses).
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Call Strom Law Firm: (803) 252-4800 for a free case review.
Disclaimer: This page is for information only and not legal advice. Outcomes depend on specific facts and courts.
Frequently Asked Questions
Is holding my phone in my lap legal?
No. The law bans holding or supporting a device with any part of your body while operating a vehicle. Use a mount or built-in controls. South Carolina Legislature Online
Can I tap my screen to start a call or navigation?
Yes, if you’re not holding the device and you’re not typing—brief interactions to initiate or end a call or navigation are allowed. South Carolina Legislature Online
What if I’m stopped at a red light?
The statute allows use when lawfully parked or stopped; be mindful that rolling/stopped-in-traffic nuance can be disputed—when in doubt, wait or use voice controls. South Carolina Legislature Online
Will a second ticket add points?
Yes. A second or subsequent offense within 3 years adds 2 points. South Carolina Legislature Online
Can an officer search my car or phone for this?
No. A hands-free violation cannot be the sole basis for a search, device seizure, or custodial arrest. South Carolina Legislature Online
Call Strom Law Firm Today
If you received a hands-free or distracted driving ticket—or you’re dealing with a crash where phone use is alleged—we’re here to help.
Call (803) 252-4800 or contact the Strom Law Firm online for a free consultation.