SC’s New Hands-Free Driving Law

Each year, South Carolina’s legislative session brings legal changes that affect everyday people across the state. In this multi-part series, criminal defense lawyer Erin Bailey breaks down what’s new, what it means, and how it could impact you.

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Holding your phone while driving? That will soon be illegal in SC.

Beginning this fall, South Carolina drivers will be subject to a new hands-free and distracted driving law that significantly tightens restrictions on electronic device use behind the wheel.

As of September 1, 2025, it will be illegal to hold or support a mobile phone, gaming device, GPS unit, or portable computer while operating a motor vehicle. The law is clear: if it’s in your hand - or even resting on your lap - you’re in violation.

This new legislation aims to curb distracted driving statewide, but it also introduces a layered set of rules and exceptions that drivers need to understand.

What You Can and Can’t Do

Under the law, drivers are prohibited from reading, composing, or sending text messages or emails while driving. Operating apps, watching videos or video calls, and playing games are also off-limits. Even glancing at a movie or livestream can land you a citation.

However, the law does carve out certain exceptions. Hands-free communication via voice-activated texting or calling is still permitted, as is the use of earpieces, smartwatches, and any factory-installed equipment that came with your vehicle. 

Navigation systems and music streaming apps are also allowed - but only if you’re not physically interacting with the device while driving.

The law doesn’t apply when you’re legally parked or fully stopped, such as at a red light. It also exempts emergency calls, digital dispatch systems used for work, and device use by first responders in the line of duty.

Penalties and Enforcement

Drivers found in violation of the hands-free law will be charged with distracted driving. 

• A first offense carries a $100 fine. 

• For second or subsequent offenses, the fine increases to $200 and includes two points on your license.

Of importance, this law also limits how law enforcement can interact with drivers during a stop for distracted driving. Officers must have reasonable suspicion and a clear, unobstructed view of the alleged violation before initiating a stop.

Additionally, the law prohibits law enforcement from arresting someone solely for distracted driving. Officers cannot search, seize, or demand access to your device as part of enforcing this law. They also cannot search your person, your vehicle, or any passengers based solely on a distracted driving stop.

That said, if other factors during a stop provide probable cause - for example, evidence of impaired driving or illegal activity - those rules still apply.

When the Law Takes Effect

While the law goes into effect on September 1, 2025, it includes a 180-day grace period during which law enforcement will issue warning tickets only. Formal enforcement, including fines and points, begins on March 1, 2026.

This law represents a significant shift in how South Carolina approaches distracted driving - and now is the time to shift gears.

Consider investing in a hands-free phone mount, and get familiar with the built-in voice or Bluetooth features in your vehicle.

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Follow @erinbaileylaw for more legal updates and insight following the May 2025 legislative sessions.

Have questions about this law or distracted driving charges in general? Get in touch with Erin Bailey Law’s criminal defense team today.