Hands Free SC: Everything You Need to Know About the New Law

What is the Hands-Free and Distracted Driving Act?

The South Carolina Hands-Free and Distracted Driving Act took effect on September 1, 2025. This new law prohibits people who are operating a motor vehicle on any public highway from:

Holding or supporting, with any part of the body, a mobile electronic device.
Reading, composing, or transmitting any text, including but not limited to, text messages, emails, application interaction, or website information on a mobile electronic device.
Watching motion, including but not limited to videos, movies, games, or video calls on an electronic device.

South Carolina law (Section 56-5-3890) defines a mobile electronic device as “a cellular telephone, portable computer, GBP receiver, electronic game, or any substantially similar stand-alone device used to communicate, display, or record digital content.”

Drivers can still use earpieces and devices worn on the wrist for voice-based communication only.

Are There Exceptions to South Carolina’s Hands-Free and Distracted Driving Act?

The hands-free law does not apply if you are:

Lawfully parked or stopped
Using voice-based communication without holding the device
Reporting an accident, emergency, or safety hazard to public safety officials
Listening to audio such as music, navigation, podcasts, and other audio without holding the device
A first-responder performing official duties

What Are The Consequences for Distracted Driving in South Carolina?

For the first 180 days, law enforcement will only issue warnings to drivers violating the hands-free law (September 1, 2025 through Saturday, February 28, 2026). After that, drivers could face:

A $100 fine for the first offense
A $200 fine for second or subsequent offenses (within three years of prior offense) and two points on your license.

What Are The Distracted Driving Statistics in South Carolina?

This law is designed to help protect South Carolina residents and visitors on the road.

Every year in South Carolina, distracted/inattentive driving is a top contributing factor in over 20,000 collisions, according to the SCDPS. In addition, in South Carolina an average of 2 accidents per hour involve a distracted driver, per the SC DOI.

In 2023, distracted driving motor vehicle accidents killed 3,275 people in the US.

In 2022, according to national data:

Distracted driving was a contributing factor in 8% of fatal collisions, 12% of collisions resulting in injury, and 11% of police-reported accidents.
Distracted driving was linked to 3,308 fatalities and 289,310 injuries.
Distracted driving played a role in 621 non-occupant deaths, including pedestrians, bicyclists, and others.

Help Limit Distracted Driving

There are many ways in which you can limit distractions while behind the wheel, including but not limited to:

Put your phone away or on do not disturb
Avoid stressful communications with others in the car
Eat prior to starting the drive or while in park
Properly secure children and pets prior to beginning the drive
Keep your eyes on the road
If something else requires your attention, safely pull off to the side of the road.

Speak to a South Carolina Distracted Driving Accident Lawyer Today

If you were in a car accident, whether you suspect the at-fault driver was distracted or not, it is in your best interest to speak with a South Carolina car accident attorney. A lawyer can help you prove liability, value your claim, and fight to get you the full compensation you deserve.

Our distracted driving accident attorneys at Cavanaugh & Thickens, LLC offer free case evaluations to help you understand your options and rights under South Carolina law. With hundreds of 5-star reviews and millions in compensation recovered, we have your back throughout your case and beyond.

To speak with a reputable accident attorney for free today, simply contact our office at (803) 888-2200.

Additional Car Accident Resources

Author: Joseph O. Thickens

I’m Joe Thickens, and I’m a founder and personal injury attorney at Cavanaugh & Thickens, LLC. I primarily represent people who have been injured in car and truck accidents in Columbia and throughout the state of South Carolina. Our entire team is dedicated to getting accident victims the justice they deserve, including making sure they get compensated for all of the physical, financial, and emotional pain they’ve had to face as a result of an unexpected accident.

If you or a loved one has any questions following an accident, we’d be glad to help you understand your options under state law. We take great pride in our work and prioritize a great client experience. If you’d like more information, simply call our team at (803) 888-2200. We are available for you via phone 24/7.