Earlier this year, the South Carolina legislature passed a new law limiting device usage behind the wheel. The new statute took effect on September 1st, 2025, and that means drivers are now prohibited from:
- Holding a device or supporting the device with any part of their body while driving
- Reading messages, typing or transmitting texts or emails, using apps, or visiting websites behind the wheel
- Watching videos, television, or similar content on a mobile device while driving
In particular, drivers should be aware of the scope of the first provision. While the statute is described as the Hands-Free and Distracted Driving law, the limitation on contact with devices goes beyond not being allowed to use your hands. For example, the law would be violated if a phone was tucked into your shoulder or even balanced on your lap while you were using it.
It’s also important to note that these prohibitions are generally construed broadly. For example, the list of types of messages a driver is prohibited from reading or sending while operating a motor vehicle is not comprehensive or exclusive.
Wasn’t Texting and Driving Already Illegal in South Carolina?
Yes, South Carolina has had a law prohibiting texting and driving since 2014. However, the activities prohibited were narrower. The previous version of the law contained just one prohibition:
It is unlawful for a person to use a wireless electronic communication device to compose, send, or read a text-based communication while operating a motor vehicle on the public streets and highways of this State.
The current law adds restrictions, such as the prohibition on holding the device and on watching videos.
When Can You Use a Mobile Device While Driving in South Carolina?
There are some exceptions that will allow a driver to use a mobile device in ways considered safer. for instance:
- The law does not apply if you are legally parked
- You may use your mobile device to report a traffic accident or a certain other emergencies, such as hazardous conditions or medical emergencies
- Mobile devices may be used in hands-free mode
- Mobile devices may be used for GPS navigation as long as the driver is not holding the device
- Devices may be used for audio content, such as audiobooks or music
Note that there is no exception for when your vehicle is stopped in traffic, such as at a red light or stop sign.
Penalties for Unlawful Mobile Device Use Behind the Wheel
Charleston drivers are getting a break in the early days. Since the statute changes existing law, law enforcement will only be issuing warnings for the first six months the statute is in effect. However, when that 180 days has expired, tickets will be issued.
The fine associated with a ticket and any other consequences will depend on circumstances such as whether it is your first offense and whether you hold a commercial driver’s license. Once the warning period ends, here’s what you can expect:
- A fine of $100 for a first offense
- A fine of $200 and two points on your driving record for any additional offense within a three-year period
For CDL holders, the consequences can be more serious. A violation of this statute is considered a serious offense for CDL disqualification purposes. That means two violations of this statute in a three-year period, or one violation along with another serious offense, could result in temporary disqualification.
How Does the New Law Impact Distracted Driving Accidents?
South Carolina drivers have always been under an obligation to operate their vehicles in a manner that is safe for others on the road and their property. So, a distracted driver is typically found to be at least partially responsible for a motor vehicle accident.
The new law may make it easier for victims of some distracted drivers to pursue damages, though. That’s because in South Carolina, violation of a traffic safety law is considered negligence per se. In other words, if you’re injured by a driver because they are breaking a safety law intended to protect people like you, you don’t have to prove that they were negligent–negligence is presumed if you can prove they violated the law.
In South Carolina, paying a traffic ticket is considered an admission of guilt. So, if the driver who hit you was ticketed for a violation of this statute and paid the ticket, it can be much easier to establish their liability. Since the revised statute contains a longer list of prohibited behaviors, this doctrine will apply in more situations.
An Experienced Charleston Car Accident Lawyer Can Help
If you’ve been injured by a distracted driver–whether or not the distraction involved texting–an experienced local Charleston car accident lawyer is the best source of information about your rights, possible responsible parties, and how to pursue fair compensation.
Attorney Frank Hartman has decades of experience fighting for injured South Carolina residents. To learn more about how The Hartman Law Firm can help, schedule a free consultation right now. Call us at 843-300-7/600 or fill out our contact form.