Skip to main content

What You Can and Cannot Do on Your Phone While Driving in South Carolina

By Viola Travers · Practical Services & Civic Guide

South Carolina's hands-free law and what it means for you

South Carolina prohibits drivers from holding a phone or electronic device while driving on any public road. You cannot text, email, browse, or hold the device in your hand for any reason — even at a red light. The law applies to all drivers, all the time, with limited exceptions for emergency calls and GPS navigation.

The rule is enforced as a primary offense, meaning a police officer can stop you solely for holding a phone. A first violation costs you a fine; a second or subsequent violation within three years carries a larger fine and possible points on your driving record.

Key Takeaways

  • You cannot hold or physically touch your phone while driving, even while stopped at a traffic light.
  • Hands-free devices — including Bluetooth headsets, dashboard mounts, and voice commands — are permitted and do not violate the law.
  • Emergency calls to 911 or law enforcement are allowed, as is using a GPS app mounted on your dashboard or windshield.
  • Fines start at $25 for a first offense and increase for repeat violations within three years, plus possible points on your license.
  • Drivers under 18 have stricter rules and cannot use phones for any purpose while driving, including hands-free calls.

What the law actually prohibits

South Carolina Code § 56-5-3890 makes it illegal to "hold" a wireless device while operating a vehicle on a public road. "Hold" means having the device in your hand or supporting it with any part of your body. This covers texting, emailing, social media, web browsing, taking photos, and any other handheld use.

The prohibition applies whether you are moving, stopped at a light, or in traffic. It does not matter whether you are reading, typing, or simply holding the phone — the act of holding it is the violation. The only exception for handheld use is a single emergency call to 911 or a law enforcement agency.

Drivers under 18 face a stricter rule: they cannot use a wireless device at all while driving, even hands-free. This includes phone calls, GPS, and music streaming — with the exception of emergency calls to 911.

What you can do instead

Any hands-free method is legal. This includes Bluetooth headsets, speakerphone, voice commands, and dashboard or windshield mounts that hold the phone where you can see it without picking it up. You can use voice-activated features to make calls, send messages, or navigate without touching the device.

If you mount your phone on the dashboard or windshield, you can glance at it for navigation or incoming call information without holding it. Many newer vehicles have built-in systems that mirror your phone's functions through the car's controls, steering wheel buttons, or voice activation — all of which comply with the law.

GPS navigation is permitted as long as you do not hold the phone. Set your route before you drive, or use voice commands to change directions while driving. If you need to adjust your route, pull over safely first.

Fines and penalties for violations

A first offense carries a fine of $25. A second violation within three years costs $50. A third or subsequent violation within three years results in a $100 fine. These are the base fines; court costs and other fees may be added depending on where you are cited.

Violations do not automatically add points to your driving record under South Carolina law, but a conviction can still affect your insurance rates. If you are cited, you have the right to contest the ticket in traffic court.

If you cause an accident while holding a phone, the violation can be used as evidence of negligence in a civil lawsuit or as an aggravating factor in criminal charges if someone is injured.

How police enforce the hands-free law

Officers can stop you based solely on seeing you hold a phone — they do not need to observe unsafe driving or an accident. This is called a primary offense, and it gives police the authority to initiate a traffic stop for the phone use alone.

In practice, enforcement varies by jurisdiction. Some police departments prioritize the law heavily; others focus on it mainly when it coincides with other violations. If you are stopped, the officer will typically ask to see your phone and may ask what you were doing with it.

You have the right to decline a search of your phone's contents. The officer can cite you based on observation of you holding the device, without needing to see what was on the screen.

Special rules for drivers under 18

Drivers with a learner's permit or intermediate license (under 18) cannot use a wireless device for any purpose while driving, including hands-free calls, GPS, or music. The only exception is an emergency call to 911. This restriction applies even if the device is mounted and the driver is using voice commands.

Once a driver turns 18 or obtains a full license, the standard hands-free rule applies instead — meaning hands-free use becomes legal, but handheld use remains prohibited.

What to do if you are cited

You will receive a ticket with a court date and fine amount. You have three options: pay the fine, request a court date to contest the citation, or request a payment plan if you cannot pay in full.

If you want to challenge the ticket, you can appear in traffic court and present your case to a judge. You might argue that you were not holding the phone, that you were making an emergency call, or that the officer's observation was mistaken. Bring any evidence — dashcam footage, witness statements, or phone records showing you were not using the device.

If you pay the fine without contesting it, you are accepting the violation. This does not add points in South Carolina, but it may affect your insurance rates depending on your provider.

Frequently Asked Questions

Can I hold my phone if I am parked or stopped at a red light?

No. The law prohibits holding a wireless device while operating a vehicle on a public road. Even if you are stopped at a light or in traffic, you are still operating the vehicle. You must wait until you have parked in a safe location and turned off the engine.

Is using GPS on my phone legal?

Yes, if you do not hold it. Mount the phone on your dashboard or windshield, set your route before you drive, and use voice commands to change directions. If you need to interact with the GPS, pull over safely first.

What counts as an emergency call?

Only calls to 911 or a law enforcement agency are considered emergency calls under the law. Calling a family member, your employer, or roadside assistance does not count as an emergency call, even if the situation feels urgent to you.

Do I have to show the officer my phone if I am stopped?

You can decline to let the officer search your phone's contents. However, the officer can cite you based on observation of you holding the device, without needing to see what was on the screen or in your apps.

Will a hands-free violation add points to my license?

South Carolina does not assign points for hands-free violations under the state's point system. However, the conviction may still affect your insurance rates, and it becomes part of your driving record.