Case Explained: South Carolina’s hands-free law to go into full effect – Legal Perspective

AIKEN — Starting this weekend, drivers throughout the state will be faced with fines for holding their phones while behind the wheel.  

In July 2025, a signing was held for bill H. 3276, the South Carolina Hands-Free and Distracted Driving Act. The new law, which prohibits holding mobile devices while operating a vehicle, will go into full effect this Saturday, Feb. 28. 

Under this law, refraining from texting isn’t enough. Simply holding a phone or any other electronic device while driving will carry a $100 fine on the first violation. 

Every subsequent violation will cost $200 and add two points to the violator’s driver’s license. 

The law first began being enforced on Sept. 1, 2025, kicking off a 180-day period in which warnings were issued to drivers holding their phones, tablets or electronic devices. 

This period has come to an end. 

“No more warning tickets,” read a Feb. 25 Aiken Standard article written by Rep. Bill Taylor, who has been fighting to establish such a law in South Carolina since 2017. “The 180-day ‘warning window’ ends at midnight Friday.”

According to Lt. Brittany Glover with the SC Department of Public Safety, this change is expected to reduce traffic incidents. “We will probably see a decrease in traffic fatalities and in collisions and injuries,” she said. “Distracted driving plays a part in collisions we have.” 

She added that it’s easy for law enforcement to spot a driver that is using or holding their phone. “When we see people looking down, that can be a key for us to stop them. We know they’re not looking at the road,” she said. 

Her recommendation is that people invest in vent clips or phone stands that can allow you to stay hands-free in your vehicle. Further, individuals will still be allowed to make on-the-road calls using the hands-free bluetooth mechanisms in their vehicles. 

According to the South Carolina Department of Public Safety, exceptions to the hands-free law are drivers who are lawfully parked or stopped, using a device in voice-activated or hands-free mode, using a mobile device for audio content like navigation, music or podcasts without holding it and reporting traffic accidents, hazardous conditions or medical emergencies. 

Additionally, law enforcement, firefighters and emergency medical personnel are exempt from the law while performing official duties.

The Department of Public Safety also shares that using a phone while driving is visually, manually and cognitively distracting, creating potentially dangerous situations.

“Remember, you cannot drive safely unless your full attention is on the act of driving,” an online statement reads. “Any non-driving activity you engage in while behind the wheel is a potential distraction and increases your risk of crashing, injury, and even death.”