Stiffer Penalties Coming for Distracted Drivers

After years of debate, legislation strengthening the state’s distracted driving laws has finally crossed the finish line. This week, Governor McMaster signed the distracted driving/hands-free bill (H.3276) into law, effective September 1, 2025.

Key provisions included in the bill are outlined below:

• Prohibits drivers from holding or supporting a mobile device to read/transmit messages/emails or to watch movies or videos while driving.
  • Includes several exceptions, including when a driver is stopped, communicating with the use of voice-based/hands-free technology, reporting an accident or emergency, and performing occupational duties.
• Increases penalties for distracted driving – $100 penalty for first offenses and $200 for subsequent offenses and a two-point violation.
• It prohibits law enforcement from stopping a driver unless they witness a driver using a device and have reasonable suspicion they are using it unlawfully.
• Includes provisions to require that warning tickets are issued for the first 180 days.

In recent years, efforts to strengthen distracted driving laws have repeatedly stalled. However, the Federal Motor Carrier Safety Administration’s threat to withhold federal highway funding unless South Carolina enacted a stronger law has motivated legislators to finally move this issue forward.

The bill aligns South Carolina with other states, and hopefully, these increased penalties will curtail drivers from being distracted by their mobile devices – and make our roads a little safer.