Driving in South Carolina: Traffic Laws, DUI, and Penalties

The traffic laws for driving in South Carolina cover a points-based license system that suspends your driving privileges at 12 points, a 2025 hands-free phone law that bans holding a device at the wheel, tiered DUI penalties that begin at a 0.08% blood alcohol concentration, minimum liability insurance of 25/50/25, and specific rules on speed, seat belts, open containers, and yielding to emergency vehicles. Break one and the consequences range from a $25 seat belt ticket to jail time and a suspended license.

Insurance You Must Carry

Every vehicle registered in South Carolina has to be covered by a liability policy meeting these minimums:

  • $25,000 for bodily injury to one person in a single accident
  • $50,000 for bodily injury to two or more people in a single accident
  • $25,000 for property damage in a single accident

Those numbers are set by statute.1South Carolina Legislature. South Carolina Code 38-77-140 – Bodily Injury and Property Damage Limits; General Requirements On top of that, every auto policy in the state must include uninsured motorist coverage at the same bodily-injury limits, plus at least $25,000 for property damage with an allowable $200 deductible.2South Carolina Legislature. South Carolina Code Title 38 Chapter 77 – Automobile Insurance – Section 38-77-150 That extra coverage protects you if the driver who hits you has no insurance.

South Carolina is a fault-based insurance state. The driver who caused a crash is responsible for damages, and an injured person can file with the at-fault driver’s insurer, use their own policy, or sue if damages exceed the policy limits.

There is a narrow alternative: registering an uninsured vehicle by paying an annual fee to the SCDMV instead of buying a policy. The base fee is $550, adjusted upward each year by the Department of Insurance.3South Carolina Legislature. South Carolina Code 56-10-510 – Registration of Uninsured Motor Vehicle It provides no financial protection. Cause a crash and you pay for everything personally.

Speed Limits

Default speed limits vary by road type:4South Carolina Legislature. South Carolina Code 56-5-1520 – Maximum Speed Limits

  • 70 mph on interstate highways and freeways where posted
  • 60 mph on multilane divided primary highways where posted
  • 55 mph on other highways
  • 40 mph on unpaved roads
  • 30 mph in urban districts, defined as areas where buildings line the road at intervals of less than 100 feet for a quarter mile or more

Posted signs can set lower limits, and you are always expected to slow below the posted limit when weather, traffic, or road conditions make higher speeds unsafe.

The Hands-Free Law

South Carolina’s Hands-Free and Distracted Driving Act took effect September 1, 2025, and officers began writing citations on February 28, 2026. It is much broader than the old texting ban. You cannot hold or support a phone or other mobile device with any part of your body while driving.5South Carolina Department of Public Safety. Hands Free SC

While operating a vehicle you cannot:

  • Hold a phone or tablet for any reason
  • Read, write, or send texts, emails, or app content
  • Watch video, play games, or take video calls

Penalties are:6South Carolina Legislature. South Carolina Code 56-5-3890 – Unlawful Use of a Mobile Electronic Device While Operating a Motor Vehicle

  • First offense: $100 fine plus court fees
  • Second or subsequent offense within three years: $200 fine plus court fees, and two points on your driving record

Voice-activated and hands-free use is still legal. You can keep the phone on a dashboard mount, run navigation or music without touching it, and call to report an emergency. Drivers who are lawfully parked or stopped are also exempt. CDL holders have more at stake: a second qualifying violation within three years while operating a commercial vehicle can trigger a 60-day CDL disqualification.5South Carolina Department of Public Safety. Hands Free SC

Seat Belts and Child Restraints

Every driver and passenger must wear a seat belt on South Carolina roads. The driver is responsible for making sure anyone 17 or younger is buckled up or properly restrained.7South Carolina Legislature. South Carolina Code 56-5-6520 – Mandatory Use of Seat Belt

This is a primary offense, so an officer can pull you over just for spotting an unbuckled occupant. The fine is up to $25 per person, capped at $50 for a single stop. It is not a criminal offense, adds no points, and is not reported to your insurer.8South Carolina Legislature. South Carolina Code 56-5-6540 – Penalty; Nature of Violation

Child restraint rules step down by age and size:9South Carolina Legislature. South Carolina Code 56-5-6410 – Child Passenger Restraint Systems

  • Under 2: rear-facing car seat in the back seat until the child exceeds the manufacturer’s height or weight limits
  • Ages 2 to 4: forward-facing car seat with a harness
  • Ages 4 to 8, and under 57 inches tall: belt-positioning booster in the back seat, using both lap and shoulder belts
  • 8 or older, or at least 57 inches tall: adult seat belt if it fits properly

DUI

South Carolina has two DUI statutes and you can be charged under either or both. The first makes it illegal to drive while your ability is materially and appreciably affected by alcohol or drugs.10South Carolina Legislature. South Carolina Code 56-5-2930 – Operating Motor Vehicle While Under Influence of Alcohol or Drugs The second is a per se offense: driving with a BAC of 0.08% or higher, whether or not you show impairment.11South Carolina Legislature. South Carolina Code 56-5-2933 – Driving With an Unlawful Alcohol Concentration

Two groups face lower BAC thresholds. Commercial drivers hit disqualification at 0.04%, which triggers at least a one-year CDL disqualification on a first violation.12South Carolina Legislature. South Carolina Code 56-1-2110 – Disqualification Drivers under 21 face an automatic license suspension at 0.02%: three months for a first occurrence, or six months if there is a prior DUI or suspension on record.13South Carolina Legislature. South Carolina Code 56-1-286 – Suspension of License for Person Under Age Twenty-One

First-Offense Penalties by BAC

First-offense penalties for a per se DUI depend on how high your BAC was:11South Carolina Legislature. South Carolina Code 56-5-2933 – Driving With an Unlawful Alcohol Concentration

  • BAC 0.08% to under 0.10%: $400 fine or 48 hours to 30 days in jail. Community service may substitute for the 48-hour minimum.
  • BAC 0.10% to under 0.16%: $500 fine or 72 hours to 30 days in jail.
  • BAC 0.16% or higher: $1,000 fine or 30 to 90 days in jail.

Repeat offenses climb fast. A second offense within 10 years brings fines starting at $2,100 and at least five days in jail. A third offense starts at $3,800 and 60 days in jail, with the upper range extending to three or more years depending on BAC.11South Carolina Legislature. South Carolina Code 56-5-2933 – Driving With an Unlawful Alcohol Concentration

Implied Consent and Refusing the Test

By driving in South Carolina you are considered to have consented to chemical testing of your breath, blood, or urine if you are lawfully arrested for DUI.14South Carolina Legislature. South Carolina Code 56-5-2950 – Implied Consent to Testing for Alcohol or Drugs Before the test, the officer must activate video recording equipment and give you a written and verbal explanation of your rights and the consequences of refusing.

You can refuse, but refusal triggers an automatic license suspension: six months for a first refusal, nine months for a second, 12 months for a third. You may be able to enroll in the Ignition Interlock Device Program to end the suspension early.14South Carolina Legislature. South Carolina Code 56-5-2950 – Implied Consent to Testing for Alcohol or Drugs

Open Containers

Open containers of beer or wine cannot be anywhere in the vehicle except the trunk or luggage compartment while on a public highway. A violation is a misdemeanor punishable by a fine of up to $100 or up to 30 days in jail.15South Carolina Legislature. South Carolina Code 61-4-110 – Open Containers in Motor Vehicles There is an exception for vehicles legally parked at events like sporting games where law enforcement is on duty for traffic control.

Move Over for Emergency Vehicles

When you approach an emergency vehicle stopped on or near the road with its lights flashing, you have to slow down significantly. On a highway with at least four lanes, you also have to move over into a lane that is not next to the emergency vehicle. If you cannot safely change lanes, keep a safe speed for the conditions. Violating the move-over law is a misdemeanor called “endangering emergency services personnel,” carrying a $300 to $500 fine.

Points and License Suspension

Traffic tickets add points to your driving record, weighted by how risky the offense is. Some common ones:16South Carolina Legislature. South Carolina Code 56-1-720 – Point System Established; Schedule of Points for Violations

  • Speeding up to 10 mph over the limit: 2 points
  • Speeding more than 25 mph over the limit: 6 points
  • Reckless driving: 6 points
  • Distracted driving, second or subsequent offense: 2 points

Hit 12 points and your license is automatically suspended. Length depends on the total:17South Carolina Legislature. South Carolina Code 56-1-740 – Suspension of License Based on Points

  • 12 to 15 points: 3-month suspension
  • 16 to 17 points: 4-month suspension
  • 18 to 19 points: 5-month suspension
  • 20 or more points: 6-month suspension

You can knock four points off your total by completing an approved defensive driving course, but only once every three years.18South Carolina Legislature. South Carolina Code 56-1-770 – Points Reduced for Completing Defensive Driving Course The course has to be the National Safety Council’s Defensive Driving Course or an SCDMV-approved equivalent, and it has to be taken after the points were assessed.

If your license is suspended, a provisional license or a route-restricted license each costs $100 and allows limited driving during the suspension.19South Carolina Department of Motor Vehicles. License Reinstatement You also have the right to request a hearing to review your driving record before the suspension takes effect.

New Residents: The 45-Day Window

Move to South Carolina with a valid out-of-state license and you have 45 days to apply for a South Carolina license.20South Carolina Department of Motor Vehicles. Moving to SC – License The same 45-day clock applies to transferring your vehicle title and registration. Before the SCDMV will issue plates, you must pay personal property taxes on the vehicle at your county tax office; those taxes are paid a year in advance and renewed annually to get a new registration decal.