Driving in South Carolina: DUI, Speed, and Insurance Rules

South Carolina traffic laws cover speed, phones, seat belts, alcohol, insurance, and more, and the state enforces them through a points system that can suspend your license after as few as 12 points. The rules below are the ones most likely to affect you behind the wheel, along with what each violation actually costs.

Speed Limits

Default speed limits in South Carolina depend on the type of road.¹

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, meaning areas where buildings line the road at intervals of less than 100 feet for a quarter mile or more

Posted signs can lower those limits, and you are always expected to slow down below the posted limit when weather, traffic, or road conditions call for it. Speeding adds points to your record: two points for up to 10 mph over, and six points for more than 25 mph over.

Hands-Free Phone Law

South Carolina’s Hands-Free and Distracted Driving Act took effect on September 1, 2025, and law enforcement began issuing citations on February 28, 2026. The law goes well beyond the old texting ban. You cannot hold or support a phone or other mobile device with any part of your body while driving.²

While operating a vehicle, you are prohibited from:

Holding a phone or tablet for any reason
Reading, writing, or sending texts, emails, or any app content
Watching video, playing games, or participating in video calls

Penalties are a $100 fine plus court fees for a first offense, and $200 plus two points on your record for a second or subsequent offense within three years.³ Voice-activated and hands-free use is still allowed, as is listening to navigation or music without touching the device, and calling to report an emergency. Drivers who are lawfully parked or stopped are also exempt. For CDL holders, a second qualifying violation within three years while operating a commercial vehicle can trigger a 60-day CDL disqualification.²

Seat Belt and Child Restraint Rules

Every driver and every passenger must wear a seat belt. The driver is responsible for making sure anyone 17 or younger is buckled up or properly secured in a child restraint.⁴

Seat belt violations are a primary offense, so an officer can pull you over for that reason alone. The fine is up to $25 per unbuckled person, capped at $50 for a single stop. The violation is not a criminal offense, carries no points, and is not reported to your insurer.⁵

Child restraint rules go by age and size:⁶

Under 2: rear-facing car seat in the back seat, used 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: belt-positioning booster seat in the back seat, with both lap and shoulder belt
8 or older, or at least 57 inches: standard adult seat belt if it fits properly

DUI and Implied Consent

South Carolina has two separate DUI statutes. One makes it illegal to drive while your ability is materially and appreciably affected by alcohol or drugs.⁷ The other creates a per se offense for driving with a BAC of 0.08% or higher, whether or not you appear impaired.⁸ You can be charged under either or both.

Lower BAC limits apply to some drivers. Commercial drivers face CDL disqualification of at least one year on a first violation at 0.04% or higher.⁹ Drivers under 21 face an automatic license suspension of three months at 0.02% or higher, or six months if there is a prior DUI or suspension on record.¹⁰

First-Offense Penalties

Under the per se statute, a first conviction is tiered by BAC:⁸

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

Second and third offenses rise sharply. A second offense within 10 years starts at $2,100 and five days in jail. A third starts at $3,800 and 60 days, with upper ranges reaching three years or more depending on BAC.⁸

Chemical Testing and Refusal

By driving in South Carolina, you have consented in advance to chemical testing of your breath, blood, or urine if you are lawfully arrested for DUI.¹¹ Before testing, the officer must activate video recording 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, and 12 months for a third. Enrolling in the Ignition Interlock Device Program may end the suspension early.¹¹

Open Container Law

You cannot keep an open container of beer or wine anywhere in a vehicle on a public highway except in the trunk or luggage compartment. The offense is a misdemeanor, with a fine of up to $100 or up to 30 days in jail.¹² Vehicles legally parked at events like sporting games where law enforcement is on duty for traffic control are exempt.

Move-Over Law

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 changing lanes isn’t safe, keep a safe speed for the conditions. Violating this rule is a misdemeanor called endangering emergency services personnel, carrying a fine of $300 to $500.

Insurance You Must Carry

Every vehicle registered in the state must carry liability insurance 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 figures are set by statute.¹³ Every policy must also include uninsured motorist coverage at the same bodily injury minimums plus $25,000 for property damage, with an allowable $200 deductible.¹⁴

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

There is a narrow alternative to buying a policy: you can register an uninsured vehicle by paying an annual fee to the SCDMV. The base fee is $550 and is adjusted upward each year by the Department of Insurance.¹⁵ The fee does not buy you any coverage. If you cause an accident or get hurt in one, you are personally liable for everything.

Points and License Suspension

Traffic convictions add points to your driving record. A few common assessments:¹⁶

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

Reach 12 points and your license is suspended automatically. Suspension length rises with the total:¹⁷

12 to 15 points: 3 months
16 to 17 points: 4 months
18 to 19 points: 5 months
20 or more points: 6 months

You can knock four points off your total by completing an approved defensive driving course, but only once every three years.¹⁸ It must be the National Safety Council’s Defensive Driving Course or an SCDMV-approved equivalent, and you have to complete it after the points were assessed.

If Your License Gets Suspended

The SCDMV offers limited ways to keep driving during a suspension. A provisional license or a route-restricted license each costs $100 and permits driving under specific conditions.¹⁹ You also have the right to request a hearing to review your driving record before the suspension takes effect, which is often your best first move once a suspension notice arrives.

1
South Carolina Legislature. South Carolina Code 56-5-1520 – Maximum Speed Limits
2
South Carolina Department of Public Safety. Hands Free SC
3
South Carolina Legislature. South Carolina Code 56-5-3890 – Unlawful Use of a Mobile Electronic Device While Operating a Motor Vehicle
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South Carolina Legislature. South Carolina Code 56-5-6520 – Mandatory Use of Seat Belt
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South Carolina Legislature. South Carolina Code 56-5-6540 – Penalty; Nature of Violation
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South Carolina Legislature. South Carolina Code 56-5-6410 – Child Passenger Restraint Systems
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South Carolina Legislature. South Carolina Code 56-5-2930 – Operating Motor Vehicle While Under Influence of Alcohol or Drugs
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South Carolina Legislature. South Carolina Code 56-5-2933 – Driving With an Unlawful Alcohol Concentration
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South Carolina Legislature. South Carolina Code 56-1-2110 – Disqualification
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South Carolina Legislature. South Carolina Code 56-1-286 – Suspension of License for Person Under Age Twenty-One
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South Carolina Legislature. South Carolina Code 56-5-2950 – Implied Consent to Testing for Alcohol or Drugs
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South Carolina Legislature. South Carolina Code 61-4-110 – Open Containers in Motor Vehicles
13
South Carolina Legislature. South Carolina Code 38-77-140 – Bodily Injury and Property Damage Limits; General Requirements
14
South Carolina Legislature. South Carolina Code Title 38 Chapter 77 – Automobile Insurance – Section 38-77-150
15
South Carolina Legislature. South Carolina Code 56-10-510 – Registration of Uninsured Motor Vehicle
16
South Carolina Legislature. South Carolina Code 56-1-720 – Point System Established; Schedule of Points for Violations
17
South Carolina Legislature. South Carolina Code 56-1-740 – Suspension of License Based on Points
18
South Carolina Legislature. South Carolina Code 56-1-770 – Points Reduced for Completing Defensive Driving Course
19
South Carolina Department of Motor Vehicles. License Reinstatement