South Carolina driving laws
The rules your permit test asks about, in plain English. Each one is quoted from South Carolina’s statutes or an official SCDMV page. Handbooks are often years out of date, so where the law has changed we follow the law.
Checked October 2, 2026.
The short version
- Alcohol and drugs (DUI)
- It is illegal to drive in South Carolina with a BAC of 0.08% or more, or while materially and appreciably impaired.
- Seat belts and child seats
- In South Carolina the driver and every occupant must wear a seat belt, and police can stop you for a belt violation they clearly see.
- Speed limits
- Unless signs say otherwise, the South Carolina limit is 30 mph in urban districts and 55 mph elsewhere (40 mph on unpaved roads).
- School buses
- Drivers from either direction must stop for a school bus stopped with flashing red lights and wait until it moves or the red lights stop.
Phones and texting
Under South Carolina's Hands-Free and Distracted Driving Act, no driver may hold or support a phone with any part of the body, or read, type or send texts or watch video, while driving. Hands-free calls, navigation and audio are allowed if the phone is not held.
Official wording (3 sources)
“hold or support, with any part of the body, a mobile electronic device. This provision does not prohibit the use of an earpiece or device worn on a wrist to conduct voice-based communication;”
scstatehouse.gov“read, compose, or transmit any text including, but not limited to, a text message, email, application interaction, or website information on a mobile electronic device;”
scstatehouse.gov“for a first offense, must be fined one hundred dollars, no part of which may be suspended; (b) for a second or subsequent offense, must be fined two hundred dollars, no part of which may be suspended, and must have two points assessed against his motor vehicle operating record.”
scstatehouse.gov
Alcohol and drugs (DUI)
It is illegal to drive in South Carolina with a BAC of 0.08% or more, or while materially and appreciably impaired. Drivers under 21 lose their license at 0.02%, and commercial drivers are disqualified at 0.04%. Refusing a test brings an immediate 6-month suspension for a first refusal.
Official wording (6 sources)
“It is unlawful for a person to drive a motor vehicle within this State while his alcohol concentration is eight one-hundredths of one percent or more.”
scstatehouse.gov“for a first offense, by a fine of four hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days.”
scstatehouse.gov“For a first offense, a person shall enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941, end the suspension, and obtain an ignition interlock restricted license pursuant to Section 56-1-400. The ignition interlock device is required to be affixed to the motor vehicle for six months.”
scstatehouse.gov“(a) six months for a person who refuses to submit to a test pursuant to Section 56-5-2950; or”
scstatehouse.gov“a person under the age of twenty-one who drives a motor vehicle and has an alcohol concentration of two one-hundredths of one percent or more.”
scstatehouse.gov“A person who drives a commercial motor vehicle in this State with an alcohol concentration of four one-hundredths of one percent or more must be disqualified from driving a commercial motor vehicle under Section 56-1-2110.”
scstatehouse.gov
Seat belts and child seats
In South Carolina the driver and every occupant must wear a seat belt, and police can stop you for a belt violation they clearly see. Children under 8 ride in a rear-facing seat, forward-facing harness seat or booster seat in a rear seat until they fit an adult belt (age 8 or 57 inches).
Official wording (5 sources)
“The driver and every occupant of a motor vehicle, when it is being operated on the public streets and highways of this State, must wear a fastened safety belt which complies with all provisions of federal law for its use.”
scstatehouse.gov“A law enforcement officer must not stop a driver for a violation of this article except when the officer has probable cause that a violation has occurred based on his clear and unobstructed view of a driver or an occupant of the motor vehicle who is not wearing a safety belt”
scstatehouse.gov“An infant or child under two years of age must be properly secured in a rear-facing child passenger restraint system in a rear passenger seat of the vehicle until the child exceeds the height or weight limit allowed by the manufacturer”
scstatehouse.gov“A child at least four years of age who has outgrown his forward-facing child passenger restraint system must be secured by a belt-positioning booster seat in a rear seat of the vehicle until he can meet the height and fit requirements for an adult safety seat belt”
scstatehouse.gov“A child at least eight years of age or at least fifty-seven inches tall may be restrained by an adult safety seat belt if the child can be secured properly by an adult safety seat belt.”
scstatehouse.gov
Move Over law
When you approach a stopped emergency vehicle (including police, fire, ambulance, rescue, recovery and tow vehicles responding to an incident) with flashing lights, slow down significantly and, on a highway with at least two lanes your way, move to a lane not next to it if safe; if you cannot change lanes, keep a safe reduced speed.
Official wording (4 sources)
“A person driving a vehicle approaching a stationary authorized emergency vehicle that is giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights, or amber or yellow warning lights shall proceed with due caution, significantly reduce the speed of the vehicle, and:”
scstatehouse.gov“yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle; or”
scstatehouse.gov“maintain a safe speed for road conditions, if changing lanes is impossible or unsafe.”
scstatehouse.gov“"Authorized emergency vehicle" means any ambulance, police, fire, rescue, recovery, or towing vehicle authorized by this State, county, or municipality to respond to a traffic incident.”
scstatehouse.gov
School buses
Drivers from either direction must stop for a school bus stopped with flashing red lights and wait until it moves or the red lights stop. You may not pass a bus showing amber lights. On a multi-lane highway (at least two lanes each way), oncoming traffic need not stop.
Official wording (4 sources)
“The driver of a vehicle meeting or overtaking from either direction a school bus stopped on a highway or private road must stop before reaching the bus where there are in operation on the bus flashing red lights”
scstatehouse.gov“The driver of a vehicle must not overtake a school bus which has amber visual signals actuated.”
scstatehouse.gov“The driver of a vehicle need not stop upon meeting a stopped school bus when traveling in the opposite direction on a multi-lane highway or multi-lane private road.”
scstatehouse.gov“For the purposes of this section a multi-lane highway or multi-lane private road is a highway or private road that consists of four or more traffic lanes, having at least two traffic lanes traveling in each direction.”
scstatehouse.gov
Speed limits
Unless signs say otherwise, the South Carolina limit is 30 mph in urban districts and 55 mph elsewhere (40 mph on unpaved roads). Up to 60 mph is allowed on posted multilane divided primary highways and up to 70 mph on posted interstates and freeways.
Official wording (4 sources)
“seventy miles an hour on the interstate highway system and other freeways where official signs giving notice of this speed are posted;”
scstatehouse.gov“sixty miles an hour on multilane divided primary highways where official signs giving notice of this speed limit are posted;”
scstatehouse.gov“fifty-five miles an hour in other locations or on other sections of highways and unpaved roads are limited to the speed of forty miles an hour; and”
scstatehouse.gov“Thirty miles an hour is the maximum speed in an urban district. "Urban district" means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses”
scstatehouse.gov
After a crash
If a crash injures or kills anyone, notify the local police, county sheriff or Highway Patrol immediately. If a crash with injury, death or $1,000 or more in damage was not investigated by police, the driver or owner must send a written report with proof of insurance to the SCDMV within 15 days.
Official wording (2 sources)
“accident resulting in injury to or death of any person shall immediately by the quickest means of communication, whether oral or written, give notice of such accident to the local police department if such accident occurs within a municipality, otherwise to the office of the county sheriff or the nearest office of the South Carolina Highway Patrol.”
scstatehouse.gov“total property damage to an apparent extent of one thousand dollars or more which was not investigated by a law enforcement officer, within fifteen days after the accident, shall forward a written report and verification of liability insurance coverage of the accident to the Department of Motor Vehicles”
scstatehouse.gov
Insurance
South Carolina requires liability insurance of at least $25,000 per person and $50,000 per crash for bodily injury and $25,000 for property damage. Policies must also include uninsured motorist coverage at least equal to these limits.
Official wording (2 sources)
“twenty-five thousand dollars because of bodily injury to one person in any one accident and, subject to the limit for one person; (2) fifty thousand dollars because of bodily injury to two or more persons in any one accident; and (3) twenty-five thousand dollars because of injury to or destruction of property of others in any one accident.”
scstatehouse.gov“within limits which may be no less than the requirements of Section 38-77-140.”
scstatehouse.gov
Motorcycle helmets
South Carolina requires a helmet only for motorcycle operators and passengers under 21; it must be an approved type with a neck or chin strap and reflective material on both sides. Operators under 21 must also wear goggles or a face shield unless the motorcycle has an approved windscreen.
Official wording (3 sources)
“It shall be unlawful for any person under the age of twenty-one to operate or ride upon a two-wheeled motorized vehicle unless he wears a protective helmet of a type approved by the Department of Public Safety. Such a helmet must be equipped with either a neck or chin strap and be reflectorized on both sides thereof.”
scstatehouse.gov“It shall be unlawful for any person under the age of twenty-one to operate a two-wheeled motorized vehicle unless he wears goggles or a face shield of a type approved by the Department of Public Safety.”
scstatehouse.gov“The provisions of Section 56-5-3670 with respect to goggles and face shields shall not apply to the operator of a two-wheeled motorized vehicle equipped with a wind screen meeting specifications established by the Department of Public Safety.”
scstatehouse.gov
Motorcycle permit rules
A South Carolina motorcycle beginner's permit is available at 15 after passing the knowledge test, and is valid for 12 months. You may ride alone during daylight hours (6 a.m. to 6 p.m., or 8 p.m. during daylight saving time); at night a motorcycle-licensed rider 21 or older with a year of experience must be within safe viewing distance.
Official wording (6 sources)
“A person who is at least fifteen years of age may apply to the department for a beginner's permit.”
scstatehouse.gov“drive a motor vehicle on public highways under the conditions contained in this section for not more than twelve months.”
scstatehouse.gov“While driving a motorcycle during nighttime hours, the permittee must be accompanied by a motorcycle-licensed driver twenty-one years of age or older who has had at least one year of driving experience.”
scstatehouse.gov“"Daylight hours" means after six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, "daylight hours" means after six o'clock a.m. and no later than eight o'clock p.m.”
scstatehouse.gov“A person who holds a motorcycle beginner's permit who fails the motorcycle driver's license test three or more times must successfully complete a South Carolina technical college motorcycle safety course, or its equivalent, in lieu of passing the motorcycle driver's license test”
scstatehouse.gov“passed a driver's education course as defined in subsection (D);”
scstatehouse.gov
Lane splitting
Lane splitting and lane filtering are illegal in South Carolina: no one may ride a motorcycle between lanes of traffic or between rows of vehicles, or pass in the same lane as the vehicle being passed.
Official wording (2 sources)
“No person shall operate a motorcycle between lanes of traffic, or between adjacent lines or rows of vehicles.”
scstatehouse.gov“The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.”
scstatehouse.gov
This page summarizes the law for study purposes and is not legal advice. Laws change; confirm with South Carolina Department of Motor Vehicles.