South Carolina
South Carolina Reckless Driving Laws: Fines, Points and Suspension
Independently fact-checked against primary sources (last audited October 25, 2026). · 29 primary sources cited on this page. How we verify our legal content

South Carolina makes reckless driving a misdemeanor under S.C. Code 56-5-2920: a person who drives any vehicle "in such a manner as to indicate either a wilful or wanton disregard for the safety of persons or property" is punished by a fine of $25 to $200 or by up to 30 days in jail. A second or subsequent offense within five years also brings a mandatory three-month license suspension, and every reckless driving conviction adds 6 points to the driving record under 56-1-720.
Information last verified on 2026-10-25. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers South Carolina state statutes on reckless driving (S.C. Code 56-5-2920), speeding, racing and street takeovers, failing to stop for police, the point system and habitual-offender rules in Title 56, Chapter 1, and driving without a valid license. It does not cover DUI penalties (see South Carolina DUI laws), reckless vehicular homicide (see South Carolina manslaughter laws), leaving the scene of a crash (see South Carolina hit-and-run laws), city or county ordinances, or federal and commercial-driver rules beyond a short note. For other states, see reckless driving laws by state.
What is reckless driving in South Carolina?
The whole offense is one section. S.C. Code 56-5-2920 provides:
"Any person who drives any vehicle in such a manner as to indicate either a wilful or wanton disregard for the safety of persons or property is guilty of reckless driving." S.C. Code 56-5-2920
The statute lists no specific acts. The question in each case is whether the manner of driving shows wilful or wanton disregard for the safety of people or property, and the section covers "any vehicle."
Where the law applies
Most of South Carolina's traffic chapter applies only on highways, but S.C. Code 56-5-20 provides that "the provisions of Articles 9 and 23 shall apply upon highways and elsewhere throughout the State." Reckless driving sits in Article 23, so the section is not limited to public roads.
Is reckless driving a misdemeanor in South Carolina? Penalties
Yes. S.C. Code 56-5-6190 provides that "It is a misdemeanor for any person to violate any of the provisions of this chapter unless such violation is by this chapter or other law of this State declared to be a felony," and 56-5-2920 sets its own penalty:

"Any person violating the provisions of this section shall, upon conviction, entry of a plea of guilty or forfeiture of bail, be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars or by imprisonment for not more than thirty days."
Three features of that penalty stand out:
- Fine or jail. The section provides for a fine "or" imprisonment and, unlike the racing statute, does not add "or both."
- No class label and no injury tier. Section 56-5-2920 gives reckless driving no class and has no higher grade for injury, death or property damage. A death is charged under a separate section (see below).
- One escalation, for repeat offenses. The section's only repeat-offense rule is the license suspension described next. The fine and jail range stay the same for a second offense.
Second offense: mandatory three-month suspension
Section 56-5-2920 continues: "The Department of Motor Vehicles, upon receiving satisfactory evidence of the conviction, of the entry of a plea of guilty or the forfeiture of bail of any person charged with a second and subsequent offense for the violation of this section shall forthwith suspend the driver's license of any such person for a period of three months."
Only recent offenses count. "Only those offenses which occurred within a period of five years including and immediately preceding the date of the last offense shall constitute prior offenses within the meaning of this section."
A license suspended for reckless driving is also not handed back automatically. Under S.C. Code 56-1-400(A)(1), the Department issues a new license at the end of a suspension period "other than a suspension for reckless driving," DUI, driving with an unlawful alcohol concentration, felony DUI, or under the point system. And if the person "has not held a license within the previous nine months," the Department "shall not issue or restore a license which has been suspended for reckless driving" until the person has filed an application for a new license and "submitted to an examination as upon an original application" (56-1-400(A)(2)).
How fast is reckless driving in South Carolina?
Section 56-5-2920 has no speed element, and no section of the traffic chapter makes a stated speed reckless driving. Speed is governed by the speeding statute, S.C. Code 56-5-1520, which provides that "A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing."
Speeding is itself a misdemeanor with fine tiers for a first offense (56-5-1520(G)):
- more than the posted limit but not more than 10 mph over: $15 to $25;
- more than 10 but less than 15 mph over: $25 to $50;
- more than 15 but less than 25 mph over: $50 to $75;
- more than 25 mph over: "a fine of not less than seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days."
Only the top tier carries jail, and its range matches reckless driving's.
Reckless driving points and license suspension in South Carolina
Points
S.C. Code 56-1-720 assigns points to each violation. The rows near reckless driving read:
| Violation | Points |
|---|---|
| Reckless driving | 6 |
| Passing stopped school bus | 6 |
| Hit-and-run, property damages only | 6 |
| Driving too fast for conditions, or speeding: no more than 10 mph above the posted limits | 2 |
| More than 10 mph but less than 25 mph above the posted limits | 4 |
| 25 mph or above the posted limits | 6 |
Under S.C. Code 56-1-740(A), "a total of twelve points assessed against a driver as determined by the values designated in Section 56-1-720 indicates disrespect and disregard," and the suspension grows with the total, with the person having "the privilege to request a review of his driving record":
- 12 to 15 points: three months' suspension;
- 16 or 17 points: four months' suspension;
- 18 or 19 points: five months' suspension;
- 20 points and over: six months' suspension.
Under S.C. Code 56-1-750, points from violations in the 12 months including and preceding the last violation count at full value, points from 12 to 24 months before it count at half value, and older points are not counted.
For newer drivers the threshold is lower. Under S.C. Code 56-1-185(B), a person driving on a beginner's permit or a conditional or special restricted license who is convicted of point-assessable offenses totaling six or more points "shall have his license suspended by the Department of Motor Vehicles for six months," and a reckless driving conviction alone carries 6 points.
For crashes that leave the scene, see South Carolina hit-and-run laws.
Habitual offender
Reckless driving also counts toward habitual-offender status. Under S.C. Code 56-1-1020, an habitual offender is a person whose record shows the listed convictions "committed during a three-year period," with offenses committed within a one-day period counted as one, and subsection (a) covers "Three or more convictions, singularly or in combination of any of the following separate and distinct offenses arising out of separate acts," and the list includes:
- "Voluntary manslaughter, involuntary manslaughter or reckless homicide resulting from the operation of a motor vehicle";
- operating or attempting to operate a motor vehicle under the influence;
- "Driving or operating a motor vehicle in a reckless manner";
- driving while suspended or revoked, "except a conviction for driving under suspension for failure to file proof of financial responsibility";
- any offense punishable as a felony under the motor vehicle laws, or any felony in which a motor vehicle is used; and
- failing to stop and report identity after an accident resulting in death or injury.
Section 56-1-1020(b) adds a second route (also within the three-year period): "Ten or more convictions of separate and distinct offenses involving moving violations" for which four or more points are assigned under 56-1-720 or which are listed in subsection (a).
The consequences are long. When the Department determines that a person is an habitual offender, it "must revoke or suspend the person's driver's license" (56-1-1030(A)), and under 56-1-1090(A) no license may be issued to an habitual offender "for a period of five years from the date of a determination by the Department of Motor Vehicles that a person is an habitual offender," unless the period is reduced to two years as that section permits or, where a qualifying conviction was alcohol-related, the person obtains an ignition interlock restricted license. An habitual offender convicted of driving while that prohibition is in effect "is guilty of a felony and must be imprisoned not more than five years" (56-1-1100). If an habitual offender drives while the license is canceled, suspended or revoked and an unlawful act or neglect of duty "proximately causes great bodily injury or death," the offense is a felony punishable by a fine of not more than $5,000 and up to ten years for great bodily injury, or a fine of $5,000 to $10,000 and up to twenty years for a death (56-1-1105(B)).
Commercial drivers and federal land
S.C. Code 56-1-2030 defines a "serious traffic violation" to include "reckless driving, including charges of driving a commercial motor vehicle in a wilful or wanton disregard for the safety of persons or property," and 56-1-2110(F) disqualifies a driver from commercial driving for 60 days on two serious traffic violations and 120 days on three "arising from separate incidents occurring within a three-year period"; under federal rule 49 C.F.R. 383.51, a conviction in a personal vehicle counts only if it results in a revocation, cancellation or suspension of the license or non-commercial driving privileges. On national park roads, 36 C.F.R. 4.2 adopts state traffic law, so South Carolina's reckless driving statute applies there; the reckless driving laws by state hub covers the federal layer.
Is there a careless driving law in South Carolina?
Title 56, Chapter 5 (the Uniform Act Regulating Traffic on Highways) and Title 56, Chapter 1 (motor vehicle licenses) contain no offense named careless, negligent or aggressive driving, and the point schedule in 56-1-720 has no careless driving row. The closest rules for lower-level unsafe driving are:
- Driving too fast for conditions, part of the speeding statute (56-5-1520(A)) and the speeding rows of the point schedule.
- Endangerment of a highway worker (56-5-1535): driving through or around a work zone in a lane not designated for traffic, or failing to obey work-zone traffic control devices, while highway workers are present. The fine is $500 to $1,000, rising to $1,000 to $2,000 if a worker is physically injured and $2,000 to $5,000 for great bodily injury (in each injury case, when the violation is the sole proximate cause), with 2 points, or 4 points with an injury.
- Distracted driving (56-5-3890(D)(1)): a first offense is fined $100, and a second or subsequent offense $200 plus 2 points.
Street racing and street takeovers in South Carolina
Racing
S.C. Code 56-5-1590 makes it unlawful "to engage in a motor vehicle race or contest for speed on any public road, street or highway in this State or to aid, abet or assist in any manner whatsoever in any such race or contest," and "Altering, changing, tampering with or "souping up" a motor vehicle for the purpose of racing or speeding" on a public road counts as aiding.
Under S.C. Code 56-5-1620:
- A driver "shall, upon conviction, be fined not less than two hundred dollars nor more than six hundred dollars or imprisoned for not less than two months nor more than six months, or both," and "shall upon conviction, entry of a plea of guilty or forfeiture of bail have his driver's license revoked for a period of one year."
- An owner who permits it ("acquiescing in or permitting the driving of his car") faces a fine of not more than $100 or up to 30 days, or both, and a three-month suspension of both the driver's license and the vehicle registration.
- Other aiders. Section 56-5-1620 sets penalties only for a person who violates the racing sections by driving or by permitting the driving of his car. Under 56-5-6190, a misdemeanor violation of the chapter "for which another penalty is not provided" is punished by "a fine of not more than one hundred dollars or by imprisonment for not more than thirty days."
Street takeovers (since May 15, 2026)
The Roadway Protection and Safety Act, 2026 Act No. 148, added S.C. Code 56-5-3910, effective May 15, 2026. It defines a "street takeover" as "the unauthorized deliberate and coordinated obstruction of a public roadway, street, highway, intersection, public vehicular area, private property without owner consent, or parking lot for illegal vehicle exhibitions including, but not limited to, burnouts, drifting, doughnuts, speed contests, stunts, wheelies, or other driving maneuvers that show a wilful and wanton disregard for the safety of persons or property."
- Participant or organizer, first offense: misdemeanor, a fine of not more than $500, imprisonment of not more than one year, or both (56-5-3910(B)(1), (C)(1)).
- Participant or organizer, second or subsequent offense: misdemeanor, a fine of not more than $3,000, imprisonment of not more than three years, or both (56-5-3910(B)(2), (C)(2)).
- Aider or abettor: misdemeanor, a fine of not more than $100, up to 30 days, or both, for a first offense, and not more than $500, up to 60 days, or both, for a second or later offense (56-5-3910(D)).
A participant or organizer who also does one of the following during the takeover faces additional punishment "in addition to the punishment provided for with the principal crime" (56-5-3910(E)):
- fled a law enforcement officer: misdemeanor, a fine of not more than $500 and imprisonment of not more than one year;
- endangered pedestrians, law enforcement officers or other drivers: misdemeanor, up to an additional $3,000 fine and imprisonment of not more than one year;
- inflicted bodily injury on another person: felony, an additional $10,000 fine and imprisonment of not more than five years;
- caused the death of another person: felony, an additional $25,000 fine and imprisonment of not more than ten years.
Vehicles are seized. "Any vehicle used by a participant, organizer, or an aider and abettor during a street takeover, shall be seized by the responding law enforcement agency" (56-5-3910(F)). An owner or lienholder who does not claim the vehicle and pay outstanding fees within 30 days of the seizure notice loses it to the seizing agency; a seized vehicle used by a person convicted under the section "shall be forfeited" (56-5-3910(G)); and a vehicle with illegal street racing modifications is forfeited on a conviction for its use in a street takeover (56-5-3910(H)). "No political subdivision may by ordinance, policy, or regulation reduce any penalty contained in this section" (56-5-3910(I)).
Failing to stop for police
S.C. Code 56-5-750(A) makes it unlawful, "In the absence of mitigating circumstances," for a driver on a road, street or highway "to fail to stop when signaled by a law enforcement vehicle by means of a siren or flashing light." An attempt to speed up or otherwise avoid the pursuing vehicle "is prima facie evidence of a violation of this section." The penalties, as rewritten by 2025 Act No. 38 effective May 12, 2026, are:

- First offense, no great bodily injury or death: misdemeanor; a fine of not less than $500 or imprisonment for not more than three years, and a license suspension of at least 30 days (56-5-750(B)(1)).
- Second or subsequent offense, no great bodily injury or death: felony; imprisonment for not more than ten years and a one-year license suspension (56-5-750(B)(2)).
- High-speed pursuit: felony; imprisonment for not more than ten years and a one-year suspension. "For the purposes of this section, a high-speed pursuit occurs when the driver of the vehicle increases speed or takes evasive actions to avoid the pursuing law enforcement vehicle" (56-5-750(B)(3)).
- Great bodily injury or death: a driver who violates subsection (A) and performs an act forbidden by law or neglects a duty imposed by law in driving commits a felony punishable by up to 15 years where great bodily injury resulted, or up to 30 years where death resulted (56-5-750(C)), with license revocation for the period of any imprisonment, suspended sentence, parole or probation, "plus three years" (56-5-750(D)).
Is there a wet reckless in South Carolina?
The DUI article of Title 56, Chapter 5 (Sections 56-5-2930 to 56-5-2995) contains no provision that allows, regulates or counts a plea to reckless driving. Apart from reckless vehicular homicide (56-5-2910) and reckless driving itself (56-5-2920), the only mention of reckless driving in that article is a civil-liability provision, 56-5-2950(F).
The DUI prior-offense rule does not count reckless driving. Section 56-5-2930(D) counts as a prior offense a conviction, guilty or nolo contendere plea, or bail forfeiture for violating a law or ordinance that "prohibits a person from driving a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics" or "prohibits a person from driving a motor vehicle with an unlawful alcohol concentration," and only violations within ten years "including and immediately preceding the date of the last violation" count.
Alcohol still matters to related license rules: DUI and reckless driving sit side by side in the license-reissue rule in 56-1-400 and in the habitual-offender list in 56-1-1020. For DUI penalties themselves, see South Carolina DUI laws.
Driving without a license in South Carolina
No license. Under S.C. Code 56-1-440(A), a person who drives on a public highway without a driver's license in violation of 56-1-20 "is guilty of a misdemeanor":
- first offense: a fine of $50 to $100 or imprisonment for 30 days;
- second offense: a fine of $500 or imprisonment for 45 days, or both;
- third and subsequent offense: imprisonment of 45 days to six months.
The section adds: "However, a charge of driving a motor vehicle without a driver's license must be dismissed if the person provides proof of being a licensed driver at the time of the violation to the court on or before the date this matter is set to be disposed of by the court."
Canceled, suspended or revoked license. Under S.C. Code 56-1-460(A)(1), a person who drives on a public highway while the license is canceled, suspended or revoked faces:
- first offense: a fine of $300 or imprisonment for up to 30 days, or both;
- second offense: a fine of $600 or imprisonment for up to 60 consecutive days, or both;
- third or subsequent offense: a fine of $1,000 and imprisonment for up to 90 days, or home detention for up to 90 days.
A person convicted of a first or second offense under that item who is employed or enrolled in a college or university may apply for a route-restricted license for travel to and from work or school (56-1-460(A)(1)(e)). A stricter tier applies when the suspension or revocation was imposed under the DUI sections 56-5-2990 or 56-5-2945 (56-1-460(A)(2)): a fine of $300 or 10 to 30 days for a first offense; $600 or 60 days to six months for a second; and $1,000 and six months to three years for a third or later, with "No portion of the minimum sentence imposed pursuant to this item" suspended.
On a conviction for driving while the license was suspended for a definite period, the Department extends the suspension by "an additional like period," and an indefinite suspension by an additional three months, subject to the exceptions in 56-1-460(B). If the conviction was for driving while the license was revoked, the Department "shall not issue a new license for an additional period of one year from the date the person could otherwise have applied for a new license" (56-1-460(B)).
License not in possession. S.C. Code 56-1-190 requires a licensee to have the license "in his immediate possession at all times when operating a motor vehicle" and to display it on an officer's demand, and provides that "No points pursuant to Section 56-1-720 may be assessed."
South Carolina reckless driving and related offenses: penalty table
| Offense | Statute | What it prohibits | Class or grade | Statutory penalty range |
|---|---|---|---|---|
| Reckless driving | S.C. Code 56-5-2920 | Driving any vehicle in a manner indicating wilful or wanton disregard for the safety of persons or property | Misdemeanor (no class label) | Fine $25 to $200 or jail up to 30 days; 6 points |
| Reckless driving, second or subsequent within five years | S.C. Code 56-5-2920 | Same, with a prior offense in the five years including and preceding the last offense | Misdemeanor | Same fine or jail, plus mandatory three-month license suspension |
| Speeding more than 25 mph over the limit | S.C. Code 56-5-1520(G)(4) | Speeding more than 25 mph above the posted limit | Misdemeanor | Fine $75 to $200 or jail up to 30 days (first offense) |
| Racing, driver | S.C. Code 56-5-1590, 56-5-1620 | Taking part in a race or speed contest on a public road | Misdemeanor (56-5-6190) | Fine $200 to $600 or two to six months, or both; one-year license revocation |
| Racing, owner who permits it | S.C. Code 56-5-1600, 56-5-1620 | Acquiescing in or permitting one's car to be raced | Misdemeanor (56-5-6190) | Fine up to $100 or up to 30 days, or both; three-month license and registration suspension |
| Street takeover, participant or organizer | S.C. Code 56-5-3910(B)-(C) | Taking part in or organizing a coordinated, unauthorized road obstruction for vehicle exhibitions | Misdemeanor | First: fine up to $500, up to one year, or both; later: fine up to $3,000, up to three years, or both; vehicle seizure and forfeiture |
| Street takeover, aider or abettor | S.C. Code 56-5-3910(D) | Aiding or abetting a street takeover | Misdemeanor | First: fine up to $100, up to 30 days, or both; later: fine up to $500, up to 60 days, or both |
| Street takeover with bodily injury or death | S.C. Code 56-5-3910(E)(3)-(4) | Inflicting bodily injury or causing a death during a takeover | Felony (in addition to the principal crime) | Injury: additional $10,000 fine and up to five years; death: additional $25,000 fine and up to ten years |
| Failing to stop for police, first offense | S.C. Code 56-5-750(B)(1) | Failing to stop when signaled, no great bodily injury or death | Misdemeanor | Fine of at least $500 or up to three years; license suspension of at least 30 days |
| Failing to stop, second offense or high-speed pursuit | S.C. Code 56-5-750(B)(2)-(3) | Repeat offense, or speeding up or evading the pursuing vehicle | Felony | Up to ten years; one-year license suspension |
| Failing to stop causing great bodily injury or death | S.C. Code 56-5-750(C) | Same, with an unlawful act or neglect of duty causing great bodily injury or death | Felony | Up to 15 years (injury) or 30 years (death); revocation for the sentence period plus three years |
| Driving while canceled, suspended or revoked, first offense | S.C. Code 56-1-460(A)(1)(a) | Driving on a public highway while the license is canceled, suspended or revoked | Penalty set in the section (no class label) | Fine $300 or up to 30 days, or both |
| Driving without a license, first offense | S.C. Code 56-1-440(A) | Driving on a public highway without a license | Misdemeanor | Fine $50 to $100 or 30 days; dismissed on proof of a valid license at the time |
| Habitual offender driving while barred | S.C. Code 56-1-1100 | Driving while a habitual-offender prohibition is in effect | Felony | Up to five years |
Reckless driving's range comes from 56-5-2920 itself. For traffic-chapter violations that have no penalty of their own, S.C. Code 56-5-6190 sets "a fine of not more than one hundred dollars or by imprisonment for not more than thirty days." For how South Carolina classifies other misdemeanors and felonies, see South Carolina felony and misdemeanor classes.
Vehicular homicide in South Carolina
When a death results from driving in reckless disregard of the safety of others, the offense is reckless vehicular homicide under S.C. Code 56-5-2910, covered on the South Carolina manslaughter laws page.
Recent changes to South Carolina reckless driving and related laws
- May 15, 2026: street takeovers. 2026 Act No. 148 (H.4292), the Roadway Protection and Safety Act, added S.C. Code 56-5-3910. The older racing statutes in 56-5-1590 to 56-5-1620 remain in force alongside it.
- May 12, 2026: failing to stop for police. 2025 Act No. 38 (H.3127) rewrote the penalties in 56-5-750. In (B)(1) it replaced "not less than ninety days nor more than three years" with "not more than three years," removing the 90-day minimum for a first offense; it raised the (B)(2) maximum from five to ten years, added the high-speed pursuit felony in (B)(3), and raised the (C) maximums from ten to fifteen years (great bodily injury) and from twenty-five to thirty years (death).
- September 1, 2025: distracted driving points. 2025 Act No. 40 (H.3276) added "Distracted driving (second or subsequent offense)" to the point schedule in 56-1-720, at 2 points. It did not change the reckless driving value.
- Reckless driving itself. Section 56-5-2920 was last amended by 1981 Act No. 76, so its $25 to $200 fine and 30-day jail maximum date from 1981.
Related South Carolina laws
- Reckless driving laws by state
- South Carolina DUI laws
- South Carolina manslaughter laws
- South Carolina felony and misdemeanor classes
- South Carolina hit-and-run laws
- South Carolina expungement laws
- North Carolina reckless driving laws
- Georgia reckless driving laws
This article is general legal information about South Carolina law, not legal advice. For a specific situation, contact a lawyer licensed in South Carolina, or the South Carolina Department of Motor Vehicles for driver's license questions.
Last updated: 2026-10-25.
Frequently Asked Questions
Is reckless driving a misdemeanor in South Carolina?
Yes. S.C. Code 56-5-6190 makes violations of the traffic chapter misdemeanors, and 56-5-2920 punishes reckless driving by a fine of $25 to $200 or up to 30 days in jail. The section gives it no class label.
What is the penalty for a second reckless driving offense in South Carolina?
The fine or jail range stays the same, but the DMV must suspend the license for three months for a second or subsequent offense. Only offenses within the five years including and preceding the last offense count (56-5-2920).
How fast is reckless driving in South Carolina?
No section of the traffic chapter makes a stated speed reckless driving, and 56-5-2920 has no speed element. Speeding more than 25 mph over the posted limit is a misdemeanor with a $75 to $200 fine or up to 30 days for a first offense (56-5-1520(G)).
How many points is reckless driving in South Carolina?
Six points under S.C. Code 56-1-720. Twelve points bring a three-month suspension, and the period rises to six months at 20 or more points (56-1-740). For a driver on a beginner's permit or a conditional or special restricted license, six points bring a six-month suspension (56-1-185(B)).
Is there careless driving in South Carolina?
No. Title 56, Chapters 1 and 5, contain no careless, negligent or aggressive driving offense. The closest rules are driving too fast for conditions under the speeding statute (56-5-1520) and endangerment of a highway worker (56-5-1535).
Does South Carolina have a wet reckless?
The DUI article (56-5-2930 to 56-5-2995) contains no provision on a reckless driving plea, and the DUI prior-offense rule in 56-5-2930(D) counts only DUI and unlawful alcohol concentration convictions.
Is a street takeover illegal in South Carolina?
Yes, since May 15, 2026. S.C. Code 56-5-3910 makes participating in or organizing a street takeover a misdemeanor (up to $500 and one year for a first offense), adds felony penalties for bodily injury or death, and requires seizure of the vehicles used.
What is the penalty for driving without a license in South Carolina?
A first offense is a misdemeanor with a $50 to $100 fine or 30 days in jail (56-1-440(A)). The charge must be dismissed if the person proves being a licensed driver at the time of the violation by the disposition date.
Can reckless driving make you a habitual offender in South Carolina?
Yes. Reckless driving is one of the offenses in S.C. Code 56-1-1020(a); three or more convictions of the listed offenses committed during a three-year period, in any combination, make a driver an habitual offender, generally with a five-year license bar (56-1-1090).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
South Carolina Code of Laws, Title 56: MOTOR VEHICLES
§ 56-5-2920Reckless driving; penalties; suspension of driver's license for second or subsequent offenseIn force
Any person who drives any vehicle in such a manner as to indicate either a wilful or wanton disregard for the safety of persons or property is guilty of reckless driving. The Department of Motor Vehicles, upon receiving satisfactory evidence of the conviction, of the entry of a plea of guilty or the forfeiture of bail of any person charged with a second and subsequent offense for the violation of this section shall forthwith suspend the driver's license of any such person for a period of three months. Only those offenses which occurred within a period of five years including and immediately preceding the date of the last offense shall constitute prior offenses within the meaning of this section. Any person violating the provisions of this section shall, upon conviction, entry of a plea of guilty or forfeiture of bail, be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars or by imprisonment for not more than thirty days.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 56-1-720Point system established; schedule of points for violationsIn force
There is established a point system for the evaluation of the operating record of persons to whom a license to operate motor vehicles has been granted and for the determination of the continuing qualifications of these persons for the privileges granted by the license to operate motor vehicles. The system shall have as its basic element a graduated scale of points assigning relative values to the various violations in accordance with the following schedule: VIOLATION POINTS Reckless driving 6 Passing stopped school bus 6 Hit-and-run, property damages only 6 Driving too fast for conditions, or speeding: (1) No more than 10 m.p.h. above the posted limits 2 (2) More than 10 m.p.h. but less than 25 m.p.h. above the posted limits 4 (3) 25 m.p.h.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 56-1-400Surrender of license; issuance of new license; endorsing suspension and ignition interlock device on licenseIn force
(A)(1) The Department of Motor Vehicles, upon suspending or revoking a license, shall require that the license be surrendered to the department. At the end of the suspension period, other than a suspension for reckless driving, driving under the influence of intoxicants, driving with an unlawful alcohol concentration, felony driving under the influence of intoxicants, or pursuant to the point system, the department shall issue a new license to the person. (2) If the person has not held a license within the previous nine months, the department shall not issue or restore a license which has been suspended for reckless driving, driving under the influence of intoxicants, driving with an unlawful alcohol concentration, felony driving under the influence of intoxicants, or for violations under the point system, until the person has filed an application for a new license, submitted to an examination as upon an original application, and satisfied the department, after an investigation of the person's driving ability, that it would be safe to grant the person the privilege of driving a motor vehicle on the public highways.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 56-1-1020"Habitual offender" and "conviction" definedIn force
An habitual offender shall mean any person whose record as maintained by the Department of Motor Vehicles shows that he has accumulated the convictions for separate and distinct offenses described in subsections (a), (b) and (c) committed during a three-year period; provided, that where more than one included offense shall be committed within a one-day period such multiple offenses shall be treated for the purposes of this article as one offense: (a) Three or more convictions, singularly or in combination of any of the following separate and distinct offenses arising out of separate acts: (1) Voluntary manslaughter, involuntary manslaughter or reckless homicide resulting from the operation of a motor vehicle; (2) Operating or attempting to operate a motor vehicle while under the influence of intoxicating liquor, narcotics or drugs; (3) Driving or operating a motor vehicle in a reckless manner; (4) Driving a motor vehicle while his license, permit, or privilege to drive a motor vehicle has been suspended or revoked, except a conviction for driving under suspension for failure to file proof of financial responsibility; (5) Any offense punishable as a felony under the motor…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 56-1-1030Habitual offender determination; revocation of license; notice of determination and appealIn force
(A) When a person is convicted of one or more of the offenses listed in Section 56-1-1020(a), (b), or (c), the Department of Motor Vehicles must review its records for that person. If the department determines after review of its records that the person is an habitual offender as defined in Section 56-1-1020, the department must revoke or suspend the person's driver's license. (B) If the department determines the person is an habitual offender, the department shall give notice of its determination to the person and direct the person not to operate a motor vehicle on the highways of this State and to surrender his driver's license or permit to the department. The notice must provide that a person aggrieved by the department determination may file a request for a contested case hearing with the Office of Motor Vehicle Hearings in accordance with its rules of procedure. The Office of Motor Vehicle Hearings has exclusive jurisdiction to conduct these hearings.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 56-1-1100PenaltiesIn force
A person found to be an habitual offender under the provisions of this article, who subsequently is convicted of operating a motor vehicle in this State while the decision of the Department of Motor Vehicles prohibiting the operation is in effect, is guilty of a felony and must be imprisoned not more than five years. For the purpose of enforcing this section, in any case in which the accused is charged with driving a motor vehicle while his driver's license or permit is suspended or revoked or is charged with driving without a license, the department, before hearing the charges, shall determine whether the person has been adjudged an habitual offender and is barred from operating a motor vehicle on the highways of this State. If the person is found to be an habitual offender, the department shall notify the solicitor or Attorney General and he shall cause the appropriate criminal charges to be lodged against the offender.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 56-5-1590Unlawful to race or assist in racing on public roadsIn force
It shall be unlawful to engage in a motor vehicle race or contest for speed on any public road, street or highway in this State or to aid, abet or assist in any manner whatsoever in any such race or contest. Altering, changing, tampering with or "souping up" a motor vehicle for the purpose of racing or speeding on any public road, street or highway in this State shall be considered as aiding, abetting or assisting for the purposes of Sections 56-5-1590 to 56-5-1620.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 56-5-1600Unlawful to acquiesce in or permit use of car in raceIn force
It shall also be unlawful for any owner of a motor vehicle to acquiesce in or permit his car to be used by another in any motor vehicle race or contest for speed on any public road, street or highway in this State.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 56-5-750Failure to stop motor vehicle when signaled by law-enforcement vehicleIn forcecited in 2 of our articles
(A) In the absence of mitigating circumstances, it is unlawful for a motor vehicle driver, while driving on a road, street, or highway of the State, to fail to stop when signaled by a law enforcement vehicle by means of a siren or flashing light. An attempt to increase the speed of a vehicle or in other manner avoid the pursuing law enforcement vehicle when signaled by a siren or flashing light is prima facie evidence of a violation of this section. Failure to see the flashing light or hear the siren does not excuse a failure to stop when the distance between the vehicles and other road conditions are such that it would be reasonable for a driver to hear or see the signals from the law enforcement vehicle. Text of (B) effective until May 12, 2026. (B) A person who violates the provisions of subsection (A): (1) for a first offense where no great bodily injury or death resulted from the violation, is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or imprisoned for not less than ninety days nor more than three years.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 19 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Nationwide v. Walls (Supreme Court of South Carolina 2021)“…rolina when it results in great bodily injury or death. See S.C. Code Ann. § 56-5-750(C) (2018).…”
- State v. Stokes (Court of Appeals of South Carolina 2005)“…to Rule 220, SCACR, and the following authorities: See S.C. Code Ann. § 56-5-750 (A) (Supp. 2004) (providing that in the…”
- United States v. Rivers (Court of Appeals for the Fourth Circuit 2010, 595 F.3d 558)“…er South Carolina law for failure to stop for a blue light, S.C. Code Ann. § 56-5-750(A), consti- tutes a "violent felony" un…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Carolina Expungement Laws: Who Qualifies and How to Apply
§ 56-1-440Penalties for driving without license; summary court jurisdictionIn force
(A) A person who drives a motor vehicle on a public highway of this State without a driver's license in violation of Section 56-1-20 is guilty of a misdemeanor and, upon conviction of a first offense, must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for thirty days and, upon conviction of a second offense, be fined five hundred dollars or imprisoned for forty-five days, or both, and for a third and subsequent offense must be imprisoned for not less than forty-five days nor more than six months. However, a charge of driving a motor vehicle without a driver's license must be dismissed if the person provides proof of being a licensed driver at the time of the violation to the court on or before the date this matter is set to be disposed of by the court. (B) The summary courts are vested with jurisdiction to hear and dispose of cases involving a violation of this section.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 56-1-2030DefinitionsIn force
As used in this article: (1) "Commercial driver's license" means a license issued in accordance with the requirements of the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570) to an individual which authorizes the individual to drive a class of commercial motor vehicle. (2) "Commercial Driver's License Information System" means the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986 to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers. (3) "Commercial driver's instruction permit" means a permit issued pursuant to Section 56-1-2080(D) of this article. (4) "Commercial motor vehicle" means a motor vehicle designed or used to transport passengers or property if the vehicle: (a) has a gross vehicle weight rating of twenty-six thousand one or more pounds; (b) is designed to transport sixteen or more persons, including the driver; or (c) is transporting hazardous materials and is required to be placarded in accordance with 49 CFR Part 172, subpart F.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
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Sources and References
- S.C. Code 56-5-2920, Reckless driving; penalties; suspension for second offense(www.scstatehouse.gov).gov
- S.C. Code 56-1-720, Point system; schedule of points(www.scstatehouse.gov).gov
- S.C. Code 56-5-20, Application of chapter(www.scstatehouse.gov).gov
- S.C. Code 56-5-6190, Penalties for misdemeanors(www.scstatehouse.gov).gov
- S.C. Code 56-1-400, Surrender of license; issuance of new license(www.scstatehouse.gov).gov
- S.C. Code 56-5-1520, Speed limits; penalties(www.scstatehouse.gov).gov
- S.C. Code 56-1-740, Suspension of license for points(www.scstatehouse.gov).gov
- S.C. Code 56-1-1020, Habitual offender defined(www.scstatehouse.gov).gov
- S.C. Code 56-1-1030, Habitual offender; revocation or suspension(www.scstatehouse.gov).gov
- S.C. Code 56-1-1100, Habitual offender driving while barred; penalties(www.scstatehouse.gov).gov
- S.C. Code 56-1-1105, Habitual offender causing great bodily injury or death(www.scstatehouse.gov).gov
- S.C. Code 56-1-2030, Commercial driver definitions (serious traffic violation)(www.scstatehouse.gov).gov
- S.C. Code 56-1-2110, Commercial driver disqualification(www.scstatehouse.gov).gov
- 49 C.F.R. 383.51, Disqualification of drivers (CDL)(www.ecfr.gov).gov
- 36 C.F.R. 4.2, State law applicable in park areas(www.ecfr.gov).gov
- S.C. Code 56-5-1535, Endangerment of a highway worker(www.scstatehouse.gov).gov
- S.C. Code 56-5-3890, Distracted driving(www.scstatehouse.gov).gov
- S.C. Code 56-5-1590, Racing on public roads(www.scstatehouse.gov).gov
- S.C. Code 56-5-1620, Racing penalties(www.scstatehouse.gov).gov
- S.C. Code 56-5-3910, Street takeovers (Roadway Protection and Safety Act)(www.scstatehouse.gov).gov
- S.C. Code 56-5-750, Failure to stop for a law enforcement vehicle(www.scstatehouse.gov).gov
- S.C. Code 56-5-2930, Driving under the influence; prior offenses(www.scstatehouse.gov).gov
- S.C. Code 56-1-440, Driving without a license; penalties(www.scstatehouse.gov).gov
- S.C. Code 56-1-460, Driving while license canceled, suspended or revoked(www.scstatehouse.gov).gov
- S.C. Code 56-1-190, License to be carried and exhibited(www.scstatehouse.gov).gov
- S.C. Code 56-5-2910, Reckless vehicular homicide(www.scstatehouse.gov).gov
- S.C. Code 56-1-1090, Habitual offender; five-year license bar(www.scstatehouse.gov).gov
- S.C. Code 56-1-185, Beginner's permit and conditional or special restricted license; six-point suspension(www.scstatehouse.gov).gov
- S.C. Code 56-1-750, Counting of points(www.scstatehouse.gov).gov
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