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DUI Charge in Fatal Lexington County Crash

March 2, 2014 - A 23-year old Lexington County, SC resident has been arrested by police after driving his pickup truck under the influence and fatally crashing into a motorcycle. (MORE)

Deadly Wreck on SC 161 Result of DUI

February 10, 2014 - A 36-year old woman has been charged with felony DUI involving death in the fatal accident that occured on Celanese Road in Rock Hill. (MORE)

Ted Vick Faces First of Two DUI Charges Wednesday

December 4, 2013 - South Carolina State Representative Ted Vick's jury trial for a 2012 DUI arrest has been set for December 4th. This is the first of two pending DUI charges that Vick faces in unrelated incidents. (MORE)

South Carolina DUI Laws

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In South Carolina you can be charged with a DUI/DWI offense for driving while "materially and appreciably impaired" and/or with a blood alcohol content (BAC) level above the legal limit. A South Carolina DUI conviction can have serious and long-lasting consequences, including fines, jail, license suspension, expensive high-risk insurance, habitual offender status and more. With so much at stake, it is critical to have an aggressive South Carolina DUI lawyer on your side from the outset of your case.

At the time of your arrest, the South Carolina Department of Motor Vehicles may initiate a civil suspension of your driving privileges for at least six months. You may contest the suspension within 30 days of the arrest. The civil hearing is also an opportunity for your attorney to see what evidence may be used against you in a subsequent criminal proceeding. Criminal penalties may include fines, community service or jail and enrollment in the Alcohol Drug Safety Program. These penalties become increasingly harsh for excessive BAC, multiple prior convictions and felony DUI convictions (e.g., if someone is killed as a result of your DUI). A qualified South Carolina DUI attorney can make all the difference in lessening or avoiding the harsher penalties.

In some cases, you may be able to drive during the suspension period after obtaining a provisional license. An attorney can tell you more about the requirements for appealing the suspension, obtaining a provisional license and/or reinstating a suspended license.

South Carolina DUI/DWI Laws and Penalties

State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.

Blood Alcohol Content/Concentration ("BAC")

South Carolina BAC laws may differ from those of other states, as follows.

South Carolina BAC Laws
Per Se Violation BAC of .08 or higher
"Zero Tolerance" (BAC for Someone Under 21) .02 or higher
Commercial Driver's License Holder* .04 or higher (while operating a commercial vehicle)
Implied Consent to Submit to a BAC Test
  • Yes, by getting a South Carolina driver's license, you give consent to submit to a BAC test (breath alcohol test or blood analysis)
  • Failure to submit to a BAC test will result in the same loss of driving privileges as a DUI/DWI

Administrative License Suspension

Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.

Time to file for appeal: within approximately 30 days after DUI/DWI citation.

DUI/DWI Arrest
1st Offense (.15 or higher) 30 days license suspension
Subsequent Offenses (.15 or higher) 1 or 2 months license suspension, depending on prior convictions
"Zero Tolerance" (BAC for Someone Under 21) 3 or 6 months license suspension, depending on prior convictions
Temporary License Yes for use while waiting for an administrative hearing
Administrative Hearing Yes
Limited Privileges Possible Yes
Refusal to Submit to BAC Test
1st and Subsequent Offenses 6 months license suspension
"Zero Tolerance" (BAC for someone under 21) 6 months license suspension

Criminal Court Conviction - Mandatory Fines and Penalties

(Penalties imposed by the criminal court system)

First DUI/DWI Offense
License Suspension 6 months (may have conditional license)
Prison Term and Community Service 48 hours to 30 days in jail; maybe community service
Fines, Fees, and Surcharges Approx. $400 or higher**
Vehicle Penalties Potential impound or confiscation
Drug and Alcohol Education, Assessment and Treatment Mandatory Alcohol and Drug Safety Action Program
Second DUI/DWI Offense (within 10 years of 1st offense)
License Suspension 1 year (no conditional license)
Prison Term and Community Service 5 days to 1 year in jail; maybe community service
Fines, Fees, and Surcharges Approx. $2,100 to $5,100 or higher**
Vehicle Penalties
  • Potential impound or confiscation
  • Ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
Drug and Alcohol Education, Assessment and Treatment Mandatory Alcohol and Drug Safety Action Program
Third DUI/DWI Offense (within 10 years of 2nd offense)
License Suspension 2 years (no conditional license)
Prison Term and Community Service 60 days to 3 years in jail; maybe community service
Fines, Fees, and Surcharges Approx. $3,800 to $6,300 or higher**
Vehicle Penalties
  • Potential impound or confiscation
  • Ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
Drug and Alcohol Education, Assessment and Treatment Mandatory Alcohol and Drug Safety Action Program
Aggravating Factors that Can Alter DUI/DWI Penalties***
Vehicular Manslaughter
Driving with Children in the Car
Higher BAC (above the enhanced penalty)
Zero Tolerance DUI/DWI
Driving While Under the Influence of Drugs
Out-of-State DUI/DWI Convictions
Reckless Driving/Accident

*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.

Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, South Carolina Department of Public Safety

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