South Carolina DUI Laws
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 |
|
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 |
|
| 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 |
|
| 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