South Carolina DUI Laws and Penalties
Explained

Dealing with a DUI (Driving Under the Influence) charge in South Carolina requires thorough knowledge of the state's DUI laws and penalties to effectively manage your legal situation.

South Carolina DUI laws are severe, with harsh consequences for those convicted, including financial penalties, license suspension, and possible incarceration. This guide provides comprehensive information about DUI penalties in South Carolina to ensure you remain well-informed and prepared.

An Overview of South Carolina DUI Laws

South Carolina DUI laws are administered by S.C. Code § 56-5-2930, which makes it unlawful to operate or maintain actual physical control of a motor vehicle while under the influence of alcohol or controlled substances. The state enforces strict penalties for DUI violations, with consequences that escalate substantially for repeat violators.

Under South Carolina law, DUI (Driving Under the Influence) of alcoholic beverages, chemical substances, or controlled substances is one offense, established by impairment of normal faculties or an unlawful blood alcohol or breath alcohol level of 0.08 or above.

South Carolina operates under an "implied consent" law, meaning that by driving on South Carolina roads, you automatically consent to chemical testing if lawfully arrested for DUI. Refusing to submit to testing results in automatic license suspension and can be used as evidence against you in court.

Key Legal Threshold
0.08
Blood Alcohol Level
Legal limit for drivers 21 and over
Enhanced Penalties
0.16
Blood Alcohol Level
Threshold for enhanced penalties

An Overview of South Carolina DUI Penalties

Under South Carolina law (S.C. Code § 56-5-2930), DUI penalties can include substantial fines, potential jail time, license suspension, and the installation of an ignition interlock device, with the severity depending on your history and specific circumstances.

These consequences can have a lasting impact on your driving privileges, employment opportunities, and financial well-being. Whether you're seeking general information or facing DUI charges, it's crucial to understand South Carolina's strict laws and the escalating penalties that accompany each offense.

Specific Penalties for a DUI in South Carolina

South Carolina DUI Fine Schedule

In South Carolina, DUI fines increase with each conviction. The penalties become more severe if your blood alcohol level is 0.16 or above or if a child was in the vehicle during the arrest. These circumstances are considered particularly hazardous.

The state uses monetary penalties to emphasize the gravity of impaired driving. Repeat offenders face substantially increased fines as a way to discourage patterns of risky behavior and protect public safety.

First Conviction

Standard:
$400 - $1,000
BAL 0.16+ or Minor Present:
$1,000 - $2,100

Second Conviction

Standard:
$2,100 - $5,100
BAL 0.16+ or Minor Present:
$5,100 - $10,000

Third Conviction

Standard:
$3,800 - $6,300
BAL 0.16+ or Minor Present:
$10,000 - $25,000

Fourth+ Conviction

Standard:
$5,000 - $10,000
BAL 0.16+ or Minor Present:
$10,000 - $25,000

South Carolina Imprisonment Terms

South Carolina imposes harsher jail sentences for each DUI conviction. A first offense may result in up to 30 days of jail time, but higher blood alcohol levels or aggravating factors can increase that penalty.

Repeat offenses lead to mandatory minimum jail stays that increase significantly. The law also requires certain jail time to be served in consecutive days to ensure the offender cannot easily circumvent the sentence.

1st

First Conviction

  • 48 hours to 90 days imprisonment
  • Enhanced penalties for high BAC
2nd

Second Conviction

  • 5 days to 3 years imprisonment
  • Enhanced penalties for repeat offense
3rd

Third Conviction

  • 60 days to 5 years imprisonment
  • Felony charges possible
4th

Fourth+ Conviction

  • Felony: 1 to 7 years imprisonment
  • Habitual offender classification possible

South Carolina Vehicle Impoundment/Immobilization

South Carolina law may require the offender's vehicle to be impounded after certain DUI convictions. The duration depends on the specific circumstances and prior offenses.

This penalty serves as a deterrent by limiting the offender's immediate ability to drive again. Vehicle impoundment periods increase with repeat offenses, providing additional consequences beyond fines and jail time.

Unless the family has no other transportation:

30
Days
First Conviction
90
Days
Second Conviction
180
Days
Third+ Conviction
* Impoundment cannot occur concurrently with incarceration

South Carolina Driver License Revocation Periods

Losing your driver's license in South Carolina after a DUI is standard, and the duration depends on the specifics of the offense. First offenses typically result in a suspension that lasts 6 months, but that time increases significantly for repeat offenses.

Multiple offenses lead to much longer suspensions. After multiple convictions, the state can suspend your license for extended periods. In some cases, you may apply for limited driving privileges after serving a minimum period, but this requires meeting strict conditions.

First Offense

  • • 6 months suspension
  • • Enhanced: Test refusal: 6 months suspension

Second Offense

  • • 2 years suspension
  • • Enhanced: Test refusal: 3 years suspension

Third Offense

  • • 4 years suspension
  • • Enhanced: Test refusal: 4 years suspension

Fourth+ Offense

  • • Permanent revocation
  • • Enhanced: Test refusal: Permanent revocation

Serious DUI Offenses in South Carolina

South Carolina treats DUI-related fatalities as serious felonies. DUI causing death can carry severe prison sentences and substantial fines. If the driver flees the scene, the charge becomes even more serious.

Vehicular homicide follows a similar pattern. These cases demonstrate how South Carolina distinguishes common DUI charges from those involving loss of life. The legal consequences reflect the permanent damage caused by one reckless decision.

DUI Manslaughter

  • Second degree felony
  • Up to $10,000 fine and/or 15 years imprisonment
Leaving the scene: First degree felony (up to 30 years)

Vehicular Homicide

  • Second degree felony
  • Up to $10,000 fine and/or 15 years imprisonment
Leaving the scene: First degree felony (up to 30 years)

South Carolina Ignition Interlock Law and Device Guidelines

South Carolina law mandates ignition interlock devices for all DUI convictions. The requirements are mandatory and cannot be waived by the court. First-time offenders must install an ignition interlock device for a minimum of 6 months after regaining driving privileges.

Repeat offenders face mandatory ignition interlock requirements that increase substantially with each conviction - from 2 years for a second offense up to 3 years for multiple convictions. The device must be installed by a state-approved provider and requires regular maintenance and monitoring.

All costs associated with the ignition interlock device, including installation, monthly monitoring fees, and removal, are the responsibility of the offender. Tampering with or circumventing the device constitutes a separate criminal offense.

For complete statutory language and the most current information, please refer to:

S.C. Code § 56-5-2930

South Carolina Department of Motor Vehicles

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