DUI Lawyers in Charleston, South Carolina

A first-offense DUI in South Carolina carries a $400 fine or 48 hours to 30 days in jail; the court may allow community service instead of the minimum jail time. A conviction also requires ADSAP and generally 6 months with an ignition interlock device. Penalties increase if your BAC was 0.10% or higher. Learn more about DUI penalties in South Carolina.

A first-offense DUI conviction triggers a license suspension, but you must enroll in the ignition interlock program to end that suspension and obtain an interlock-restricted license for 6 months. Since South Carolina’s all-offender interlock law took effect on May 19, 2024, a first-offense DUI conviction no longer qualifies for the old provisional license. Learn more about whether a DUI suspends your license in South Carolina.

Generally, yes. Under South Carolina’s all-offender law (effective May 19, 2024), a DUI or DUAC conviction requires an ignition interlock device to regain driving privileges, even for a first offense. A first conviction generally requires the device for 6 months; a second requires 2 years, a third requires 3 years (or 4 years in certain cases), and a fourth or subsequent offense requires it for life, subject to a possible removal application. Learn more about the South Carolina ignition interlock device program.

Usually, yes, if you have a valid license. A pending DUI charge alone does not suspend it. If your license was suspended at arrest for refusing a chemical test or testing at 0.15% or higher, you may request an administrative hearing and obtain a Temporary Alcohol License (TAL) allowing unrestricted driving while that hearing is pending. The hearing request must be filed within 30 days of the suspension notice, so contact a Charleston DUI lawyer quickly.

No, a DUI conviction generally cannot be expunged from your record in South Carolina. The usual expungement law for minor convictions excludes offenses involving the operation of a motor vehicle, so a DUI or DUAC conviction remains on your criminal record and may appear in background checks. However, if your DUI charge is dismissed or you are found not guilty, the arrest and charge record generally can be expunged, although certain law enforcement records may be retained under seal. Learn more about expungement in South Carolina.

Yes, you can still be convicted of DUI without a breath test result. Prosecutors can use other evidence: officer testimony about the odor of alcohol or slurred speech, available video, field sobriety test performance, and any admissions you made. Refusing the test also triggers an immediate license suspension under South Carolina’s implied consent law, though you can challenge it at an administrative hearing. Learn more about what happens if you refuse a breath test in South Carolina.

Generally, yes. S.C. Code § 56-5-2953 requires video of the driver’s conduct at the incident site, including any field sobriety tests and arrest, and at the breath-test site. If required video is missing, dismissal may be possible, but it is not automatic. Exceptions can apply for inoperable equipment despite reasonable maintenance, emergency medical treatment, or exigent circumstances; at checkpoints or crash scenes, recording must begin as soon as practicable. Learn more about whether police have to video record a DUI arrest.

DUAC (Driving with an Unlawful Alcohol Concentration) is South Carolina’s “per se” drunk driving charge under S.C. Code § 56-5-2933. Unlike DUI, which requires proof that alcohol materially and appreciably impaired your ability to drive, DUAC requires proof that your alcohol concentration was 0.08% or higher while driving, subject to the applicable testing requirements. Penalties mirror DUI penalties, and a DUAC conviction also requires an ignition interlock device to regain driving privileges.

For DUAC, the limit in South Carolina is an alcohol concentration of 0.08%; at that level, jurors may also infer you were under the influence of alcohol in a DUI case. A reading above 0.05% but below 0.08% creates no inference either way, while 0.05% or lower creates a conclusive presumption that you were not under the influence of alcohol. Drivers under 21 can face license suspension at 0.02% or higher. Learn more about underage drinking and driving in South Carolina.

Field sobriety tests can be challenged; their results do not conclusively establish impairment. The three standardized tests are horizontal gaze nystagmus, walk-and-turn, and one-leg stand. Balance, age, footwear, injuries, and roadside conditions can affect performance. An officer’s administration and interpretation of the tests also matter, which is why an experienced Charleston DUI attorney may challenge them in court. Learn more about field sobriety tests in South Carolina.

Only in limited situations. Under South Carolina’s implied consent procedures, officers generally must offer a breath test first and may request blood if you physically cannot provide an acceptable breath sample, such as because you are unconscious or have a mouth injury. A compelled blood draw raises separate warrant and constitutional requirements; a misdemeanor charge alone does not rule out a warrant. Learn more about blood testing in a South Carolina DUI.

A contested DUI case in the Charleston area can take months or longer to resolve. Your first court date depends on the court and the notice issued in your case, rather than a fixed timetable after arrest. Timelines vary by court; cases in municipal or magistrate court may proceed differently from those in General Sessions, and contested cases with motions or jury trial requests can take longer. Learn more about how an attorney can navigate your DUI case.

Generally, no. South Carolina’s PTI statute excludes DUI and DUAC charges; it also excludes traffic-related offenses punishable only by a fine or loss of points. The statute allows an exception if the solicitor determines that the elements of the crime do not fit the charge. Otherwise, a defense strategy aimed at dismissal, acquittal, or an appropriate reduction may be the way to avoid a DUI conviction. Learn more about pretrial intervention (PTI) in South Carolina.

Sometimes, but a reckless driving plea carries risks many drivers don’t know about. A second reckless driving conviction within 5 years triggers a 3-month license suspension, and the conviction can have other licensing or insurance consequences. Before accepting any plea, tell your DUI lawyer about every traffic conviction from the past 5 years so they can evaluate whether reckless driving actually helps you. Learn more about DUI versus reckless driving in South Carolina.