As DUI lawyers in Mount Pleasant, South Carolina, we want our clients to know exactly the penalties and consequences they may face for getting a DUI. In this article, we explain the criminal penalties for a South Carolina DUI, suspension of your driver’s license, and penalties if you refuse to submit to a breath test.
What are the Criminal Penalties and Fines for a DUI in South Carolina?
DUI First Offense – A fine not less than $400 or imprisoned not less than forty-eight hours nor more than 30 days. If your alcohol concentration is at least 0.10% but less than 0.16%, then you will be subject to a higher fine or be imprisoned not less than seventy-two hours nor more than 30 days. If your alcohol concentration is 0.16% or greater, then you will be subject to an even higher fine or be imprisoned not less than 30 days nor more than 90 days. In lieu of the minimum imprisonment requirements, the court may provide for public service employment of equal duration.
DUI Second Offense – A fine of not less than $2,100 nor more than $5,100 and imprisonment for not less than five days nor more than one year. If your alcohol concentration is at least 0.10% but less than 0.16%, then your fine will be not less than $2,500 nor more than $5,500 and imprisonment for not less than 30 days nor more than two years. If your alcohol concentration is 0.16% or greater, then your fine will be not less than $3,500 nor more than $6,500 and imprisonment for not less than 90 days nor more than three years.
DUI Third Offense – A fine of not less than $3,800 nor more than $6,300 and imprisonment for not less than 60 days nor more than three years. If your alcohol concentration is at least 0.10% but less than 0.16%, then your fine will be not less than $5,000 nor more than $7,500 and imprisonment for not less than 90 days nor more than four years. If your alcohol concentration is 0.16% or greater, then your fine will be not less than $7,500 nor more than $10,000 and imprisonment for not less than six months nor more than five years.
DUI Fourth Offense or Greater – Imprisoned for not less than one year nor more than five years. If your alcohol concentration is at least 0.10% but less than 0.16%, then you will be imprisoned for not less than two years nor more than six years. If your alcohol concentration is 0.16% or greater, then you will be imprisoned for not less than three years nor more than seven years.
Driving With An Unlawful Alcohol Concentration – Same penalties as DUI above.
What are Happens to My Driver’s License for a DUI in South Carolina?
In addition to the fines and sentences listed above, a DUI, a refusal to submit to tests, or certain BAC levels will result in the suspension of driving privileges for a period of time.
A conviction for DUI 1st Offense – Driving privileges are suspended for six months. To reinstate driving privileges, the driver must obtain SR-22 insurance for 3 years (at a substantially higher rate than normal insurance premiums).
A conviction for DUI 2nd Offense – Driving privileges are suspended for one year. To reinstate driving privileges, the driver must obtain SR-22 insurance for 3 years (at a substantially higher rate than normal insurance premiums).
A conviction for DUI 3rd Offense – Driving privileges are suspended for two years. If the third offense occurs within five years of the first offense, driving privileges are suspended for four years. If the third or subsequent offense occurs within 10 years of the first offense, the vehicle used must be confiscated if the offender is the owner or a resident of the household of the owner.
A conviction for DUI 4th Offense – Driving privileges are forever revoked.
Refusal to Submit to Testing (DUI 1st) – Six-month suspension (regardless of whether the driver is convicted of DUI). A driver may challenge the suspension by requesting, within 30 days, an “administrative hearing.” Pending this hearing, the driver may obtain a temporary license. To obtain a temporary license, the driver must, within 30 days, request an administrative hearing (the cost of which is $150). SR-22 Insurance is not required after suspension.
Refusal to Submit to Testing (DUI 2nd within 10 years) – Nine-month suspension (regardless of whether the driver is convicted of DUI). A driver may challenge the suspension by requesting, within 30 days, an “administrative hearing.” SR-22 Insurance is not required after suspension.
Refusal to Submit to Testing (DUI 3rd within 10 years) – Twelve-month suspension (regardless of whether the driver is convicted of DUI). A driver may challenge the suspension by requesting, within 30 days, an “administrative hearing.” SR-22 Insurance is not required after suspension.
Refusal to Submit to Testing (DUI 4th within 10 years) – Fifteen-month suspension (regardless of whether the driver is convicted of DUI). A driver may challenge the suspension by requesting, within 30 days, an “administrative hearing.” SR-22 Insurance is not required after suspension.
BAC Equal to or Greater than .15 (DUI 1st) – 30-day suspension (regardless of whether the driver is convicted of DUI). A driver may challenge the suspension by requesting, within 30 days, an “administrative hearing.” Pending this hearing, the driver may obtain a temporary license. SR-22 Insurance is not required after suspension.
BAC Equal to or Greater than .15 (DUI 2nd within 10 years) – Two-month suspension (regardless of whether the driver is convicted of DUI). A driver may challenge the suspension by requesting, within 30 days, an “administrative hearing.” Pending this hearing, the driver may obtain a temporary license. SR-22 Insurance is not required after suspension.
BAC Equal to or Greater than .15 (DUI 3rd within 10 years) – Three-month suspension (regardless of whether the driver is convicted of DUI). A driver may challenge the suspension by requesting, within 30 days, an “administrative hearing.” Pending this hearing, the driver may obtain a temporary license. SR-22 Insurance is not required after suspension.
BAC Equal to or Greater than .15 (DUI 4th within 10 years) – Four-month suspension (regardless of whether the driver is convicted of DUI). The driver may challenge the suspension by requesting, within 30 days, an “administrative hearing.” Pending this hearing, the driver may obtain a temporary license. SR-22 Insurance is not required after suspension.
Temporary and Restricted Licenses – A temporary alcohol restricted license allows the person to drive pending the outcome of the administrative hearing. To get such a license you must request an administrative hearing from the DMV within 30 days of the notice of suspension. The statute states that such license shall be without any restrictive conditions; however, the Department of Motor Vehicles provides that you may not drive outside of the State of South Carolina.
If the suspension is upheld at the administrative hearing, the temporary alcohol restricted license remains in effect until the Department issues the hearing officer’s decision and sends notice to the person that the license is suspended. Afterward, the driver may apply for a special restricted driver’s license if the driver is employed or enrolled in a college or university. The special restricted license permits driving only to and from work and school and in the course of work or school. To obtain this “route restricted” driver’s license, the driver must also show the Department that work or school is further than one mile from the driver’s home and that there is no adequate public transportation in between.
If the suspension is overturned at the administrative hearing, the person shall have his driver’s license reinstated.
