How Much Does a DUI Cost in South Carolina?

We are often asked how much a DUI costs in South Carolina. The honest answer is that the fine is only a small part of it. Between court costs, license fees, the Alcohol and Drug Safety Action Program (ADSAP), an ignition interlock device, higher insurance premiums, and legal fees, a DUI can cost thousands of dollars, and some of those costs apply even if you are never convicted. Our Charleston DUI defense lawyers break down the real costs of a DUI in South Carolina so you know what to expect and why fighting the charge can make financial sense.

Of course, the least expensive DUI is the one that never happens. Arrange for a designated driver, call a ride service, or stay where you are. So how much does a DUI really cost in South Carolina?

Quick Answer: A first-offense DUI in South Carolina often costs more than $8,000 once all the expenses are added up. A $400 base fine typically becomes about $992 after court assessments, and other common costs include ignition interlock fees, ADSAP, a license reinstatement fee, three years of SR-22 insurance, and attorney fees that generally range from about $3,000 to $7,000. Second and third offenses cost significantly more.

How Much Does a DUI Cost in South Carolina?

The total cost of a DUI depends on whether it is a first or later offense, your breath test result, whether you refused the test, how your case is resolved, and your insurance history. The following table summarizes the most common costs for a first-offense DUI conviction in South Carolina:

These are general estimates. Your actual costs may be higher or lower, and some costs, such as the hearing fee and temporary alcohol license, apply only in certain situations. For a full explanation of the criminal penalties, see our article on DUI penalties in South Carolina.

How Much Is the Fine for a DUI in South Carolina?

The base fine for DUI and Driving With an Unlawful Alcohol Concentration (DUAC) depends on the offense number and, when it is established, your alcohol concentration. A first offense carries a $400 fine, which increases to $500 at 0.10 to less than 0.16 percent and $1,000 at 0.16 percent or more.

A second offense carries a fine of $2,100 to $5,100, and a third offense carries a fine of $3,800 to $6,300, with higher ranges at the elevated alcohol levels. For more on how your result affects the fine, see our article on whether a DUI breath test can be wrong in South Carolina.

The base fine is not what you actually pay. South Carolina adds court assessments and surcharges to DUI fines imposed upon conviction. The following table shows how a $400 first-offense fine grows in magistrate or municipal court when a chemical test was given:

If a first-offense case is heard in general sessions court instead, the court surcharge is $100 rather than $25, but the $12 first-offense DUI assessment applies only in magistrate or municipal court; the corresponding total is $1,055 if a chemical test was given. A first-offense fine cannot be suspended, and at least $1,100 of a second-offense fine cannot be suspended.

What Does It Cost to Get Out of Jail After a DUI Arrest?

After a DUI arrest, a judge will hold a bond hearing. Some people receive a personal recognizance (PR) bond, which means they do not have to pay money to be released. Others receive a surety bond, which requires either posting the full amount or paying a bondsman a fee, often around 10 percent of the bond amount. For example, on a $1,000 surety bond, you might pay a bondsman about $100.

Unless you were arrested in your driveway, the police will probably tow your car. Towing companies charge a release fee, and storage charges usually increase for each day the car stays on the lot, so it is important to retrieve it as quickly as possible.

What Are the Driver’s License Costs After a DUI?

If you refused the breath test, or if your result was 0.15 percent or more, your license was suspended at the time of your arrest under the implied consent law. Challenging that suspension and getting back on the road involves several fees:

• Implied consent hearing: $200 to request a contested case hearing before the Office of Motor Vehicle Hearings (Section 56-5-2952).
• Temporary alcohol license: $100 for a license that lets you drive while your hearing is pending, which is refunded if the suspension is overturned (Section 56-5-2951).
• License reinstatement: $100 for each suspension on your record that has not been reinstated (Section 56-1-390), so a person with more than one suspension may owe more than one fee.
• Ignition interlock restricted license: $100 for the DMV’s interlock license (Section 56-1-400).

For more on how license suspensions work, see our articles on what happens if you refuse a breath test in South Carolina and whether a DUI suspends your driver’s license in South Carolina.

How Much Does ADSAP Cost in South Carolina?

If you are convicted of DUI or DUAC, or if you lose your implied consent hearing or do not request one, you must enroll in and complete the Alcohol and Drug Safety Action Program (ADSAP). There is no single statewide price. The cost depends on the services recommended in your individual education or treatment plan, but the statute caps the fees at $500 for education, $2,000 for treatment, and $2,500 total. A person cannot be denied ADSAP services solely because they cannot pay; instead, the statute provides 50 hours of community service arranged by the program.

How Much Does an Ignition Interlock Device Cost?

Under current South Carolina law, a first DUI or DUAC conviction requires six months in the ignition interlock program, even without a breath test result of 0.15 percent or more. The period is two years for a second offense, three years for a third offense (or four years if the third offense occurs within five years of the first), and life for a fourth or subsequent offense, subject to the statute’s removal procedure.

The driver pays for the device. The statute does not set a statewide price, and costs vary by provider and vehicle. For example, Intoxalock’s South Carolina pricing page lists a monthly lease fee of $88.49 plus a $30 monthly state fee, which works out to roughly $120 per month before installation and other charges.

Over the six months required for a first offense, that adds up to more than $700. The device must be inspected every 60 days, and the state fee funds the Ignition Interlock Device Fund, which may help pay for the device for drivers who qualify as indigent. To learn how the program works, see our article on the South Carolina ignition interlock device program.

How Much Will a DUI Raise Your Car Insurance?

For many people, higher insurance premiums are the highest cost of a DUI. After a DUI conviction, South Carolina generally requires you to maintain proof of financial responsibility, known as an SR-22, for three years (Sections 56-9-500 and 56-9-620). An implied consent suspension by itself does not trigger this requirement.

According to Insurance.com’s analysis of South Carolina rates, full coverage insurance for a driver with a clean record averages about $2,009 per year, compared with about $2,988 per year after one DUI, an increase of about $979. Over the three years of an SR-22 requirement, that difference alone can approach $3,000, and rates are even higher for drivers with more than one DUI or for young drivers. Your actual rates depend on your insurer, your age, and your driving history, so it pays to compare quotes.

How Much Does a DUI Lawyer Cost in South Carolina?

If you decide to fight the DUI, attorney fees will likely be one of your larger expenses. In South Carolina, DUI attorney fees generally range from about $3,000 to $7,000, depending on the lawyer’s experience and the case’s complexity. Some lawyers charge less and some charge more. As we explain in our article on what is a reasonable legal fee in South Carolina, the lowest fee is not always the best value.

There may also be case costs. For example, your lawyer may order your official driving record, and in some cases it may be beneficial to hire an expert witness, such as a toxicologist or a former breath test operator, to testify on your behalf. An expert can cost more than $5,000. A good lawyer can also help you avoid many of the other costs in this article by winning a dismissal, keeping evidence out, or negotiating a better outcome.

Does Pleading to Reckless Driving Cost Less Than a DUI?

Often, yes. Some DUI cases are resolved by a plea to reckless driving in exchange for dismissal of the DUI. The fine for reckless driving, including court costs, is often around $445, which is less than half of a first-offense DUI fine with assessments.

A reckless driving conviction does not carry the DUI requirements for ADSAP or an ignition interlock device. However, it still adds points to your driving record; it will likely raise your insurance rates, and it can count toward habitual offender status. For more on this choice, see our article on DUI versus reckless driving in South Carolina.

What Are the Hidden Costs of a DUI?

Some of the highest costs of a DUI never appear on a bill. You will likely miss work to attend court, meet with your lawyer, and complete ADSAP, and you may lose wages as a result.

A DUI can also affect your current job, cost you a promotion, or make it harder to find a new job, especially if you drive for a living or hold a commercial driver’s license. During a suspension, you may also need to pay for rides to work, school, and other obligations. For many people, these indirect costs add up to more than the fines and fees combined.

For quick answers to other common questions, read our article on what you should know about a DUI in South Carolina.

How Can a Charleston DUI Lawyer Help?

The best way to reduce DUI costs is to fight the charge effectively from the start. The attorneys at Futeral & Nelson have defended DUI cases in Charleston, Berkeley, and Dorchester Counties since 2003. We can request a hearing to challenge your license suspension before the deadline passes, investigate the stop, the breath test, and the video, and work toward a dismissal or a resolution that limits the financial impact on you and your family. For more information about DUI defense, you can also download our free book on DUI in South Carolina.

If you have been charged with DUI in Charleston or anywhere in the Lowcountry, call us at 843-284-5500 or contact our Charleston DUI defense lawyers at Futeral & Nelson, LLC today to discuss your case.