What Should You Know About a DUI in South Carolina?

As DUI lawyers in Charleston, South Carolina, we hear the same questions from clients again and again after a DUI arrest. Is it a felony? Will I lose my license? Can it be expunged? How long will the case take? Below, we answer the questions we hear most often and point you to our more detailed articles on each topic. So what should you know about a DUI in South Carolina?

Quick Answer: A first-offense DUI in South Carolina is a misdemeanor, but it carries no points, is not eligible for PTI, and cannot be expunged after a conviction. A conviction suspends your license and, for violations on or after May 19, 2024, requires six months in the Ignition Interlock Device Program, along with ADSAP and proof of financial responsibility (SR-22). A DUI that causes great bodily injury or death is a felony.

Is a DUI a Felony in South Carolina?

No, a DUI 1st offense is not a felony. A first, second, or third offense DUI is generally a misdemeanor, although the penalties increase with each offense. However, if the DUI causes great bodily injury or death, it can, and likely will, be charged as a felony, with mandatory prison time upon conviction. For more information, read our article about Felony DUI in South Carolina.

The following table gives short answers to several of the most common DUI questions in South Carolina:

How Long Does a DUI Stay on My Driving Record in South Carolina?

In South Carolina, the two types of driving records that are commonly accessed are the 3-year record and the 10-year record. A DUI within the period covered by the record may appear on it. If it is older than 10 years, then it might not be discovered from a 10-year driving record, but a DUI conviction remains on your criminal record, and under current expungement laws in South Carolina, a DUI conviction is not expugnable at any point in the future.

The age of a prior DUI also matters if you are charged again. A prior DUI violation within the ten years immediately preceding a new violation can make the new charge a second or third offense, which carries more serious penalties and a longer interlock requirement.

Can You Get PTI for DUI in South Carolina?

No. DUI and driving with an unlawful alcohol concentration (DUAC) are excluded from PTI eligibility. That means a person charged with DUI cannot resolve the case through pretrial intervention the way a person charged with many other first offenses can.

Depending on the evidence, a DUI may sometimes be resolved in other ways, such as a dismissal, an acquittal at trial, or a negotiated plea to a lesser charge. Our article on whether you should plead a DUI down to reckless driving explains the benefits and the risks of that option.

Can You Lose Your License for DUI 1st in South Carolina?

Yes. A first-offense DUI or DUAC conviction results in a driver’s license suspension. For a violation that occurred on or after May 19, 2024, you must enroll in South Carolina’s Ignition Interlock Device Program and obtain an ignition interlock restricted license to end that suspension. The device is required for six months. A provisional license is not available for these newer violations.

A separate suspension can occur immediately after an arrest if you refuse chemical testing or have an alcohol concentration of 0.15 percent or more. You may be able to challenge that suspension at an implied consent hearing and obtain a Temporary Alcohol License while the hearing is pending. That temporary license is different from the former provisional license available after certain convictions.

How Many Points Is a DUI in South Carolina?

A DUI does not carry any driving-record points. It has its own set of rules that govern whether you get suspended, so driving-record points don’t matter with DUI. Points do matter, however, if a DUI is resolved by a plea to another traffic offense. For example, a reckless driving conviction adds 6 points under the South Carolina driving points system.

Is There a Statute of Limitations for DUI in South Carolina?

Technically, the answer is no. South Carolina does not have a general statute of limitations for prosecuting criminal offenses. However, a delay between driving and an investigation can make a DUI harder to prove, because the State must prove that you were impaired at the time you drove.

We have seen situations where a person drives away from an accident thinking they can sober up before they are caught. Unfortunately for these people, they can still be charged with leaving the scene of an accident, which can carry stiff jail sentences if someone was seriously injured or killed.

How Long Does a DUI Case Take in South Carolina?

It depends on the court. The first court date may come within a month or two of the arrest. If the DUI is contested, some courts take care of them within a few months, while some can go well over a year. First-offense DUIs are often handled in magistrate or municipal court. A second-offense DUI may be heard there if its maximum sentence falls within the court’s jurisdiction; other second-offense cases, third-offense cases, and felony DUI cases are handled in the Court of General Sessions, which often takes longer.

The schedule can also depend on discovery, including the incident site and breath test site videos, and on whether a separate implied consent hearing is pending with the DMV.

What Are the Penalties for DUAC in South Carolina?

They are the same as DUI penalties in South Carolina. DUAC (driving with an unlawful alcohol concentration) requires proof that you drove with an alcohol concentration of 0.08% or more, usually from a breath test, rather than proof that your faculties were impaired. As with DUI, the penalties increase with higher alcohol concentrations and with prior offenses. For more information, read our article about the penalties for a DUI in South Carolina.

Can a DUI Be Expunged From My Record in South Carolina?

Under current expungement laws in South Carolina, you cannot expunge a DUI conviction at any point in the future. However, if your DUI charge is dismissed, or you are found not guilty, you may be able to have the arrest record expunged. Our article on expungement in South Carolina explains which records can be cleared and how the process works.

How Long Does ADSAP Last in South Carolina?

ADSAP (South Carolina Alcohol and Drug Safety Action Program) initially schedules you for an assessment. At the assessment, they determine how long you will be in the program. The most common plan we see requires enrollment, an assessment, and then one class a week for eight weeks. Sometimes, a person may be required to go for 12 or more weeks.

We have seen instances where a person goes on both Saturdays and Sundays, so they go twice a week but cut the total time in half. We cannot give a firm answer because it’s completely up to ADSAP. ADSAP is one of several expenses described in our article on how much a DUI costs in South Carolina.

Does a DUI or DUAC Show Up on a Background Check in South Carolina?

The South Carolina Law Enforcement Division (SLED) maintains criminal backgrounds. If you are arrested and fingerprinted, then the charge will likely show up on your SLED record. If your DUI charge is changed to DUAC, do not assume the new charge or its disposition will be absent from a background check; what appears depends on how the case is reported and which records the check searches.

A DUI or DUAC conviction may also appear on your driving record, which many employers and insurance companies review.

How Much Does SR-22 Insurance Cost?

Courts don’t set this number. Insurance companies set it, and their quotes are based on a series of factors, not just a DUI or DUAC conviction. So, we can’t quote the insurance companies. After a qualifying DUI conviction, you generally must maintain SR-22 proof of insurance for three years, and many drivers see their premiums increase significantly during that time. Our article on DUI costs discusses typical insurance increases.

Can You Get a Provisional License for a DUI in South Carolina?

For a first-offense DUI or DUAC violation that occurred on or after May 19, 2024, the answer is no. South Carolina no longer issues a provisional license for those violations. After a conviction, the law instead requires enrollment in the Ignition Interlock Device Program and an ignition interlock restricted license. The device is required for six months for a first offense.

A provisional license may still be available for an eligible first-offense violation that occurred before May 19, 2024, subject to the DMV’s requirements. A Temporary Alcohol License while an implied consent hearing is pending is a separate type of license.

Can I Still Get a DUI if I Refused the Breathalyzer Test in South Carolina?

Yes. While blood-alcohol concentration is one piece of evidence that can be used to convict you, even if you don’t provide a breath sample, police can still submit other evidence. Some examples are testimony of the odor of alcohol or slurred speech, descriptions or video of failed field sobriety tests, and admissions to drinking by the defendant.

Refusing the test also has its own consequences. Your refusal can be used against you in court, and it triggers a separate license suspension. You must request a contested case hearing within 30 days of the notice of suspension if you want to challenge it.

How Can a Charleston DUI Lawyer Help With Your Case?

Every DUI case turns on its own facts, including the reason for the stop, the field sobriety tests, the breath test procedures, and the videos. A DUI lawyer can review that evidence, challenge any problems, protect your license at an implied consent hearing, and explain your options before you decide how to resolve the case.

The attorneys at Futeral & Nelson have defended DUI cases in Charleston, Mount Pleasant, North Charleston, Summerville, and throughout the Lowcountry since 2003. Call us at 843-284-5500 to discuss your case and your options.