As Charleston DUI defense lawyers, we want our clients to know the DUI penalties in South Carolina. This article explains the criminal penalties for a South Carolina DUI, what happens to your driver’s license after a conviction, and how a breath test refusal or a high alcohol concentration changes the outcome.
Penalties depend on the offense number, whether you provided a breath sample, and the result. Depending on these factors, there are at least 10 combinations of criminal penalties. If you are an out-of-state driver, you will face the consequences described in this article and whatever consequences your home state imposes. So what are the penalties for a DUI in South Carolina?
Quick Answer: A first offense DUI in South Carolina carries a fine of $400, $500, or $1,000, depending on your alcohol concentration, or 48 hours to 90 days in jail, plus court assessments. Penalties rise sharply for second, third, and fourth offenses, which carry mandatory jail or prison time; a fourth offense carries one to seven years in prison. A conviction also triggers ignition interlock requirements, ADSAP, and license and insurance consequences.
Table of Contents
- What Are the Penalties for a First Offense DUI in South Carolina?
- What Are the Penalties for a Second Offense DUI in South Carolina?
- What Are the Penalties for a Third Offense DUI in South Carolina?
- What Are the Penalties for a Fourth or Subsequent DUI in South Carolina?
- What Happens to Your Driver’s License After a DUI Conviction?
- Are the Penalties Different If You Refused the Breath Test?
- Are DUAC Penalties the Same as DUI Penalties?
- What If There Was a Child in the Car or Someone Was Hurt?
- Can a DUI Conviction Be Expunged in South Carolina?
- How Can a Charleston DUI Lawyer Help?
What Are the Penalties for a First Offense DUI in South Carolina?
A first offense DUI is a misdemeanor, usually handled in magistrate or municipal court. The criminal penalties are set out in S.C. Code Section 56-5-2930 and increase with your alcohol concentration. If there is no qualifying alcohol concentration finding, the nonenhanced criminal sentencing tier applies; refusing a breath test can also trigger separate driver’s license consequences.
| Alcohol Concentration | Jail | Fine |
|---|---|---|
| Refusal or less than 0.10% | 48 hours to 30 days (or 48 hours of public service instead of the minimum jail term) | $400 |
| 0.10% to less than 0.16% | 72 hours to 30 days (or 72 hours of public service instead of the minimum jail term) | $500 |
| 0.16% or higher | 30 to 90 days (or 30 days of public service instead of the minimum jail term) | $1,000 |
The fine is only part of the cost. Court assessments and surcharges can substantially increase the base fine. Our article on how much a DUI costs in South Carolina explains the full financial picture.
What Are the Penalties for a Second Offense DUI in South Carolina?
A second offense within ten years carries mandatory jail time and higher fines. The judge cannot suspend the minimum jail sentence.
| Alcohol Concentration | Jail | Fine |
|---|---|---|
| Refusal or less than 0.10% | 5 days to 1 year | $2,100 to $5,100 |
| 0.10% to less than 0.16% | 30 days to 2 years | $2,500 to $5,500 |
| 0.16% or higher | 90 days to 3 years | $3,500 to $6,500 |
What Are the Penalties for a Third Offense DUI in South Carolina?
A third offense within ten years is tried in the Court of General Sessions and carries substantial mandatory jail time.
| Alcohol Concentration | Jail | Fine |
|---|---|---|
| Refusal or less than 0.10% | 60 days to 3 years | $3,800 to $6,300 |
| 0.10% to less than 0.16% | 90 days to 4 years | $5,000 to $7,500 |
| 0.16% or higher | 6 months to 5 years | $7,500 to $10,000 |
What Are the Penalties for a Fourth or Subsequent DUI in South Carolina?
A fourth or subsequent offense is a felony with mandatory prison time.
| Alcohol Concentration | Jail | Fine |
|---|---|---|
| Refusal or less than 0.10% | 1 to 5 years | None set by statute |
| 0.10% to less than 0.16% | 2 to 6 years | None set by statute |
| 0.16% or higher | 3 to 7 years | None set by statute |
What Happens to Your Driver’s License After a DUI Conviction?
Every DUI or DUAC conviction results in a license suspension that you end by enrolling in the Ignition Interlock Device Program and obtaining an ignition interlock restricted license. Every conviction also requires you to complete the Alcohol and Drug Safety Action Program (ADSAP) and to maintain proof of financial responsibility, commonly through SR-22 insurance, generally for three years.
| Offense | Ignition Interlock Requirement | SR-22 Insurance | ADSAP |
|---|---|---|---|
| First | 6 months | Generally 3 years | Required |
| Second | 2 years | Generally 3 years | Required |
| Third | 3 years (4 years if the third offense occurs within 5 years of the first) | Generally 3 years | Required |
| Fourth or subsequent | Life, subject to possible removal after 5 years from license reinstatement and every 5 years thereafter for good cause | Generally 3 years | Required |
For more on how the suspension works and when you can drive again, read our article on whether a DUI suspends your driver’s license in South Carolina. If you hold a commercial license, our article on how a DUI affects your CDL explains the additional consequences.
Are the Penalties Different If You Refused the Breath Test?
For criminal sentencing, a refusal does not by itself increase the DUI penalty to a higher alcohol concentration tier. However, refusing a breath test triggers a separate administrative suspension of your license, which begins right away and is independent of the criminal case.
You have 30 days from the notice of suspension to request a hearing to challenge that suspension. Our article on what happens if you refuse a breath test in South Carolina explains the implied consent hearing and your options.
Are DUAC Penalties the Same as DUI Penalties?
Yes. Some drivers whose alcohol concentration was 0.08% or higher are charged with driving with an unlawful alcohol concentration (DUAC) instead of DUI. While these charges require proof of different things, the criminal sentencing ranges are the same at corresponding alcohol concentration and offense levels. The refusal rows in the tables above describe DUI sentencing without an enhanced alcohol concentration finding; a DUAC charge requires proof of an alcohol concentration of at least 0.08%.
What If There Was a Child in the Car or Someone Was Hurt?
If you are 18 or older and commit DUI with a child under 16 in the vehicle, you can also be charged with child endangerment, which carries its own fine or jail time and an additional ignition interlock requirement. A DUI in which an unlawful driving act or failure to perform a legal duty proximately causes great bodily injury, or death, can be charged as felony DUI and carries mandatory prison time. Our article on felony DUI in South Carolina explains those penalties.
Can a DUI Conviction Be Expunged in South Carolina?
No. A DUI or DUAC conviction generally cannot be expunged from your criminal record under South Carolina’s expungement statutes. If the charge is dismissed or you are found not guilty, you may be able to expunge the arrest record. Our article on how to expunge a criminal record in South Carolina explains the process.
Because a conviction generally remains on your record, some people consider a plea to a lesser charge. Our article on whether you should plead a DUI down to reckless driving explains the benefits and the risks.
How Can a Charleston DUI Lawyer Help?
A DUI lawyer can review the stop, field sobriety tests, breath test procedures, and videos for issues that may lead to a reduction or dismissal. For quick answers to other common questions, read our article on what you should know about a DUI in South Carolina.
For a deeper look at South Carolina DUI law, from field sobriety tests to license suspensions and court, download our free book on DUI in South Carolina. It is available as a PDF or on Apple Books at no cost.
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.
