DUI Penalties - Johnny Gardner Law, P.A.

DUI Penalties in SC

A conviction for driving under the influence (DUI) or driving with an unlawful alcohol concentration (DUAC) in SC can have severe and sometimes permanent consequences – a DUI conviction can never be expunged, for example.

DUI offenses in South Carolina are graduated which means that the potential penalties increase based on 1) the number of prior offenses that you have and 2) your blood alcohol content (BAC) level if you took the breathalyzer or if a blood sample was taken from you.

To understand SC’s DUI penalties, you must understand that a DUI conviction carries not only the potential for prison time – and, in some cases, mandatory minimum sentences, but also license suspensions, financial consequences, and many other collateral consequences.

These are negative consequences that the cop, prosecutor, or judge will probably not tell you about when they are attempting to get you to plead guilty…

SC DUI Penalties

DUI Penalties in SC and Mandatory Minimum Sentences

Depending on the BAC and whether it is your first or subsequent DUI offense, South Carolina’s DUI penalties can include mandatory minimum jail sentences. This is one of many reasons why no one should ever plead guilty to a DUI offense at their initial bond hearing.

If you are charged with DUI first offense with a BAC greater than .15, for example, the magistrate must sentence you to jail time or a lengthy period of community service if you plead guilty at the initial hearing.

On the other hand, if you plead not guilty and retain a DUI defense lawyer to obtain the evidence and review your case, your charge could be dismissed before it gets to trial. Even in the worst of cases, there is a chance that your charges could be reduced to keep you out of jail or to avoid a DUI conviction.

DUI Penalties in SC and License Suspensions

A conviction for DUI or DUAC will also result in a license suspension (separate from and in addition to the suspension you may receive under the implied consent laws).

The length of time that your license is suspended, like the potential jail sentence, is graduated and will increase based on your BAC level and number of prior offenses.

Following a DUI conviction, you cannot regain your license until you enroll in the alcohol and drug safety action program (ADSAP), and you may also be required to install an ignition interlock device on your before you can drive again.

Financial Consequences of a DUI Conviction in SC

The financial consequences following a DUI or DUAC conviction can also be severe.

In addition to the fines that are imposed following a conviction, the driver will have to carry SR-22 insurance for a period of at least three years, pay for the ADSAP program, pay for the ignition interlock device and its monitoring, and pay reinstatement fees to the DMV.

In many cases, it is less expensive to retain a top-notch DUI defense attorney than it would be to pay the financial consequences that follow a conviction.

Collateral Consequences of a DUI Conviction in SC

There are many collateral consequences following a DUI-related conviction, including license suspensions, license revocation as a habitual traffic offender, ADSAP requirements, ignition interlock device (IID) requirements, SR-22 requirements, and more.

A DUI conviction can never be expunged under South Carolina law. Although many misdemeanor offenses in the lower courts can be expunged after three years, DUI cannot because it is classified as a traffic offense. A DUI conviction will follow you for the rest of your life.

A DUI on your record can severely limit your future job opportunities and it can even prevent travel to certain countries (including our neighbor, Canada).

Chart: DUI Penalties, Fines, Jail Time, License Suspension

Charges	Breathalyzer Result	Fines	Jail Time	License Suspension
DUI 1st Offense	< .10	Up to $400	48 hours to 30 days in jail	6 months
DUI 1st Offense	.10-.15	Up to $500	72 hours to 30 days in jail	6 months
DUI 1st Offense	>.15	Up to $1,000	30 days to 90 days in jail	Ignition Interlock Device Program
DUI 2nd Offense	<.10	$2,100-$5,100	5 days to one year in jail	Ignition Interlock Device Program
DUI 2nd Offense	.10-.15	$2,500-$5,500	30 days to two years in prison	Ignition Interlock Device Program
DUI 2nd Offense	>.15	$3,500-$6,500	90 days to three years in prison	Ignition Interlock Device Program
DUI 3rd Offense	<.10	$3,800-$6,300	60 days to three years in prison	Ignition Interlock Device Program
DUI 3rd Offense	.10-.15	$5,000-$7,500	90 days to four years in prison	Ignition Interlock Device Program
DUI 3rd Offense	>.15	$7,500-$10,000	Six months to five years in prison	Ignition Interlock Device Program
DUI 4th or Subsequent Offense	<.10		One to five years in prison	Ignition Interlock Device Program
DUI 4th or Subsequent Offense	.10-.15		Two to six years in prison	Ignition Interlock Device Program
DUI 4th or Subsequent Offense	>.15		Three to seven years in prison	Ignition Interlock Device Program
Felony DUI with Great Bodily Injury	N/A	$5100-$10,100	30 days to 15 years in prison
Felony DUI with Death	N/A	$10,100-$25,100	One year to 25 years in prison

FAQ About SC DUI Penalties

Is DUI in SC a Misdemeanor or a Felony?

DUI 1^st, 2^nd, and 3^rd offenses are misdemeanor offenses (see, SC Code Section 56-5-6190), DUI 4^th or subsequent offense is a Class F felony (see, SC Code § 16-1-90(F)), and felony DUI resulting in great bodily injury or death is a felony offense.

What Court Is My DUI Case In?

If you are charged with DUI or DUAC first offense, your case will most likely be heard in the magistrate court (if you were arrested in the county) or the municipal court (if you were arrested within city limits).

If you are charged with DUI or DUAC second, third, fourth, or subsequent offense, or felony DUI, your case will be heard in General Sessions Court for the county where you were arrested.

Can You Get My DUI Charges Dismissed?

We get many DUI and DUAC charges dismissed on behalf of our clients, others have been reduced or rewritten to a minor traffic offense as part of plea negotiations, and we have won acquittals at trial for other clients.

We cannot guarantee a result in any particular case, however – the outcome will depend on the unique circumstances of your case, including whether the officer made mistakes during the arrest, whether the videotape of the arrest is complete, your performance on the videotape, whether there were any alleged victims in the incident, and our ability to get the videotape or BAC results excluded at your trial.

What are Implied Consent Penalties?

Technically, the consequences for an implied consent violation are not “penalties.” The law considers them to be administrative in nature, which means you can be 1) “punished” for an implied consent violation and 2) punished for a DUI conviction, resulting in multiple license suspensions.