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SC DUI Laws

SC DUI laws include several different types of DUI offenses, each with different elements – what needs to be proven for a conviction – and different degrees of punishment.

The most common impaired driving offense in SC DUI laws is “traditional” driving under the influence (DUI). In a traditional DUI case, the state must prove 1) that you were driving and 2) that your ability to drive was materially and substantially impaired by alcohol or drugs.

Despite what you see in television ads or billboards paid for by the state and by special interest groups, it is not illegal in South Carolina to drink and drive.

If you have been charged with DUI, the state must prove beyond a reasonable doubt that, while driving, you were intoxicated to the point that your ability to drive was materially and substantially impaired.

Other commonly charged DUI-related offenses found in SC DUI laws include DUAC (driving with an unlawful alcohol concentration), felony DUI, and implied consent violations.

SC DUI laws

SC DUI Laws

Learn about South Carolina DUI Laws and Penalties

DUI
DUAC
Felony DUI
Implied Consent
DUI Penalties in SC
Mandatory Minimums
License Suspensions
Financial Consequences
Collateral Consequences
DUI Penalties Chart

Driving Under the Influence (DUI) in SC

SC’s driving under the influence law is found in SC Code Section 56-5-2930. The state must prove that a defendant was:

  1. Driving a motor vehicle within the State,
  2. While under the influence of alcohol or other drugs,
  3. To the extent that their faculties to drive are materially and appreciably impaired.

How do they prove DUI?

The state will typically attempt to prove a DUI offense with breathalyzer or blood test results, the arresting officer’s testimony about any field sobriety tests that were conducted on the roadside, the officer’s testimony as to their observations, the officer’s dashcam video and bodycam videos, eyewitness testimony, and any incriminating statements that you made.

Unless it is excluded from evidence, the prosecutor will show the roadside video to jurors – which could be helpful to your case or could be damaging to your case, depending on how you performed and whether there is a reasonable explanation for poor performance.

In drug cases, the state will ordinarily have to bring a toxicologist to testify as to the levels of drugs that were found in the blood sample and what their effects on the body would be at those levels.

Driving with an Unlawful Alcohol Concentration (DUAC)

Driving with an unlawful alcohol concentration (DUAC) is South Carolina’s per se statute, found in SC Code Section 56-5-2933.

Although other evidence of intoxication is still admissible in a DUAC case, the state only needs to prove that your blood alcohol content (BAC) is .08 or greater to get a conviction.

This means that, if you refuse the breathalyzer or blood tests, you won’t be charged with DUAC. If you are charged with DUAC, the same defenses that apply to a traditional DUI are still available to you. You can still challenge the admissibility and the accuracy of the breath or blood test results, you can introduce evidence of sobriety, and the videotaping requirements still apply.

In many DUAC cases, “the fight” is in getting your BAC (blood alcohol content) test results excluded from trial or challenging the reliability and accuracy of the BAC results, which may require expert witnesses on both sides of the case.

Felony DUI in SC

When great bodily injury or death results from an accident involving a person who is under the influence of alcohol or drugs, they will be charged with felony DUI resulting in great bodily injury or felony DUI resulting in death, found in SC Code Section 56-5-2945.

To get a conviction, the prosecutor must prove that the defendant:

  1. Caused great bodily injury or death to another person,
  2. While committing “any act forbidden by law or neglect[ed] any duty imposed by law,”
  3. While driving a motor vehicle,
  4. While under the influence of alcohol or drugs.

These are emotionally charged cases that can often result in lengthy prison sentences. A felony DUI defense lawyer must understand the dynamics of a case where there are angry and grieving victims or victims’ families – a dynamic that often will determine the prosecutor’s approach to the case.

The attorney must be prepared to deal with potential media coverage which will almost always be negative for the defense, and there will usually be the added dynamic of an injury or wrongful death suit that will be filed in civil court.

Implied Consent Hearings in SC

According to SC Code Section 56-5-3950, we all consent to give a breath, urine, or blood sample to police when we drive a motor vehicle in the State of South Carolina.

Of course, you didn’t consent to any such thing, and neither did I. You can “revoke” the consent, but, if you refuse to take the breathalyzer after a DUI arrest, your license will be automatically suspended under SC’s implied consent law.

If you do take the breathalyzer and the result is .15 or greater, your license is still suspended, although it will be for a shorter length of time.

You have 30 days from the date of your arrest to request an implied consent hearing, also called a DUI administrative hearing, to ask an administrative hearing officer to rescind the suspension and restore your license.

FAQ About SC DUI Laws

Should I Refuse the Breathalyzer?

You have the right to refuse the breathalyzer, and, in most cases, it is in your best interest to refuse. You may be arrested and the refusal itself may have consequences such as an immediate license suspension. Despite this, you will most likely have a better case when it is time to appear in court.

Do I Have to Request a Jury Trial in Writing?

If you are charged with DUI or DUAC first offense in SC’s magistrate or municipal courts, you will need to request a jury trial in writing before your initial court date found on your blue ticket.

If you are charged with DUI or DUAC second, third, fourth, or subsequent offense, or felony DUI, your case will be in General Sessions Court. You will not need to request a jury trial in writing, but you will have two roll call dates that you must attend – unless your attorney gets you excused, they will issue a bench warrant for your arrest if you miss these court dates.

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’s the Difference Between DUI and DUAC?

DUI requires proof that your ability to drive was materially and appreciably impaired – regardless of the breathalyzer result.

DUAC requires proof that your BAC was .08 or greater – regardless of whether your ability to drive was materially and appreciably impaired.

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…

dui penalties in sc

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

Will I go to Jail if I am Convicted of DUI?

All driving under the influence offenses carry potential jail time, and most DUI offenses have some amount of mandatory jail time.

This is just one reason why you should 1) never plead guilty to DUI at your bond hearing and 2) talk to your DUI attorney immediately after your arrest.

Is DUI in SC a Misdemeanor or a Felony?

DUI 1st, 2nd, and 3rd offenses are misdemeanor offenses (see, SC Code Section 56-5-6190), DUI 4th 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.

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.