SC DUI Laws: Charges, Penalties, Consequences

The fines, penalties, and jail time for a DUI conviction in South Carolina (SC) can be severe.

A DUI conviction in SC stays on your record permanently—it cannot be expunged.

While there are potential ways to challenge a DUI charge or reduce penalties, it’s essential to fully understand the consequences of a DUI conviction and how it can impact your life.

This article covers the key points related to DUI charges and the consequences of a conviction in SC, including:

• DUI Charges in SC (1st, 2nd, 3rd, and 4th/subsequent offenses)
• DUI fines, penalties, and jail time
• DUAC (Driving with an Unlawful Alcohol Concentration) Charges
• When a DUI becomes a felony in SC
• Ignition Interlock Device requirements
• How prior convictions affect new charges

DUI Charges in SC

South Carolina has various DUI-related offenses, but the most common are:

1. Driving Under the Influence (DUI)
2. Driving with an Unlawful Alcohol Concentration (DUAC)
3. Felony DUI

To secure a DUI conviction, the state must prove the following elements beyond a reasonable doubt:

1. You were driving a motor vehicle in SC.
   Even if the car is running, it’s not enough to be in the driver’s seat. Evidence must show that you were driving—this could be through an officer’s testimony, a witness, or your own admission.
2. You were under the influence of alcohol, drugs, or both.
   This applies whether the drugs were prescribed or over-the-counter, as long as they impair your ability to drive.
3. Your ability to drive was materially and appreciably impaired.
   The critical issue is not the amount of alcohol consumed but whether your impairment affected your driving ability.

The penalties for DUI convictions increase with each prior conviction. Contact a South Carolina DUI attorney right away, especially if this is your first offense, to avoid compounding the consequences.

DUI Offenses and Penalties

First Offense DUI

• BAC < .10%: Fine up to $400, 48 hours to 30 days in jail, 6 months with an Ignition Interlock Device (IID), and 6 months of license suspension.
• BAC .10%-.15%: Fine up to $500, 72 hours to 30 days in jail, and the same IID and license suspension as above.
• BAC > .15%: Fine up to $1,000, 30 to 90 days in jail, and the same IID and license suspension.

Second Offense DUI

• BAC < .10%: Fine of $2,100-$5,100, 5 days to 1 year in jail, 2 years with an IID, and 2 years of license suspension.
• BAC .10%-.15%: Fine of $2,500-$5,500, 30 days to 2 years in jail, and the same IID and license suspension as above.
• BAC > .15%: Fine of $3,500-$6,500, 90 days to 3 years in jail, and the same IID and license suspension.

Third Offense DUI

• BAC < .10%: Fine of $3,800-$6,300, 60 days to 3 years in jail, 3 years with an IID (4 years if within 5 years of the 2nd offense), and 3 years of license suspension.
• BAC .10%-.15%: Fine of $5,000-$7,500, 90 days to 4 years in jail, and the same IID and license suspension.
• BAC > .15%: Fine of $7,500-$10,000, 6 months to 5 years in jail, and the same IID and license suspension.

Fourth Offense and Subsequent DUIs

• BAC < .10%: 1-5 years in jail, lifetime IID requirement, and lifetime license suspension.
• BAC .10%-.15%: 2-6 years in jail, lifetime IID requirement, and lifetime license suspension.
• BAC > .15%: 3-7 years in jail, lifetime IID requirement, and lifetime license suspension.

DUAC Charges

DUAC, or Driving with an Unlawful Alcohol Concentration, differs from DUI but carries similar penalties. The key distinction is that the state must have a blood alcohol test result to proceed with a DUAC charge. Without it, the case cannot move forward.

• If your attorney can suppress the blood alcohol results, the state cannot prove its case.
• The state might need an expert witness to counter your defense on the accuracy of the testing machine.
• If the blood alcohol result is .08 or greater, the state does not need to prove impairment—only that your BAC was .08 or above.

Felony DUI

A DUI becomes a felony if your actions cause serious injury or death while driving under the influence. The penalties depend on the severity of the injuries:

• Great Bodily Injury: Mandatory fine of $5,100-$10,100 and 30 days to 15 years in prison.
• Death: Mandatory fine of $10,100-$25,100 and 1 to 25 years in prison.

Prior Convictions and Consequences

South Carolina has a ten-year lookback period for DUI convictions, meaning any conviction within the past ten years will count against you for new charges.

Ignition Interlock Device Requirements

Starting May 19, 2024, all first-time DUI offenders must install an Ignition Interlock Device (IID). This requirement might seem harsh but could allow you to get back on the road sooner.

Final Thoughts

A DUI conviction in SC is permanent and comes with severe consequences. Accumulating multiple traffic offenses, including DUIs, can lead to being declared a habitual traffic offender, resulting in the permanent loss of your driving privileges.

Don’t let this happen to you!

Contact a South Carolina DUI defense attorney immediately to protect your rights and explore your options for reducing or dismissing the charges against you.

Take Control of Your Future—Get Skilled DUI Defense Today

Don’t let a DUI conviction define your future. The consequences are serious, but you don’t have to face them alone. Protect your rights and your future by securing experienced legal representation.

Call Kent Collins today at 803-808-0905, or contact us online to schedule a confidential consultation. Take the first step towards defending your freedom and getting your life back on track.