South Carolina DUI Laws

South Carolina has set the Blood Alcohol Content (BAC) levels at .08% for adult drivers of passenger cars. Enhanced sentencing, this means penalties will be more severe, are applied to drivers caught with a BAC of .15% or more. The limit for underage drivers is set at the zero tolerance level just like the majority of the other states. This means that anything over .0% is considered as drunk driving for underage drinkers. A prescription dose of over the counter cough medicine can put an individual over the limit. Commercial drivers are restricted to .04% BAC. When you are caught drinking and driving in South Carolina you will face a suspension of your driver’s license, jail time and steep fines. South Carolina considers drunk driving to be a crime.

South Carolina considers you to have agreed to the BAC tests if you are operating a motorized vehicle on South Carolina roads. Your driver’s license will be taken immediately if you refuse the test and you will have to go to court. The suspension may be for 90 days. You can be convicted of drunk driving in South Carolina without the BAC test if the arresting officer convinces the court that you were under the influence of any intoxicating substance. South Carolina also uses the per se law as their only evidence needed to convict you of a DUI. This means that the refusal to take the test or a test which comes back with a BAC of .08% or higher is all the proof the court needs to convict you. Keep in mind that South Carolina will charge you with a DUI for individuals who test with a BAC of .08%. Changes made to the law in 2008 have made the penalties more severe for drunk driving charges. The amount of time for which your license will be revoked for refusing to be tested has been increased. The car of anyone convicted of DUI will be taken and the fees to reregister the vehicle will be higher. You will also be charged for the cost of the breath test and alcohol treatment services. The penalties you receive will depend upon your BAC at the time of your arrest.



Your first DUI offense with a BAC under .10% will result in 48 hours to 30 days of jail time or 48 hours of community service. Your license will be suspended for 6 months and you will be charged a $400.00 fine. With a BAC of .10% to .16% you will have 72 hours to 30 days of jail time or 72 hours of community service. Your license will be suspended for 6 months and charged a $500.00 fine. With a BAC above .16% you will serve 30 days to 60 days of jail time or 30 days of public service employment. Your license will be suspended for 6 months and you will pay $1,000.00 in fines.

Your second DUI offense with a BAC under .10% will result in 5 days to one year of jail time. Your license will be suspended for 1 year and you will be charged $2,100.00 to $5,100.00 in fines. With a BAC of .10% to .16% you will have 30 days to 2 years of jail time. Your license will be suspended for one year and charged $2,500.00 to $5,500.00 in fines. With a BAC above .16% you will serve 90 days to 3 years of jail. Your license will be suspended for 1 year and you will pay $3,500.0 to $6,500.00 in fines. Multiple convictions may also result in the mandatory installation of the Ignition Interlock Device (IID) and participation in an alcohol treatment program. Your name will also be released to the public which may hurt your chances of continued employment.

Your third DUI offense with a BAC under .10% will result in 60 days to 3 years of jail time. Your license will be suspended for 2 years and you will be charged $3,800.00 to $6,300.00 in fines. With a BAC of .10% to .16% you will have 90 days to 4 years of jail time. Your license will be suspended for 2 years and charged $5,000.00 to $7,500.00 in fines. With a BAC above .16% you will serve 60 days to 5 years of jail. Your license will be suspended for 2 years and you will pay $7,500.0 to $10,000.00 in fines. Multiple convictions may also result in the mandatory installation of the Ignition Interlock Device (IID) and participation in an alcohol treatment program. Your name will also be released to the public which may hurt your chances of continued employment and your license may also be permanently revoked.

Your fourth DUI offense with a BAC under .10% will result in 1 to 5 years of jail time. Your license will be permanently suspended. With a BAC of .10% to .16% you will have 2 to 6 years of jail time. Your license will be permanently suspended. With a BAC above .16% you will serve 3 to 7 years of jail. Your license will be permanently suspended.