South Carolina DUI Laws, Penalties, and License SuspensionSouth Carolina drunk driving laws have become more and more complicated and the penalties are more harsh that ever. The amount of alcohol a person can consume is becoming less and the effort to crack down on DUI's is rising. Most people arrested for drunk driving have never been in trouble with the law before, this will be the first time they were handcuffed, put into the back of a police car, and tried by the state in court.
The DMV and court process is confusing and there is no room for even the slightest error. Knowing the laws, penalties, fees and process is extremely important. The biggest mistake you can make is assuming that you don't need to speak to a lawyer. DUIs are very complex and a lot is at stake. If you plead guilty to a DUI, your guilty. No reducing, no plea bargaining, just guilty. Give your case a change, talk to a lawyer. You can schedule a free, no obligation consultation with an attorney today by calling (877) 678-5640.
South Carolina Laws
The following driving actions are illegal in the State of South Carolina:
- All drivers with a BAC of .08 or higher.
- Under 21 with a BAC of .02 or higher.
- Commercial Vehicle Driver with a BAC of .04 or higher.
South Carolina Penalties
DUI fines and penalties in South Carolina vary according to the Blood Alcohol Content (BAC) of the driver when arrested. It is against the law to drive with a BAC above .08.
First DUI Conviction
- With a Blood Alcohol Content Under .10
- License Suspension - 6 Months
- Fine - $400
- Jail – Minimum of 48 Hours – Maximum of 30 Days, or
- 48 Hours of Public Service Employment
- With a Blood Alcohol Content .10 and Under .16
- License Suspension - 6 Months
- Fine - $500
- Jail – Minimum of 72 Hours – Maximum of 30 Days, or
- 72 Hours of Public Service Employment
- With a Blood Alcohol Content Above .16
- License Suspension - 6 Months
- Fine - $1,000
- Jail – Minimum of 30 Days – Maximum of 90 Days, or
- 30 Days of Public Service Employment
Second DUI Conviction
- Blood Alcohol Content Under .10
- License Suspension - 1 Year
- Fine $2,100-$5,100
- Jail – Minimum 5 Days- Maximum 1 Year
- Blood Alcohol Content .10 and Under .16
- License Suspension - 1 Year
- Fine $2,500-$5,500
- Jail – Minimum 30 Days- Maximum 2 Years
- Blood Alcohol Content Above .16
- License Suspension - 1 Year
- Fine $3,500-$6,500
- Jail – Minimum 90 Days- Maximum 3 Years
Third Drunk Driving Conviction
- Blood Alcohol Content Under .10
- License Suspension - 2 Years
- Fine $3,800-$6,300
- Jail – Minimum 60 Days- Maximum 3 Years
- Blood Alcohol Content .10 and Under .16
- License Suspension - 2 Years
- Fine $5,000-$7,500
- Jail – Minimum 90 Days- Maximum 4 Years
- Blood Alcohol Content Above .16
- License Suspension - 2 Years
- Fine $7,500-$10,000
- Jail – Minimum 6 Months - Maximum 5 Years
Fourth Drunk Driving Conviction
- Blood Alcohol Content Under .10
- Permanent License Revocation
- Jail – Minimum 1 Year - Maximum 5 Years
- Blood Alcohol Content .10 and Under .16
- Permanent License Revocation
- Jail – Minimum 2 Years - Maximum 6 Years
- Blood Alcohol Content Above .16
- Permanent License Revocation
- Jail – Minimum 3 Years - Maximum 7 Years
Multiple convictions for drunk driving may also result in a court ordered installation of an ignition interlock device on your vehicle at the convicted drivers expense. You could also face a permanent revocation of your drivers license under special circumstances. The Department of Motor Vehicles will publish and release the names of all drivers who have had their license suspended because of a DUI.
South Carolina Drivers License Issues
South Carolina's implied consent law means that any person who drives a motor vehicle on the roadways of the state is considered to have given their consent to a chemical test of their blood, breath or urine if they are detained by a peace officer who believes that the driver was driving under the influence of drugs, alcohol or both. If you refuse to submit to such a test, your drivers license will be immediately suspended for at least 90 days. In addition you can still be charged and convicted of a DUI without a chemical test if the peace officer convinces the court that you were intoxicated while operating a motor vehicle.
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