In this article, we will take a look at:
- The potential penalties for driving under the influence charges in SC,
- The increased penalties for Felony DUI in SC,
- Implied consent penalties in SC, and
- License suspensions due to DUI charges in SC.
Penalties for Driving Under the Influence in SC: More Than Just Jail and Fines
DUI penalties in SC include much more than jail time and a fine – you may be looking at:
- Jail or prison time,
- Substantial fines,
- Community service,
- ADSAP requirements,
- Ignition interlock device (IID) requirements,
- SR-22 insurance continuously for three years (and for longer if your insurance lapses even once),
- The associated fees and costs for all of the above, and
- A permanent criminal record that cannot be expunged.
We will go over the potential penalties for DUI below, but keep in mind that you could be facing increased penalties due to other factors, such as prior DUI convictions, your BAC (blood alcohol level) at the time of arrest, Implied Consent violations (whether you refused the breathalyzer), and if you were charged with Felony DUI as opposed to “regular DUI.”
DUI Penalties in SC: Jail Time, License Suspensions & Other Consequences
The potential DUI penalties in SC for DUI 1st, 2nd, 3rd, and 4th or subsequent DUI convictions, including the BAC level, whether it is a felony or misdemeanor, the potential jail time, the potential fine, and whether there is a license suspension or mandatory ignition interlock device (IID) requirement, are outlined in the chart below.
| Charge of DUI or DUAC | BAC Level | Offense Classification | Penalty
(does not include court costs and assessments) |
Mandatory IID | License Suspension |
| 1st Offense | < .10% | misdemeanor | Fine = $400
OR Jail = 48 hours to 30 days |
None | 6 months |
| 1st Offense | .10-.15% | misdemeanor | Fine = $500
OR Jail = 72 hours to 30 days |
BAC .15% or more requires 6 successful months | Depends on BAC:
.10-.14% = 6 months .15 % or more = indefinite suspension with IID |
| 1st Offense | >.15% | misdemeanor | Fine = $1,000
OR Jail = 30 to 90 days |
6 successful months to get license back | Can only drive pursuant to the Ignition Interlock Device Program |
| 2nd Offense | <.10% | misdemeanor | Fine = $2,100-$5,100
AND Jail = 5 days to 1 year |
2 years | Can only drive pursuant to the Ignition Interlock Device Program |
| 2nd Offense | .10-.15% | misdemeanor | Fine = $2,500-$5,500 (can’t be suspended lower than $1,100)
AND Jail = 30 days to 2 years |
2 years | Can only drive pursuant to the Ignition Interlock Device Program |
| 2nd Offense | >.15% | misdemeanor | Fine = $3,500-$6,500 (can’t be suspended lower than $1,100)
AND Jail = 90 days to 3 years |
2 years | Can only drive pursuant to the Ignition Interlock Device Program |
| 3rd Offense | <.10% | misdemeanor | Fine = $3,800-$6,300
AND Jail = 60 days to 3 years |
3 years | Can only drive pursuant to the Ignition Interlock Device Program |
| 3rd Offense | .10-.15% | felony | Fine = $5,000-$7,500
AND Jail = 90 days to 4 years |
3 years | Can only drive pursuant to the Ignition Interlock Device Program |
| 3rd Offense | >.15% | felony | Fine = $7,500-$10,000
AND Jail = 6 months to 5 years |
3 years – or If the 1st conviction occurs within 5 years then 4 years IID | Can only drive pursuant to the Ignition Interlock Device Program |
| 4th or Subsequent Offense | <.10% | felony | Jail = 1-5 years | Life | Can only drive pursuant to the Ignition Interlock Device Program |
| 4th or Subsequent Offense | .10-.15% | felony | Jail = 2-6 years | Life | Can only drive pursuant to the Ignition Interlock Device Program |
| 4th or Subsequent Offense | >.15% | felony | Jail = 3-7 years | Life | Can only drive pursuant to the Ignition Interlock Device Program |
Additional DUI Penalties in SC: Prior Convictions, BAC, Implied Consent & Felony DUI’s
The potential penalties for a DUI conviction in SC depend on how many prior DUI convictions you have, what your blood alcohol content (BAC) was at the time of your arrest, and whether you were charged with an “ordinary” DUI offense or “felony DUI.”
In addition to potential jail time and fines, there are additional penalties for an implied consent violation that are separate from the DUI charges, and there are other negative consequences of which the court may not inform you.
Prior DUI Convictions
For an “ordinary” DUI charge in SC, the most important factor in the severity of the penalty is how many times you have been convicted for DUI or DUAC in the last ten years.
Each time you are convicted of DUI, the penalties and mandatory minimum jail sentences increase substantially. For example, if you are charged with DUI 1st offense with a BAC of .10%, you are looking at a mandatory minimum of 72 hours and up to 30 days in jail.
On the other hand, if you have three prior convictions for DUI and you’ve just been arrested for a DUI 4th offense with a BAC of .20%, you are now charged with a felony that carries a mandatory minimum of three years and up to seven years in prison.
Blood Alcohol Content
In addition to the number of prior DUI convictions, your BAC at the time of your arrest has a substantial impact on the potential penalties that you will face if convicted.
For example, if you are charged with a DUI 1st offense and you refused the breathalyzer test, you are looking at a minimum of 48 hours and up to 30 days in jail. If you took the Datamaster test, however, and your result was .15%, you are now looking at a minimum of 30 days and up to 90 days in jail.
How does the State prove your BAC?
They do it through your test results from the Datamaster machine, a blood sample, or urinalysis. This makes it even more critical for most drivers to refuse the breathalyzer test. No test result = less than .08% BAC = the lowest tier of penalties.
Implied Consent Penalties
SC also imposes “administrative” penalties for an implied consent violation. If you refuse the breathalyzer (or urinalysis or blood test), or if you take the test and the result is .15% or greater, your license is immediately suspended.
If you do not request (and win) an administrative hearing, your license will be suspended, you may be required to install an ignition interlock device (IID) before you can drive again, you will have to enroll in ADSAP, and you may have to pay additional fees to the DMV, DAODAS, and the probation department to supervise your IID.
Felony DUI Penalties
Felony DUI is different from all other DUIs.
You may be charged with felony DUI if you were driving while under the influence of alcohol or drugs, you caused an accident, and someone was seriously injured or killed as a result of the accident.
The potential penalties for a felony DUI in SC include:
- 30 days to 15 years for a felony DUI where great bodily injury results, or
- 1 to 25 years in prison for a felony DUI resulting in death.
Questions About DUI Penalties in SC?
If you are charged with DUI, get an experienced DUI defense lawyer on your case immediately – there are deadlines for requesting your administrative hearing and for requesting a jury trial. Your attorney can help you to prepare your defense, mitigate the consequences of a DUI charge, and may be able to get your DUI charges dismissed.
Give us a call at (843) 501-0602 or contact us through our website to set up a free initial consultation and find out how we can help.
