How much do you have to drink (BAC*) for a DUI in South Carolina?

** BAC = blood alcohol content

How many drinks does it take? Check the BAC chart.

What if you refuse to take a chemical test in South Carolina?

South Carolina has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about South Carolina’s implied consent law.

What is the minimum jail time?

Lookback Period: 10 years (Period of time that prior DUIs are relevant for sentencing.)

Can you plead to a lesser offense than DUI in South Carolina?

No, a plea bargain for a conviction of "wet reckless" (reckless driving involving alcohol) is barred by statute in South Carolina.

1st Drunk Driving Offense

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

More Information: First Offense DUI in South Carolina

2nd Drunk Driving Offense

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

More Information: Second Offense DUI in South Carolina

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 may also be ordered to a alcohol or drug intervention program. The Department of Motor Vehicles will publish and release the names of all drivers who have had their license suspended because of a DUI.

3rd DUI Offense

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

More Information: Third Offense DUI in South Carolina

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.

4th DUI Offense

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

Drinking and Driving Laws in South Carolina

South Carolina Drunk Driving and Wet Reckless Laws - Nolo.com

It is illegal in the State of South Carolina to drive with a blood alcohol concentration (BAC) of .08 percent or above. The limit is lower for commercial drivers and drivers under the age of 21. The .08 limit is the standard measurement of the "impaired" driver throughout the United States. In addition to alcohol, it is also illegal to drive in the State of South Carolina under the influence of controlled substances such as marijuana, cocaine, inhalants and other intoxicating substances.

2008 Changes in the South Carolina Drunk Driving Law

On 04/28/08 the Governor of South Carolina signed House Bill 3496. This bill revises the period of time a person's privilege to drive must be suspended when he refuses to submit to a chemical DUI test. The new bill also relates to an administrative hearing and the immobilization of a motor vehicle owned by a person who has been convicted of driving under the influence. The bill also increases the fee for reregistering an immobilized motor vehicle and relates to videotaping a breath test. In addition the bill also requires a person to pay for costs of a breath test and relates to a restricted license and payment for alcohol treatment services.

For more information on this bill please CLICK HERE to Read.

How many drinks does it take to reach the legal limit in South Carolina?

There isn't one correct answer to this question, there are calculators and tables that can serve as a reference, however these devices cannot predict with certainty what your exact BAC level will be at a given time. There are many factors that contribute to an individuals BAC score, including weight, sex, body-fat percentage and the time interval between drinks. Studies have show that a persons BAC could go up between .01-.05 percent for each drink taken. The fact is it takes very little alcohol to become legally drunk and each drink taken is a another step closer to becoming an "impaired" driver.

The best answer is not to drink and drive . The State of South Carolina has strict laws for drunk driving, and when you drink and drive in South Carolina, you risk your freedom, finances and your future.

Drunk Driving Laws in South Carolina

State of South Carolina BAC Laws:

• 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.

The Implied Consent Law in South Carolina

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.

State of South Carolina Website - More DUI Information

Other South Carolina Information on this Website

South Carolina Teen Driving Laws and Insurance Requirements