South Carolina DUI Laws and Penalties for a Conviction

In South Carolina, the penalties you'll face for a DUI conviction depend mostly on how many prior convictions you have that occurred within the last 10 years. This article gives an overview of South Carolina's DUI laws and the penalties you'll face for a first, second, third, and felony DUI conviction.

South Carolina's DUI Laws

South Carolina outlaws a person from driving under any of the following conditions:

• with a blood alcohol content (BAC) of .08% or greater (.04% or more if the driver was operating a commercial vehicle)
• while "under the influence" of any drug or intoxicant, or
• while "under the influence" of alcohol.

(S.C. Code §§ 56-5-2930, 2933 (2025).)

South Carolina law defines "under the influence" as being impaired to an extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired. (S.C. Code § 56-5-2930 (2025).)

A driver who has a BAC of .08% or more can be convicted of a "per se DUI," regardless of his or her level of actual impairment. The volume of alcohol necessary to reach these BAC levels can differ depending on a number of factors, including the person's gender and body size and the type of alcohol.

Penalties for a First DUI Conviction

The penalties for a first DUI conviction are different depending on the driver's BAC level. In addition to the penalties below, the court may also order probation as a condition of its sentence.

BAC of Less Than .10%

For a first offense involving a BAC of less than .10%, a driver faces 48 hours to 30 days in jail, and $400 in fines. (S.C. Code §§ 56-5-2930, 2933 (2025).)

BAC of .10% to .16%

For a first offense involving a BAC of .10% to .16%, a driver faces 72 hours to 30 days in jail, and $500 in fines. (S.C. Code §§ 56-5-2930, 2933 (2025).)

BAC of at Least .16%

For a first offense involving a BAC of at least .16%, a driver faces 30 to 90 days in jail and $1,000 in fines. (S.C. Code §§ 56-5-2930, 2933 (2025).)

Community Service Option for First Offenders

First-time offenders are eligible to do community service instead of serving jail time. The amount of community service will be equal to the amount of jail time that would have been required. (S.C. Code §§ 56-5-2930, 2933 (2025).)

Ignition Interlock Requirements

All first-time DUI offenders will have their licenses suspended and must install an ignition interlock device (IID) for six months before reinstating their licenses. (S.C. Code § 56.5-2990 (2025).)

Penalties for a Second DUI Conviction

The penalties for a second DUI conviction are different depending on the driver's BAC level. In addition to the penalties below, the court may also order probation as a condition of its sentence.

BAC of Less Than .10%

For a second offense involving a BAC of less than .10%, a driver faces five days to one year in jail, $2,100 to $5,100 in fines, and a two-year ignition interlock device (IID) requirement. (S.C. Code §§ 56-5-2930, 2933, 2990 (2025).)

BAC of .10% to .16%

For a second offense involving a BAC of .10% to .16%, a driver faces 30 days to two years in jail, $2,500 to $5,500 in fines, and a two-year IID requirement. For a BAC of at least .15%, there's also a two-month license suspension. (S.C. Code §§ 56-5-2930, 2933, 2951, 2990 (2025).)

BAC of at Least .16%

For a first offense involving a BAC of at least .16%, a driver faces 90 days to three years in jail, $3,500 to $6,500 in fines, a two-month license suspension, and a two-year IID requirement. (S.C. Code §§ 56-5-2930, 2933, 2951, 2990 (2025).)

Penalties for a Third DUI Conviction

The penalties for a third DUI conviction are different depending on the driver's BAC level. In addition to the penalties below, the court may also order probation as a condition of its sentence.

BAC of Less Than .10%

For a third offense involving a BAC of less than .10%, a driver faces 60 days to three years in jail, $3,800 to $6,300 in fines, and a three-year IID requirement. (S.C. Code §§ 56-5-2930, 2933, 2990 (2025).)

BAC of .10% to .16%

For a third offense involving a BAC of .10% to .16%, a driver faces 90 days to four years in jail, $5,000 to $7,500 in fines, and a three-year IID requirement. Drivers with a BAC of at least .15% will also receive a three-month license suspension. (S.C. Code §§ 56-5-2930, 2933, 2951, 2990 (2025).)

BAC of at Least .16%

For a third offense involving a BAC of at least .16%, a driver faces six months to five years in jail, $7,500 to $10,000 in fines, a three-year IID requirement, and a three-month license suspension. (S.C. Code §§ 56-5-2930, 2933, 2951, 2990 (2025).)

Ignition Interlock Requirement for Third DUI in Five Years

If a driver accumulates three DUI convictions within five years, the IID requirement increases from three years to four years. (S.C. Code § 56.5-2990 (2025).)

Felony DUI Penalties

A DUI can be a felony if the driver has at least two prior convictions within the past 10 years or the offense resulted in deaths or serious injuries.

For a fourth or subsequent offense, the driver will face one to five years in prison for a BAC of less than .10%, two to six years for a BAC of at least .10% to .15%, and three to seven years for a BAC of more than .15%. (S.C. Code §§ 56-5-2930, 2933 (2025).)

Causing great bodily injury to another person while driving under the influence carries $5,100 to $11,000 and 30 days to 15 years in prison. DUI offenses where there was a fatality carry $10,100 to $25,100 and one to 25 years in prison. (S.C. Code § 56-5-2945 (2025).)

Implied Consent and Refusal

In South Carolina, drivers are considered to have given implied consent to chemical tests of their blood, breath, or urine. (S.C. Code § 56-5-2950 (2025).)

Refusing to take a blood of breath test can lead to the following a license suspension of 6 months for a first offense to 15 months for a fourth or subsequent offense. (S.C. Code § 56-5-2951 (2025).)

Underage DUI Laws

South Carolina prohibits driving with a BAC of .02% or more if the driver is under the age of 21. An underage DUI won't result in fines or jail time, but the offender can face a license suspension of three to six months. (S.C. Code § 56-1-286 (2025).)

Treatment Requirements for DUI Offenders

Every DUI conviction requires the offender to enroll in the Alcohol and Drug Safety Action Program. As part of the program, all offenders must obtain an alcohol and drug assessment and follow the recommended treatment. (S.C. Code §§ 56-5-2930, 2933 (2025).)

Getting Help From an Attorney

If you've been arrested for driving under the influence, you should get legal assistance. A qualified DUI attorney can review your situation and help you decide on the best course of action.