Learn about the penalties for a first, second, and third, DUI conviction in South Carolina.
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.
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.
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 in South Carolina
The penalties for a first DUI conviction are different depending on the driver's BAC level.
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, $400 in fines, and a six-month license suspension.
BAC of .10% to .16%
For a first offense involving a BAC of .10% to .16%, a driver faces seven to 30 days in jail, $500 in fines, and a six-month license suspension.
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, $1,000 in fines, and a six-month license suspension.
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.
Penalties for a Second DUI Conviction in South Carolina
The penalties for a second DUI conviction are different depending on the driver's BAC level.
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.
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 $5,100 in fines, and a two-year IID requirement. For a BAC of at least .15%, there's also a two-month license suspension.
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.
Penalties for a Third DUI Conviction in South Carolina
The penalties for a third DUI conviction are different depending on the driver's BAC level.
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 $6,500 in fines, and a three-year IID requirement.
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.
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.
South Carolina's Felony DUI Penalties
A DUI can be a felony if the driver has at least three prior convictions within the past 10 years or the offense resulted in deaths or serious injuries.
For a fourth 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%.
Causing great bodily injury to another person while driving under the influence carries $5,100 to $10,000 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.
South Carolina's 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.
South Carolina's 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.
Talk to 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.
