South Carolina DUI Penalties

Operating a motor vehicle under the influence of alcohol

It is illegal in South Carolina to operate a motor vehicle while under the influence of alcohol to the extent that the person’s faculties to drive are materially and appreciably impaired. If you have a Blood Alcohol Content (BAC) of 0.08 percent or higher, it will be inferred that you were driving under the influence. If you have a BAC that is at least 0.05 percent but less than 0.08 percent, your BAC level may be considered along with other evidence to infer that you are under the influence. If you are convicted of driving under the influence of alcohol, you face:

• A fine of up to $400 ($992 with assessments and surcharges) and/or imprisonment from 48 hours to 30 days and suspension of your driver’s license for six months for a first offense.
• A fine of $2,100 to $5,100 ($10,744.50 with assessments and surcharges) and imprisonment from five days to one year and suspension of your driver’s license for one year for a second offense.
• A fine of $3,800 to $6,300 ($13,234.50 with assessments and surcharges) and imprisonment from 60 days to three years and suspension of your driver’s license for two years for a third offense. If the third offense occurs within five years of the first offense, your driver’s license is suspended for four years. If the third or subsequent offense occurs within 10 years of the first offense, the vehicle used must be confiscated if the offender is the owner or a resident of the household of the owner.
• Imprisonment from one to five years and permanent revocation of your driver’s license for a fourth or subsequent offense.

Driving with an unlawful alcohol concentration (illegal per se)

South Carolina law prohibits driving a motor vehicle with a BAC 0.08 percent or higher. If you are convicted of driving with an unlawful alcohol concentration, you face the same penalties as you would for a DUI conviction (see above). 

Felony driving under the influence

South Carolina law prohibits a person from driving a motor vehicle while under the influence of alcohol to the extent that the person’s faculties to drive are materially and appreciably impaired. If you are convicted of causing great bodily injury or death while driving under the influence (felony DUI), you face: 

• A mandatory fine of $5,100 to $10,100 ($21,119.50 with assessments and surcharges) and imprisonment from 30 days to 15 years when great bodily injury occurs.
• A mandatory fine of $10,100 to $25,100 ($52,244.50 with assessments and surcharges) and imprisonment from one to 25 years when death occurs.Drivers Under 21

In addition to other penalties that may apply under South Carolina’s DUI laws, a driver who is under 21 whose BAC registered .02 or more will have their driver’s license suspended for three months for a first violation or six months if the driver had been previously convicted of DUI within five years. Within 30 days of receiving the suspension notice, the driver must either request an administrative hearing or enroll in an alcohol safety action program.

Drivers Under 21

In addition to other penalties that may apply under South Carolina’s DUI laws, a driver who is under 21 whose BAC registered .02 or more will have their driver’s license suspended for three months for a first violation or six months if the driver had been previously convicted of DUI within five years. Within 30 days of receiving the suspension notice, the driver must either request an administrative hearing or enroll in an alcohol safety action program.