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South Carolina DUI Laws

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South Carolina
South Carolina

South Carolina DUI Forum | SR22 Insurance Requirements

The maximum prescribed legal BAC limit in South Carolina is 0.08% per se
(effective from Aug 19th 2003)

Cheap SR22 Auto Insurance Quotes for High Risk Drivers in South Carolina

South Carolina DUI Laws & BAC Limits | South Carolina DUI Penalties

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Useful South Carolina DUI Links | Latest South Carolina DUI News


DUI - Drunk Driving Laws in other States


South Carolina Drunk Driving Laws

(If you’ve been charged with South Carolina DUI, the law allows 10 days for your South Carolina DUI Lawyer to make a request with the South Carolina DMV (Department of Motor Vehicles) for a hearing to save your driving license)

South Carolina is a member of the Interstate Drivers License Compact
An agreement between participating states to share information regarding certain types of convictions including DUI - DWI and related Drunk Driving offenses. If a resident of one state gets convicted of a drunk driving offense in another state, the driver's home state will be notified. The type of action that the driver's home state will take will vary from state to state.

South Carolina DUI Laws and BAC limits

ALL DRIVERS - BAC LIMIT = 0.08%
In the State of South Carolina it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
It is a crime for commercial vehicle operators to drive with a BAC (blood alcohol content - concentration) of 0.04% or above.

MINOR (under the age of 21) - BAC LIMIT = 0.02%
It is a crime for persons under 21 years of age to drive with a BAC (blood alcohol content - concentration) of 0.02% or above.

It is an offense to refuse to submit to a chemical test in South Carolina and implied consent laws are enforced.

!! CAUTION - Driving Ability Impaired !!

You can be prosecuted in South Carolina without driving while you are over the legal prescribed bac limit.

Under South Carolina law, it is unlawful to drive with a BAC limit above the per se laws OR to drive while impaired under the influence of alcohol and/or drugs.

Under this law the prosecution must show that the driver was IMPAIRED by alcohol and/or drugs. The level of impairment is usually based on observations and evidence of driving ability (or rather inability), physical appearance, field sobriety tests and any other relevant evidence which can help prove a persons driving ability was indeed impaired. Different amounts of alcohol can affect people in different ways, what may impair one persons driving ability and make them feel drunk, might not necessarily impair another persons driving ability.

Observations from a law enforcement officer that may lead to being stopped and arrested include:

  • Making a turn too widely or narrowly
  • Using two lanes, straddling the center line
  • Almost hitting someone or something
  • Weaving or drifting from one side of the road to another
  • Driving too slowly and being overly cautious
  • Driving too close to vehicle in front
  • Driving ON the center lines
  • Erratic braking
  • Swerving to correct course of vehicle

You can be charged with an offence regardless of your BAC level, as long as impairment can be proved to the legal extent necessary.

A skilled drunk driving attorney can help you defend any charges against you

South Carolina BAC Calculator

BLOOD ALCOHOL CONTENT CALCULATOR
Calculate your BAC using our calculator, know your legal drunk driving limits and stay safe!!
BAC - Blood Alcohol Content Calculator

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Penalties for DUI - Drunk Driving in South Carolina

South Carolina is a state with a ten-year ‘washout period’ also known as a 'look back period'.

NOTE: Out of State Convictions
A prior conviction in South Carolina or another state or municipality for a drunk driving offense will be constitute a prior offense.


First DUI - Drunk Driving Conviction - MISDEMEANOR

The penalty for a first DUI - drunk driving conviction in South Carolina:

BAC of 0.08% to less than 0.10%

  • Fine: $400 fine; or jail time as below
  • Jail: 48 hours to 30 days in jail (possible 48 hours of public service employment in lieu of the minimum 48 hours jail time)
  • License Suspension: 6 months drivers license suspension
  • must complete alcohol and drug safety action program
  • South Carolina SR22 insurance requirement

BAC of 0.10% to less than 0.16%

  • Fine: $500 fine; or jail time as below
  • Jail: 72 hours to 30 days in jail (possible 48 hours of public service employment in lieu of the minimum 72 hours jail time)
  • License Suspension: 6 months drivers license suspension
  • must complete alcohol and drug safety action program
  • South Carolina SR22 insurance requirement

BAC of 0.16% or above

  • Fine: $1,000 fine; or jail time as below
  • Jail: 30 to 90 days in jail (possible 30 days of public service employment in lieu of the minimum 72 hours jail time)
  • License Suspension: 6 months drivers license suspension
  • must complete alcohol and drug safety action program
  • South Carolina SR22 insurance requirement

Second DUI - Drunk Driving Conviction - MISDEMEANOR

The penalty for a second DUI - drunk driving conviction in South Carolina:

BAC of 0.08% to less than 0.10%

  • Fine: $2,100 to $5,100 fine
  • Jail: 5 days to 1 year in jail
  • License Suspension: 1 year drivers license suspension
  • Ignition Interlock: 2 years ignition interlock restriction upon license re-instatement after suspension
  • must complete alcohol and drug safety action program
  • South Carolina SR22 insurance requirement

BAC of 0.10% to less than 0.16%

  • Fine: $2,500 to $5,500 fine
  • Jail: 30 days to 2 years in jail
  • License Suspension: 1 year drivers license suspension
  • Ignition Interlock: 2 years ignition interlock restriction upon license re-instatement after suspension
  • must complete alcohol and drug safety action program
  • South Carolina SR22 insurance requirement

BAC of 0.16% or more

  • Fine: $3,500 to $6,500 fine
  • Jail: 90 days to 3 years in jail
  • License Suspension: 1 year drivers license suspension
  • Ignition Interlock: 2 years ignition interlock restriction upon license re-instatement after suspension
  • must complete alcohol and drug safety action program
  • South Carolina SR22 insurance requirement

Third DUI - Drunk Driving Conviction - Misdemeanor

The penalty for a third DUI - drunk driving conviction in South Carolina:

BAC of 0.08% to less than 0.10%

  • Fine: $3,800 to $6,300 fine
  • Jail: 60 days to 3 years in jail
  • License Suspension: 2 years drivers license suspension (4 years if within 5 years of first offense)
  • Ignition Interlock: 3 years ignition interlock restriction upon license re-instatement after suspension
  • must complete alcohol and drug safety action program
  • South Carolina SR22 insurance requirement

BAC of 0.10% to less than 0.16%

  • Fine: $5,000 to $7,500 fine
  • Jail: 90 days to 4 years in jail
  • License Suspension: 2 years drivers license suspension (4 years if within 5 years of first offense)
  • Ignition Interlock: 3 years ignition interlock restriction upon license re-instatement after suspension
  • must complete alcohol and drug safety action program
  • South Carolina SR22 insurance requirement

BAC of 0.16% or more

  • Fine: $7,500 to $10,000 fine
  • Jail: 6 months to 5 years in jail
  • License Suspension: 2 years drivers license suspension (4 years if within 5 years of first offense)
  • Ignition Interlock: 3 years ignition interlock restriction upon license re-instatement after suspension
  • must complete alcohol and drug safety action program
  • South Carolina SR22 insurance requirement

Fourth (and subsequent) DUI - Drunk Driving Conviction - Felony

The penalty for a fourth (and subsequent) DUI - drunk driving conviction in South Carolina:

BAC of 0.08% to less than 0.10%

  • Fine: up to $25,000 fine
  • Jail: 1 to 5 years in jail
  • License Revocation: permanent drivers license revocation (may petition circuit court for re-instatement after 7 years)
  • Ignition Interlock: lifetime ignition interlock restriction if and when license is re-instated (may apply to remove interlock restriction after 10 years)
  • must complete alcohol and drug safety action program
  • South Carolina SR22 insurance requirement

BAC of 0.10% to less than 0.16%

  • Fine: up to $25,000 fine
  • Jail: 2 to 6 years in jail
  • License Revocation: permanent drivers license revocation (may petition circuit court for re-instatement after 7 years)
  • Ignition Interlock: lifetime ignition interlock restriction if and when license is re-instated (may apply to remove interlock restriction after 10 years)
  • must complete alcohol and drug safety action program
  • South Carolina SR22 insurance requirement

BAC of 0.16% or more

  • Fine: up to $25,000 fine
  • Jail: 3 to 7 years in jail
  • License Revocation: permanent drivers license revocation (may petition circuit court for re-instatement after 7 years)
  • Ignition Interlock: lifetime ignition interlock restriction if and when license is re-instated (may apply to remove interlock restriction after 10 years)
  • must complete alcohol and drug safety action program
  • South Carolina SR22 insurance requirement

 

Implied consent LAWS

Implied Consent Chemical Testing

It is an offense to refuse to submit to a chemical test in South Carolina and implied consent laws are enforced.

Penalties for refusing to submit to a chemical test in South Carolina

If a person refuses to submit to a chemical test in South Carolina, their drivers license will be immediately suspended for at least 90 days.

In addition they can still be charged and convicted of a DUI and the evidence of the refusal can be used against them in court to help secure a DUI conviction.

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South Carolina SR22 insurance (High Risk auto Insurance)

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South Carolina SR-22 auto insurance is usually required for a period of 3 years after a DUI - drunk driving - alcohol related driving conviction and can be very expensive if you go with the wrong provider.  Some insurance companies will not even do an SR22 insurance filing. Get a FREE SR22 DUI auto insurance quote and compare rates to find the best deal, simply enter your ZIP code above and you can be comparing prices for South Carolina auto insurance in a matter of minutes.

Minimum liability insurance requirements for private passenger vehicles in the state of South Carolina

The minimum mandatory liability insurance coverage required in the state of South Carolina for private passenger vehicles is (25/50/25). This equates to the following liability coverage:

  • $25,000 bodily injury liability (BIL) per person
  • $50,000 for two or more people in one accident
  • $25,000 property damage liability (PDL) coverage

What is (BIL) Bodily Injury Liability insurance?

(BIL) Bodily Injury Liability insurance coverage will pay for serious and permanent injury or death to other people when a crash is caused by the insured. An auto insurance company will pay for injuries up to the limits specified in an insurance policy and will provide legal representation for the insured in the event someone tries to sue them.

What is (PDL) Property Damage Liability insurance?

(PDL) Property Damage Liability insurance coverage pays for damages an insured driver or members of an insured drivers family cause (and are liable for) to other people's property in a crash involving a motor vehicle.

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Disclaimer: While every effort is made to keep all information up to date, the South Carolina drunk driving laws change frequently and the information provided on this web site should not be construed as legal advice, nor is it necessarily complete. Drinkdriving.org shall not be held responsible for any actions a person may take as a result of information gathered from this web site. Consultation with a local South Carolina DUI lawyer is recommended in all cases.

 

Useful South Carolina DUI Links:

DUI - Drunk Driving Laws in South Carolina

South Carolina Drivers Manual

South Carolina SR22 Insurance Requirement

South Carolina DMV (Department of Motor Vehicles)

South Carolina Department of Transportation

South Carolina Insurance

South Carolina Courts Judicial Department

South Carolina DUI Lawyers

South Carolina DUI discussion forum

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Latest South Carolina DUI News

Lexington teacher arrested for DUI, child endangerment on the way to school - The State


The State

Lexington teacher arrested for DUI, child endangerment on the way to school
The State
LEXINGTON COUNTY, SC ? A Red Bank Elementary School teacher was arrested for driving under the influence and child endangerment early Monday morning while on her way to school, according to a report filed with the South Carolina Department of ...
South Carolina teacher charged with DUI at schoolWRDW-TV
Lexington teacher charged with DUI, child endangerment after arr - FOX ...WHNS Greenville
Lexington County teacher charged with driving under the influence at schoolDaily Journal

all 26 news articles »

Tue, 21 Oct 2014 13:49:48 GMT

SCHP: Police officer charged with DUI after accident - WYFF Greenville


WYFF Greenville

SCHP: Police officer charged with DUI after accident
WYFF Greenville
After the investigation, Derrick Canada, 36, of Lyman was booked into the Spartanburg County Detention Center on a DUI charge after being released from Spartanburg Regional Hospital, said Lance Cpl. Bill Rhyne of the South Carolina Highway Patrol.
Spartanburg officer charged with on-duty DUIHilton Head Island Packet
HP: Spartanburg police officer charged with DUI after crashWHNS Greenville
Spartanburg police officer involved in crashSpartanburg Herald Journal
WSPA.com
all 26 news articles »

Sat, 18 Oct 2014 01:26:06 GMT

Emma's Law Stiffens DUI Punishments - WLOS


WLOS

Emma's Law Stiffens DUI Punishments
WLOS
GREENVILLE, S.C. -- DUI penalties in South Carolina just got a lot tougher after a law is passed to commemorate a victim of a drunk driving car wreck. Emma's Law went into effect Wednesday. This comes after South Carolina received heavy criticism for ...
South Carolina DUI Locking Device Law Now in EffectInsurance Journal
Emma's Law goes into effect in SCWMBF
SC's "Emma's Law' requiring more people convicted of DUI to use ignition locks ...The Republic
WIS
all 24 news articles »

Thu, 02 Oct 2014 01:27:20 GMT

Lexington teacher charged with DUI, child endangerment after arriving at work - WIS


Lexington teacher charged with DUI, child endangerment after arriving at work
WIS
According to the South Carolina Department of Public Safety, Jan Curtis was followed to the parking lot of Red Bank Elementary by a member of the Cayce Police Department. According to authorities, Curtis was weaving across the center line and off the ...

and more »

Mon, 20 Oct 2014 21:19:50 GMT

Emma's Law Cutting Down DUI Deaths With Car Breathalyzer - WSPA.com


Emma's Law Cutting Down DUI Deaths With Car Breathalyzer
WSPA.com
?In order to ever get a South Carolina driver's license, they will have to complete the program,? said Ruth Ann Cartwright, State Director of the Ignition Interlock Program through the Department of Parole, Probation and Pardons. ?The ultimate goal is ...


Wed, 15 Oct 2014 21:29:06 GMT

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South Carolina Cities
Aiken
Anderson
Bamberg
Barnwell
Beaufort
Bennettsville
Bluffton
Blythewood
Camden
Charleston
Cheraw
Chester
Clemson
Clover
Columbia
Conway
Darlington
Dillon
Easley
Edgefield
Florence
Fort Mill
Gaffney
Georgetown
Goose Creek
Greenville
Greenwood
Greer
Hampton
Hartsville
Hilton Head Island
Irmo
Johns Island
Kingstree
Lancaster
Laurens
Lexington
Loris
Manning
Marion
Moncks Corner
Mount Pleasant
Mullins
Myrtle Beach
Newberry
North Augusta
North Charleston
North Myrtle Beach
Orangeburg
Pawleys Island
Pickens
Ridgeland
Rock Hill
Seneca
Simpsonville
Spartanburg
Summerville
Sumter
Union
Walterboro
West Columbia
Winnsboro
York
South Carolina Counties
Abbeville
Aiken
Allendale
Anderson
Bamberg
Barnwell
Beaufort
Berkeley
Calhoun
Charleston
Cherokee
Chester
Chesterfield
Clarendon
Colleton
Darlington
Dillon
Dorchester
Edgefield
Fairfield
Florence
Georgetown
Greenville
Greenwood
Hampton
Horry
Jasper
Kershaw
Lancaster
Laurens
Lee
Lexington
Marion
Marlboro
McCormick
Newberry
Oconee
Orangeburg
Pickens
Richland
Saluda
Spartanburg
Sumter
Union
Williamsburg
York

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States/Abbreviations
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AR Arkansas MD Maryland OR Oregon
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CA California MI Michigan RI Rhode Island
CO Colorado MN Minnesota SC South Carolina
CT Connecticut MO Missouri SD South Dakota
DE Delaware MS Mississippi TN Tennessee
FL Florida MT Montana TX Texas
GA Georgia NC North Carolina UT Utah
HI Hawaii ND North Dakota VT Vermont
IA Iowa NE Nebraska VA Virginia
ID Idaho NH New Hampshire WA Washington State
IL Illinois NJ New Jersey WI Wisconsin
IN Indiana NM New Mexico WV West Virginia
KS Kansas NV Nevada WY Wyoming
KY Kentucky NY New York DC Washington DC

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