South Carolina DUI Laws & Drunk Driving Penalties
Overview of the penalties upon conviction of DUI in South Carolina
South Carolina DUI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.
If you've been charged with DWI in South Carolina, the law allows only 10 days for a South Carolina DWI Lawyer to make a request with the South Carolina DMV (Department of Motor Vehicles) for a hearing to help save your drivers license.
What are the penalties for DUI in South Carolina?
The penalties for driving under the influence in South Carolina will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.
SC DUI Penalties
South Carolina is a state with a 10 year 'washout period' also known as a 'look back period'
1st DUI Offense / Conviction - Misdemeanor
The penalty upon conviction of a first DUI offense 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
- SC SR22 Insurance (proof of financial responsibility) 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
- SC SR22 Insurance (proof of financial responsibility) 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
- SC SR22 Insurance (proof of financial responsibility) Requirement
2nd DUI Offense / Conviction - Misdemeanor
The penalty upon conviction of a second DUI offense 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
- SC SR22 Insurance (proof of financial responsibility) 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
- SC SR22 Insurance (proof of financial responsibility) 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
- SC SR22 Insurance (proof of financial responsibility) Requirement
3rd DUI Offense / Conviction - Misdemeanor
The penalty upon conviction of a third DUI offense 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
- SC SR22 Insurance (proof of financial responsibility) 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
- SC SR22 Insurance (proof of financial responsibility) 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
- SC SR22 Insurance (proof of financial responsibility) Requirement
4th (& subsequent) DUI Offense / Conviction - Felony
The penalty upon conviction of a fourth (& subsequent) DUI offense 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
- SC SR22 Insurance (proof of financial responsibility) 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
- SC SR22 Insurance (proof of financial responsibility) 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
- SC SR22 Insurance (proof of financial responsibility) Requirement
Implied Consent (Chemical Testing) Laws
It is an offense to refuse to submit to a chemical test in South Carolina and implied consent laws are enforced.
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.
What is the legal alcohol limit in South Carolina
The maximum legal BAC (blood alcohol content) limits in South Carolina for driving are as follows:
ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of South Carolina it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.
DRIVERS UNDER 21 - BAC LIMIT = 0.02%
In the State of South Carolina it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.02% or more, by weight, of alcohol in his/her blood.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of South Carolina it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.
It is an offense to refuse to submit to a chemical test in South Carolina and implied consent laws are enforced.
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