DRIVING UNDER THE INFLUENCE (DUI)


Stratos Law handles DUI cases in Charleston, SC

S.C. Ann. Code §§ 56-5-2930 thru 56-5-3000

In South Carolina, it is unlawful for a person to drive a motor vehicle while under the influence of alcohol or drugs (or a combination thereof) so that the driver’s facilities to operate the vehicle are materially impaired.  It is also unlawful for a person to drive a motor vehicle whose blood alcohol content is equal to or greater than 0.08%.  Potential penalties for violating these laws may include fines ranging from $400 to $10,000, community service, and/or imprisonment.  Additionally, all persons convicted will have their driver’s license suspended for a period of time dependent on the number of the conviction.  All persons convicted are also required to enroll in and successfully complete an Alcohol and Drug Safety Action Program.  In some cases, the Department of Motor Vehicles (DMV) may require an ignition interlock devise to be installed in the person’s vehicle which is designed to prevent driving of the motor vehicle if the person has consumed alcohol.  For persons with two or more convictions, suspension of all vehicle registrations in the person’s name is required. 

Below is a summary of the potential penalties associated with DUI convictions: (*Please take notice, S.C. laws are ever changing. The below penalty’s must be verified).

First Offense*:

The penalty for a first offense is a fine OR imprisonment.  Community service may be ordered at the court’s discretion instead of the minimum imprisonment period.

Blood Alcohol Level

Fine

Imprisonment

License Suspension

Community Service

0.08% – 0.09%

$400

48 hours – 30 days

6 months

48 hours

0.10% – 0.15%

$500

72 hours – 30 days

6 months

72 hours

0.16% or higher

$1000

30 days – 90 days

6 months

30 days

Second Offense*:

The penalty for a second offense is fine AND imprisonment. 

Blood Alcohol Level

Fine

Imprisonment

License Suspension

0.08% – 0.09%

$2100 – $5100

5 days – 1 year

1 year

0.10% – 0.15%

$2500 – $5500

30 days – 2 years

1 year

0.16% or higher

$3500 – $6500

90 days – 3 years

1 year

Third Offense*:

The penalty for a third offense is fine AND imprisonment. 

Blood Alcohol Level

Fine

Imprisonment

License Suspension

0.08% – 0.09%

$3800 – $6300

60 days – 3 years

2 years**

0.10% – 0.15%

$5000 – $7500

90 days – 4 years

2 years**

0.16% or higher

$7500 – $10,000

6 months – 5 years

2 years**

** If the third conviction occurs within five (5) years of the first conviction, the suspension will be for four (4) years instead of two (2).

Fourth and Subsequent Offenses*:

The penalty for a fourth (or subsequent) offense is imprisonment.

Blood Alcohol Level

Imprisonment

License Suspension

0.08% – 0.09%

1 year – 5 years

Permanent revocation

0.10% – 0.15%

2 years – 6 years

Permanent revocation

0.16% or higher

3 years – 7 years

Permanent revocation

* When looking at whether the DUI offense is considered the accused’s first, second, third or fourth offense, the Court looks at prior convictions going back for ten years.  This includes convictions in other states with comparable DUI laws.