What are DUI penalties in South Carolina?

South Carolina DUI law is at S.C. Code Ann. §§ 56-5-2930 to 56-5-2950 and uses BAC tiers to set penalties.

1. BAC Limits — .08% for drivers 21+, .04% for commercial drivers, .02% for drivers under 21 (S.C. Code § 56-1-286).

2. First Offense — BAC less than .10 — Misdemeanor: 48 hours to 30 days jail (or 48 hours public service in lieu), $400 fine plus assessments, 6-month license suspension, ADSAP enrollment, automobile insurance certification (SR-22).

3. First Offense — BAC .10 to .15 — 72 hours to 30 days jail (or 72 hours public service), $500 fine, 6-month suspension, ADSAP.

4. First Offense — BAC .16+ — 30 days to 90 days jail (or 30 days public service), $1,000 fine, 6-month suspension, mandatory IID for 6 months upon restoration, ADSAP.

5. Second Offense within 10 years (BAC less than .10) — Misdemeanor: 5 days to 1 year jail, $2,100-$5,100 fine, 1-year license suspension, mandatory IID for 2 years, ADSAP.

6. Second Offense (BAC .16+) — 90 days to 3 years jail, $3,500-$6,500 fine, 1-year suspension, IID for 2 years.

7. Third Offense within 10 years (BAC less than .10) — Misdemeanor: 60 days to 3 years jail, $3,800-$6,300 fine, 2-year suspension, IID for 4 years.

8. Fourth Offense (Lifetime Lookback) — Felony: 1-7 years prison, permanent license revocation, IID for life upon any restoration.

9. Felony DUI Causing Great Bodily Injury or Death (§ 56-5-2945) — 30 days to 15 years prison for great bodily injury; 1 to 25 years prison for death.

10. Implied Consent (§ 56-5-2950) — Refusing chemical test triggers a 6-month administrative license suspension for first refusal (9 months for second within 10 years). The right to refuse is statutorily preserved.

11. Ignition Interlock Device Program — Operated by SCDMV; mandatory for all repeat offenders and BAC .15+ first offenders.

12. Aggravating Factors — Child under 16 in vehicle elevates penalties; high BAC enhances mandatory minimums significantly.

This is legal information, not legal advice.