What happens if I get a DUI in South Carolina?

South Carolina has a tiered DUI fine and jail structure based on BAC level and is one of the few states that requires mandatory video recording of the arrest and breath test under § 56-5-2953.

1. Per Se BAC Standard

S.C. Code § 56-5-2933 sets per se DUI at 0.08% BAC (called "DUAC" - Driving with Unlawful Alcohol Concentration); § 56-5-2930 covers driving "under the influence" without specific BAC. Commercial limit is 0.04% under § 56-1-2130; under-21 zero tolerance is 0.02% under § 56-1-286.

2. Implied Consent

S.C. Code § 56-5-2950 requires submission to chemical testing. First refusal triggers a 6-month Department of Motor Vehicles license suspension; second refusal in 10 years is 9 months. The implied consent suspension hearing must be requested within 30 days.

3. First-Offense Penalties

First DUI tiered by BAC under § 56-5-2930: BAC under 0.10%: 48 hours-30 days jail, $400 fine; BAC 0.10%-0.15%: 72 hours-30 days, $500 fine; BAC 0.16%+: 30-90 days, $1,000 fine. 6-month license suspension, mandatory Alcohol and Drug Safety Action Program (ADSAP), and ignition interlock required for BAC 0.15%+.

4. Enhancements

Third DUI under § 56-5-2930(C) is a felony with 60 days-3 years prison; fourth+ DUI is a 1-5 year felony. Felony DUI causing great bodily injury (§ 56-5-2945) is 30 days-15 years prison and 3-year IID; felony DUI causing death is 1-25 year felony.

5. Administrative License Suspension (ALS)

The arresting officer issues a Notice of Suspension for refusal or BAC 0.15%+ (ALS does NOT apply for standard BAC 0.08-0.149 first offense). You must request a hearing with the DMV's Office of Motor Vehicle Hearings within 30 days of arrest. The Ignition Interlock Device program is available as alternative.

6. Court Process

Magistrate's Court for first offense (under $500 fine), General Sessions Court for felony level. Right to mandatory video recording of arrest under § 56-5-2953 — failure to record may result in dismissal. 6-person jury trial available.

7. Long-Term Consequences

SR-22 high-risk insurance for 3 years, federal CDL disqualification for 1 year (49 C.F.R. § 383.51), DUI cannot be expunged under § 17-22-940, and conviction stays on driving record permanently.

This is legal information, not legal advice.