A Complete Guide to South Carolina's DUI Laws: From First Offense to Felony Charges

June 21, 2025

A Complete Guide to South Carolina's DUI Laws: From First Offense to Felony Charges

Introduction

South Carolina's "Driving Under the Influence" (DUI) laws are among the toughest in the United States, reflecting the state's strong commitment to combating impaired driving. The penalties are severe and include mandatory fines, jail time, license suspensions, and participation in the Alcohol and Drug Safety Action Program (ADSAP). South Carolina's tiered sentencing system imposes harsher penalties based on Blood Alcohol Concentration (BAC) levels and the number of prior offenses. A significant recent change, the "All Offender Law" enacted in May 2024, mandates Ignition Interlock Device (IID) installation for all DUI convictions, including first offenses.

The General Framework of South Carolina DUI Laws

In South Carolina, a person commits a DUI offense if they drive a motor vehicle while:

"Per Se" DUI: Having a BAC of $0.08%$ or more. This is a strict liability offense; no other proof of impairment is needed.
Impaired DUI: Under the influence of alcohol, drugs, or a combination of substances, to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired. This applies even if the BAC is below $0.08%$ (e.g., $0.05%$ to $0.079%$ ) if other evidence of impairment exists.
Driving with an Unlawful Alcohol Content (DUAC): This is a separate but effectively interchangeable charge with DUI, carrying the same penalties. It applies when a driver has a BAC of $0.08%$ or more but there's no direct evidence of physical impairment (it's a "per se" violation).

Special BAC Limits:

Commercial Drivers: A BAC of $0.04%$ or more.
Drivers Under 21 (Zero Tolerance Law): A BAC of $0.02%$ or more.

Implied Consent Law

South Carolina's implied consent law (South Carolina Code of Laws Section 56-5-2950) dictates that by driving a vehicle in the state, you implicitly consent to chemical tests (breath, blood, or urine) if arrested for DUI.

Refusal to Test: Refusing to submit to a chemical test triggers an automatic administrative license suspension by the South Carolina Department of Motor Vehicles (SCDMV), separate from any criminal DUI charges.

First refusal: 6-month license suspension.
Second refusal: 9-month license suspension.
Third or subsequent refusal: 1-year license suspension.

You have 30 days from the notice of suspension to request an administrative contested case hearing to challenge the suspension. If you request a hearing, you may be eligible for a Temporary Alcohol Restricted License (TARL), allowing you to drive until the hearing date. If the suspension is upheld or no hearing is requested, you must enroll in the Alcohol and Drug Safety Action Program (ADSAP) to regain your license.

South Carolina DUI Statistics

South Carolina consistently faces significant challenges with impaired driving, often ranking among the states with the highest rates of alcohol-related fatalities.

In 2023, alcohol-related fatalities were a major concern. Although overall traffic fatalities saw a reduction, impaired driving remains a leading contributing factor to severe crashes.
Historically, South Carolina has seen around one-third of all traffic fatalities linked to alcohol impairment. For example, in 2021, alcohol played a role in about 25% of all traffic fatalities in the state, even though alcohol-related crashes only accounted for 8% of total accidents, indicating their disproportionate severity.
The majority of DUI accidents occur at night (8:00 PM to 4:00 AM) and during weekends.

Penalties for DUI in South Carolina

South Carolina employs a 10-year "look-back" period for determining if a DUI (or DUAC) offense is a repeat offense for sentencing enhancement. This means any prior DUI/DUAC convictions within the last 10 years will count. A DUI conviction remains on your criminal record permanently and cannot be expunged.

Alcohol and Drug Safety Action Program (ADSAP): ADSAP is a mandatory education and treatment program that all DUI/DUAC offenders must complete before being eligible for license reinstatement. Enrollment is required within 30 days of conviction or if an implied consent suspension is upheld. Costs for ADSAP range from $500 for education to up to $2,500 if more intensive treatment is required.

All Offender Law (Effective May 19, 2024): This significant new law requires all drivers convicted of DUI, regardless of BAC level or offense number, to install and maintain an Ignition Interlock Device (IID). This marks a major shift, as IIDs were previously only mandatory for repeat offenders or specific high-BAC first offenses.

First Offense DUI (Misdemeanor)

Penalties depend on BAC:

BAC less than $0.10%$ :
- Fines: $400 (plus court costs and assessments).
- Jail Time: 48 hours to 30 days (may be community service instead of jail).
- License Suspension: 6 months.
- IID: Mandatory installation for 6 months (due to All Offender Law).
- ADSAP: Mandatory completion.
BAC $0.10%$ to $0.159%$ :
- Fines: $500 (plus court costs and assessments).
- Jail Time: 72 hours to 30 days (may be community service instead of jail).
- License Suspension: 6 months.
- IID: Mandatory installation for 6 months.
- ADSAP: Mandatory completion.
BAC $0.16%$ or higher:
- Fines: $1,000 (plus court costs and assessments).
- Jail Time: 30 days to 90 days.
- License Suspension: 6 months.
- IID: Mandatory installation for 6 months.
- ADSAP: Mandatory completion.

Second Offense DUI (within 10 years - Misdemeanor)

Penalties depend on BAC:

BAC less than $0.10%$ :
- Fines: $2,100 to $5,100 (plus court costs and assessments).
- Jail Time: 5 days to 1 year.
- License Suspension: 1 year.
- IID: Mandatory for 2 years.
- ADSAP: Mandatory completion.
BAC $0.10%$ to $0.159%$ :
- Fines: $2,500 to $5,500 (plus court costs and assessments).
- Jail Time: 30 days to 2 years.
- License Suspension: 1 year.
- IID: Mandatory for 2 years.
- ADSAP: Mandatory completion.
BAC $0.16%$ or higher:
- Fines: $3,500 to $6,500 (plus court costs and assessments).
- Jail Time: 90 days to 3 years.
- License Suspension: 1 year.
- IID: Mandatory for 2 years.
- ADSAP: Mandatory completion.

Third Offense DUI (within 10 years - Misdemeanor)

Penalties depend on BAC:

BAC less than $0.10%$ :
- Fines: $3,800 to $6,300 (plus court costs and assessments).
- Jail Time: 60 days to 3 years.
- License Suspension: 2 years (doubles to 4 years if within 5 years of the second offense).
- IID: Mandatory for 3 years.
- ADSAP: Mandatory completion.
- Vehicle Confiscation: Possible.
BAC $0.10%$ to $0.159%$ :
- Fines: $5,000 to $7,500 (plus court costs and assessments).
- Jail Time: 90 days to 4 years.
- License Suspension: 2 years (doubles to 4 years if within 5 years of the second offense).
- IID: Mandatory for 3 years.
- ADSAP: Mandatory completion.
- Vehicle Confiscation: Possible.
BAC $0.16%$ or higher:
- Fines: $7,500 to $10,000 (plus court costs and assessments).
- Jail Time: 6 months to 5 years.
- License Suspension: 2 years (doubles to 4 years if within 5 years of the second offense).
- IID: Mandatory for 3 years.
- ADSAP: Mandatory completion.
- Vehicle Confiscation: Possible.

Fourth and Subsequent Offense DUI (within 10 years - Felony)

Regardless of BAC, a fourth or subsequent DUI within 10 years is a felony.

Prison Time: 1 to 7 years (depending on BAC and specific circumstances).
Fines: Determined by the court.
License Revocation: Permanent.
IID: Mandatory for life (if any driving privileges are ever restored).
ADSAP: Mandatory completion.
Vehicle Confiscation: Mandatory.
Felony Criminal Record: Permanent, with loss of civil rights.

Other Significant Penalties:

Felony DUI (Causing Injury or Death):
- Great Bodily Injury: Mandatory fine of $5,100 to $10,100 and imprisonment from 30 days to 15 years.
- Death: Mandatory fine of $10,100 to $25,100 and imprisonment from 1 to 25 years.
DUI with Child Passenger (Under 16): Results in additional charges and penalties, including child endangerment, often doubling fines and adding jail time.
Driving Under Suspension (DUS) for DUI: A separate criminal offense with its own penalties, including mandatory jail time and further license suspension.
Under 21 DUI (Zero Tolerance, BAC $0.02%$ to $0.08%$ ): 3-month license suspension for a first offense, 6 months for subsequent offenses, and mandatory ADSAP. If BAC is $0.08%$ or higher, they face adult DUI penalties.
Ignition Interlock Device (IID): Mandatory for all convictions as of May 2024. The offender bears the cost of installation and maintenance.
Collateral Consequences: DUI convictions lead to significantly increased auto insurance premiums (often requiring SR-22 filing), difficulty with employment, professional license issues, and restrictions on international travel (e.g., entry into Canada). Felony DUI convictions also result in the loss of civil rights, such as voting and firearm ownership.

Conclusion

South Carolina's DUI laws are exceptionally strict and are designed to punish impaired driving severely, deter repeat offenses, and improve highway safety. The recent "All Offender Law" significantly expands the mandatory use of Ignition Interlock Devices, reinforcing the state's aggressive stance. The tiered sentencing based on BAC, the lengthy look-back period, the serious administrative penalties for test refusal, and the mandatory ADSAP program all underscore the severe consequences of a DUI in the state. For anyone facing a DUI charge in South Carolina, understanding these complex and evolving regulations is paramount. Immediate consultation with an experienced South Carolina DUI defense attorney is strongly advised to navigate the legal system effectively and protect your rights and future.

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