South Carolina DUI Laws

By Amy Vandervort-Clark, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed March 04, 2025

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Public safety is essential in South Carolina. Preventing intoxicated driving and reducing recidivism are crucial aspects of this goal.

South Carolina's driving under the influence (DUI) laws comprehensively look at the problem of drugged and drunk driving. Penalties are not simply punitive. They also involve substance use assessments that can provide treatment and education where needed.

One person dies every 39 minutes in the US due to an intoxicated driver, according to the National Highway Traffic Safety Administration (NHTSA). South Carolina takes this issue seriously.

Whether you made a poor choice or have a substance use issue, facing a DUI is overwhelming. The law can be confusing. Here's what to expect if facing a DUI charge in South Carolina.

Blood Alcohol Concentration (BAC) Limits and Implied Consent
BAC limit 0.08%
Zero tolerance (underage) BAC limit 0.02%
Enhanced penalty (aggravated) BAC limit 10.10% and 0.16%
Implied consent to submit to BAC test? Yes

 

Select Penalties  
Minimum license suspension or revocation (first, second, third offense) Six months, one year, two years
Mandatory alcohol education, or assessment and treatment Both
Vehicle confiscation possible? Yes (third offense)
Ignition interlock device possible? Yes

Note: State laws can change through legislative, judicial, or other means. While FindLaw works hard to ensure the accuracy of its legal resources, it's a good idea to thoroughly research the law or check with an attorney to ensure you have the most recent information.

South Carolina's Intoxicated Driving Laws

South Carolina's driving under the influence (DUI) law divides it into two crimes:

  • Operating a motor vehicle while under the influence of alcohol or drugs
  • Driving with an unlawful alcohol concentration (DUAC)

Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs

South Carolina law forbids anyone from driving a motor vehicle if “materially and appreciably impaired" because you are:

  • Under the influence of alcohol
  • Under the influence of any drug or intoxicating substance
  • Impaired by a combination of drugs, intoxicating substances, or alcohol

This crime is commonly called a DUI. You don't have to have a specific blood alcohol level to face a DUI charge.

Driving With an Unlawful Alcohol Concentration (DUAC)

DUAC applies to drunk driving. It's illegal to drive with a blood alcohol content of 0.08% or greater. This is a per se offense, meaning the law enforcement officer does not have to prove impairment. You may feel fine and drive within the law. It doesn't matter. A per se offense stands on a valid chemical test proving a blood alcohol level of 0.08% or more. This is all the evidence necessary to prosecute you under the DUAC law.

Implied Consent for Chemical Testing

Driving is a privilege. You agree to follow the law in exchange for your driver's license. One of these laws is implied consent. Under implied consent, by driving within the state, you have agreed to submit to chemical tests when a police officer suspects you of impaired driving.

Alcohol goes into your bloodstream quickly when you drink it. Law enforcement can measure your blood alcohol concentration (BAC) through a blood, urine, or breath test. Initially, law enforcement can ask you to take a preliminary breath test or breathalyzer. They may also ask you to perform a series of field sobriety tests. The results of these tests can give the officer probable cause to arrest you. You may refuse the preliminary breath test and field sobriety tests, but the officer can still arrest you.

After your arrest, the police officer will have you take an evidentiary breath, urine, or blood test. These tests will confirm your BAC and look for drugs or other intoxicants.

While you have the right to refuse these chemical tests, there are consequences. You will receive an immediate six-month license suspension and must enroll in the Alcohol and Drug Safety Action Program. The officer may get a warrant to compel your cooperation with chemical testing. The prosecution may also present your refusal as evidence against you in court.

DUAC and DUI Penalties

DUI and DUAC convictions carry the same penalties. You will incur both criminal and administrative sanctions. The court system deals with the criminal aspect. The South Carolina Department of Motor Vehicles assists in the administrative penalties.

Penalties for a DUI or DUAC conviction vary depending on your BAC level. The higher your BAC, the more severe your penalties.

A first-offense DUAC or DUI charge is generally a misdemeanor. The following chart includes your sentence if you are convicted.

BAC Jail Time Community Service Fine
Less than 0.10% 48 hours to 30 days

48 hours

 $400
0.10% to under 0.16% 72 hours to 30 days 72 hours $500
0.16% or greater 30 to 90 days 30 days $1,000

A second offense within 10 years is also a misdemeanor. You will serve at least the mandatory minimum jail time.

BAC Jail Time Fine
Less than 0.10% Five days to one year $2,100 to $5,100
0.10% to under 0.16% 30 days to two years $2,500 to $5,500
0.16% or greater 90 days to three years $3,500 to $6,500

Your third DUI or DUAC in 10 years also includes mandatory jail time.

BAC Jail Time Fine
Less than 0.10% 60 days to three years $3,800 to $6,300
0.10% to under 0.16% 90 days to four years $5,000 to $7,500
0.16% or greater Six months to five years $7,500 to $10,000

If you're 18 or older and have a passenger age 16 or younger, you will face an additional charge of child endangerment. You'll face additional fines and jail time. The child may go into protective custody.

Felony DUI

Fourth and subsequent offenses are felony DUI or DUAC charges. Your sentence will include five to seven years in jail, and the DMV will permanently revoke your driving privileges.

You will face a felony charge if you caused great bodily injury or death as a result of your DUI or DUAC. Your sentence will include a mandatory fine between $5,100 to $25,100, with 30 days to five years in jail for causing great bodily injury and one to 25 years in prison for causing death.

Alcohol and Drug Safety Action Program

Everyone convicted of a DUI or DUAC must enroll in the Alcohol and Drug Safety Action Program (ADSAP). The ADSAP provides a complete substance abuse assessment to all participants. Through the assessment, they'll help develop a comprehensive treatment and education plan to address your possible substance misuse. Your treatment and education plan goes to the court. The judge will incorporate it into your sentence.

Once enrolled, you may qualify for a provisional driver's license. You must complete the ADSAP to have your driver's license reinstated.

Driver's License Suspension and Ignition Interlock Device

Your license is subject to suspension after arrest if you refuse chemical tests or your BAC is 0.15% or greater. If this is your first DUI arrest, your license suspension is for 30 days. A second arrest will suspend your license for two months.

Upon conviction, you will face additional license sanctions. If your BAC was under 0.15%, you may qualify for a provisional driver's license. A provisional license is only available to first-time offenders.

If you refused chemical tests or had a BAC of 0.15% or more, you must install an ignition interlock device (IID) for six months or serve six months of license suspension. For a second DUI, your license gets suspended for two years. You may install an IID to continue to drive. You must maintain the IID for the rest of your suspension period.

An ignition interlock device is a small electronic connected to your vehicle's ignition. You must provide a breath sample before you can drive. If the device detects any amount of alcohol, your car won't start.

IIDs have cameras to ensure you're taking the test. The device will prompt you to provide additional breath samples during your drive.

Also known as Emma's Law, the IID program is supervised by the South Carolina Department of Probation, Parole and Pardon Services (DPPPS). They will monitor your device for violations.

Zero Tolerance Law for Underage DUI

South Carolina law prohibits anyone under 21 from operating a vehicle with a BAC greater than 0.02%. Under South Carolina's zero tolerance law, if you're under 21 and driving with a BAC of 0.02% or greater, you face an automatic license suspension of three to six months.

If your BAC is at or about the per se legal limit of 0.08%, you can face an adult DUI or DUAC charge.

Underage drivers have the same implied consent standard and refusal penalties as those 21 and older.

South Carolina DUI Resources

Learn More About Your DUI Case: Contact a DUI Attorney Today

A DUI conviction will cost you money, put you in jail, and jeopardize your driving privileges. It will have a long-term impact on your life. Having an attorney help you navigate the court system and give you much-needed legal advice can ease the process. Protect your interests today by contacting a South Carolina DUI defense attorney.

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