South Carolina driving under the influence (DUI) convictions can result in severe penalties, including a criminal record, fines, license suspensions, and jail time, depending on whether it is a first, second, third, or subsequent DUI offense. Due to the dramatic impact these convictions can have on a person’s life, it can be helpful to understand the consequences of DUI. Get in touch with the seasoned South Carolina criminal defense attorneys from King Law Offices for legal assistance with DUI charges by calling (888) 748-5464.
Summary of DUI Penalties in South Carolina
South Carolina imposes increasingly severe penalties for first, second, and third DUI offenses, including fines, license suspensions, incarceration, and mandatory enrollment in the Alcohol and Drug Safety Action Program.
- DUI and DUAC offenses differ in their evidentiary requirements, with DUAC based solely on blood alcohol concentration and DUI based on observable impairment.
- Penalties escalate significantly for repeat offenses, including mandatory minimum jail sentences and higher fines within a 10-year lookback period.
- License suspensions, ignition interlock device requirements, and implied consent rules further influence the consequences of DUI arrests and convictions.
The legal processes surrounding DUI charges reflect South Carolina law and may require careful navigation for individuals seeking guidance from King Law Offices in its criminal defense service areas.
What Is a DUI Offense in South Carolina?
One individual loses their life roughly every half an hour in the United States because of intoxicated drivers, as per the National Highway Traffic Safety Administration (NHTSA). South Carolina’s DUI laws, outlined in §56-5-2930 to §56-5-2995 of the South Carolina Code of Laws, seek to improve public safety on roadways by preventing drunk and drugged driving through punitive penalties, as well as education and treatment programs.
The laws in South Carolina divide driving under the influence offenses into two categories, namely driving while having an unlawful alcohol concentration (DUAC) and operating a vehicle while under the influence of drugs or alcohol. Below is an explanation of these offenses and the concept of implied consent.
Driving While Under the Influence of Drugs or Alcohol
South Carolina forbids drivers from operating a vehicle when appreciably and materially impaired because of the use of alcohol, intoxicating substances, drugs, or a combination of these substances. Unlike DUAC, motorists can still get charged with DUI even if their BAC is below the legal threshold if law enforcement can prove impairment, such as by assessing the driver’s behavior and conducting field sobriety tests.
Driving With an Unlawful Alcohol Concentration
South Carolina prohibits operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. DUAC is a per se offense specifically concerning drunk driving, meaning law enforcement officials can charge motorists without demonstrating impairment. Even if a motorist has a high tolerance to alcohol and can drive, if a chemical test shows a BAC of at least 0.08%, the police can charge that person for a DUAC offense.
Implied Consent
The state gives individuals the privilege to drive their vehicles on public roadways, with the caveat that motorists agree to comply with the law. Implied consent is one such law, stipulating that drivers automatically consent to chemical testing when suspected by law enforcement of driving while impaired. During a DUI stop, police officers may ask a motorist to take a breathalyzer and submit to field sobriety tests to identify impairment, which drivers can refuse, but are likely to face arrest after doing so.
Post-arrest, law enforcement officials request drivers to take a chemical urine, blood, or breath test to confirm the motorist’s BAC and to identify whether the driver has taken intoxicants or drugs. As with the preliminary tests during the DUI stop, drivers can choose to refuse chemical testing but face an immediate and automatic license suspension of six months and mandatory enrollment in a drug and alcohol education and treatment program called the Alcohol and Drug Safety Action Program (ADSAP). The prosecution can also use a refusal to submit to chemical testing as evidence in court.
What Is the Penalty for a 1st DUI Offense in South Carolina?
A DUI conviction has the same administrative and criminal penalties as a DUAC offense, with the exact penalties depending on a motorist’s BAC level. First offenses are typically misdemeanors, and if a first-time offender’s BAC level was below 0.1%, they can expect 48 hours of community service, a $400 fine, and a potential jail sentence between 48 hours and 30 days. By contrast, if the driver’s BAC was between 0.1% and 0.15%, the penalties include a possible jail sentence of 72 hours to 30 days, a $500 fine, and 72 hours of community service, and for a BAC exceeding 0.15%, a potential jail sentence ranging from 30 to 90 days, a $1,000 fine, and 30 days of community service.
Regardless of whether it is a first or subsequent offense, convicted motorists must participate in the ADSAP, where they complete a substance abuse evaluation and develop an education and treatment plan for addressing substance misuse. To regain driving privileges, convicted motorists must complete the ADSAP. Understand the ramifications of a first, second, and third DUI offense in South Carolina in greater detail by reaching out to a knowledgeable South Carolina criminal defense lawyer from King Law Offices.
What Is the Penalty for a 2nd DUI Offense in South Carolina?
Motorists who commit a second DUI or DUAC offense in a 10-year period, also classed as a misdemeanor, must serve a mandatory minimum jail sentence, in contrast to an initial offense. For a BAC below 0.1%, the fine ranges from $2,100 to $5,100, with a jail sentence between five days and one year. If the motorist’s BAC was between 0.1% and 0.15%, the jail sentence is between 30 days and two years, and the fine ranges from $2,500 to $5,500. In the event that the driver had a BAC of 0.16% or more, the fine is between $3,500 and $6,500, with a jail sentence of 90 days to three years.
What Happens After Your Third DUI in SC?
A third offense within 10 years also carries a mandatory jail sentence, with the sentence ranging from 60 days to three years for a BAC under 0.1% (plus a fine between $3,800 and $6,300), 90 days to four years for a BAC between 0.1% and 0.15% (in addition to a fine between $5,000 and $7,500), and six months to five years for a BAC of 0.16% or more (alongside a fine between $7,500 and $10,000).
Additional offenses are felonies, carrying the penalties of a jail sentence between five and seven years, and the permanent loss of driving privileges. Law enforcement may also charge motorists with a felony if their impaired driving led to the death or severe injury of another person, resulting in a fine ranging from $5,100 to $25,100 and a jail sentence of 25 years for causing a fatality or between 30 days and five years for causing a serious injury.
Understanding License Suspensions and IIDs
In addition to motorists who refuse chemical testing upon arrest, drivers who have a BAC of 0.15% or more face an immediate suspension of their license lasting 30 days for a first arrest and two months for a second. Conviction comes with additional license suspensions, although motorists convicted of a first offense may be eligible for a provisional license, provided their BAC was below 0.15%.
Convicted motorists with a high BAC (0.15% or higher) and those who refused to submit to chemical testing must add an ignition interlock device (IID) to their vehicle for six months or agree to a six-month license suspension. An IID refers to an electronic device linked to a vehicle’s ignition, requiring a clean, alcohol-free breath sample for the vehicle to start. The license suspension period increases to two years for a second offense, with motorists able to retain their driving privileges if their vehicle has an IID installed throughout the suspension period.
Underage DUI Penalties Explained
South Carolina takes a zero-tolerance approach toward underage drunk driving. Motorists aged under 21 who operate a motor vehicle with a BAC of 0.02% or higher face a license suspension lasting between three and six months.
Additionally, if a driver aged under 21 has a BAC of 0.08% or higher, they can face the same DUAC or DUI charge as an adult. Like adult drivers, motorists aged under 21 receive compulsory enrollment in the ADSAP and an automatic license suspension for refusing chemical testing.
Schedule an Appointment With an Experienced South Carolina Criminal Defense Attorney Today
DUI offenses have the potential to derail an individual’s life and lead to lasting consequences like license revocation, reputational damage, and financial troubles. If charged with a DUI in South Carolina, consult with a York County, SC criminal defense attorney as soon as possible. The experienced DWI and traffic offense attorneys from King Law Offices can help charged motorists with their legal queries, prepare their defense, and avoid missing vital deadlines. Call us now at (888) 748-5464 to learn more about the consequences of a DUI offense, and organize an initial case discussion with our team.
Relevant Frequently Asked Questions About DUI Offenses in South Carolina
Listed below are several important FAQs regarding DUIs in South Carolina.
What Is Considered a DUI Offense in South Carolina?
A DUI offense occurs when a motorist operates a vehicle while materially and appreciably impaired by alcohol, drugs, or a combination of substances. South Carolina also recognizes DUAC, which applies when a driver’s BAC is at least 0.08 percent, regardless of visible impairment.
How Does Implied Consent Affect DUI Cases?
Under implied consent, motorists agree to chemical testing when law enforcement suspects impaired driving. A refusal can lead to immediate license suspension, ADSAP enrollment, and the use of the refusal as evidence during prosecution.
What Are the Penalties for a First DUI Offense?
A first DUI or DUAC offense typically results in fines, community service, mandatory ADSAP participation, and potential jail time, with penalties depending on the motorist’s BAC level. Higher BAC readings lead to increased fines and longer possible jail sentences.
What Happens After a Second DUI Within Ten Years?
A second offense carries mandatory minimum jail sentences and higher fines, with penalties determined by BAC brackets. License consequences also increase, and more stringent IID requirements may apply.
What Are the Penalties for a Third DUI Offense?
A third offense results in significantly enhanced jail terms, increased fines, and longer license suspensions. Elevated BAC levels trigger even more severe consequences within the statutory ranges.
How Do Ignition Interlock Devices Apply in DUI Cases?
Motorists with a BAC of 0.15 percent or higher, or those who refuse chemical testing, may be required to install an IID. Repeat offenses increase the required IID duration, and some individuals may use the device to retain limited driving privileges.
What Happens When an Underage Motorist Is Charged With DUI?
South Carolina applies a zero-tolerance policy, imposing penalties for any BAC of 0.02 percent or higher for motorists under 21. Higher BAC levels can lead to standard DUI or DUAC charges similar to those faced by adults.
How Can King Law Offices Assist Individuals Facing DUI Charges in South Carolina?
The team at King Law Offices works to ensure individuals understand their rights, the potential consequences of DUI charges, and available legal paths. Consider visiting with an experienced attorney at King Law Offices to learn more about possible options when navigating South Carolina DUI laws.
