What is the jail time for a second DUI in South Carolina?


What is the jail time for a second DUI in South Carolina?


The South Carolina DUI laws changed in 2008 when the Governor signed a bill into law suspending the driving privilege when an individual refuses to a chemical test to determine their blood alcohol content (BAC). The State also enforces what are known as “zero tolerance laws” which means that any driver under the age of 21 with a BAC of .02 or higher will also face DUI penalties.

No Southern Hospitality for DUI Offenders

Any driver who is arrested with a BAC of .08 for their first offense will face a minimum of 48 hours in jail, with a possibility of 30 days behind bars. They will be required to complete two days of public service and have their driver’s license suspended for 6 months. The penalties for second offenses are outlined in the table below:


Second DUI Conviction

Possible Jail Time

Minimum & Maximum Fines

License Suspension

BAC of .10 or under

5 days to 1 year

$2,100 to $5,100

One Year

BAC of .10 but under .16

30 days to 2 years

$2,500 to $5,500

One Year

BAC Above .16

90 days to 3 years

$3,500 to $6,500

One Year


Those who are guilty of multiple offenses may be ordered by the court to install an ignition interlock device on all vehicles registered in their name. In addition, they may also be required to undergo an alcohol or drug intervention program.

Why You Need an Experienced Attorney

Many people believed the South Carolina DUI laws were too lenient until recent legislation was passed in 2008. The penalties are much harsher for anyone convicted of a DUI. If you are found guilty of causing serious bodily injury to another person while intoxicated, you may be facing felony charges. This is when you need to hire an experienced DUI attorney to help fight these charges and keep you from a lengthy prison sentence.