South Carolina DUI State Law

Under South Carolina DUI laws, individuals who are driving while intoxicated will be charged with jail time, fines and loss of driving privileges. If you have been charged, it is important to work with a South Carolina DUI lawyer specialized in these cases. They can help mitigate the case on your behalf, sometimes being able to get charges dropped or reduced.

South Carolina Blood Alcohol Concentration Law

Like most other states, South Carolina laws allow for a police officer to charge an individual for DUI if they suspect the individual is driving under the influence. They do have to have proof of this. Proof can come in one of two ways.

• A police officer notices poor driving patterns, the smell or presence of alcohol, other physical appearances of intoxication and/or the individual fails a field sobriety test.
  
• The individual fails a chemical test (breath, blood or urine).

If you have a blood alcohol concentration of .08 percent or higher, you will be charged in violation of DUI laws. If your blood alcohol concentration is at or above .15 percent, you will be facing enhanced DUI penalties, which may include a felony charge, extended jail time and fines up to $5000.

Implied Consent Laws

If you operate a vehicle in the state, you are agreeing to take a chemical test if a police officer requests one. This is the implied consent law in the state. The peace officer will need to have reason to believe that you are intoxicated either by alcohol or drugs.

A refusal to take a chemical test may cause the immediate suspension of your driver's license for 90 days. Police Officers Do Not Need a BAC to ARREST YOU!

1st DUI Offense

A first offense of these laws will result in the following South Carolina DUI penalties:

• Automatic suspension of driver's license for 6 months
• Fines up to $400
• Imprisoned for at least 48 hours up to 30 days
• Community service may be possible in some situations to avoid jail time
• Your name will be published and released
• Charged with a misdemeanor

2nd DUI Offense

South Carolina has a look back period of 10 years for DUI charges. This means, if you are convicted of a second DUI within a ten year period, you will be charged with a second offense, which carries stiffer penalties including:

• Fine of $2,100 up to $5,100
• Driver's license suspension for 1 year
• Minimum of 5 days, up to 1 year in jail
• Some may be able to get no less than 30 days of community service instead of jail time
• Installation of an ignition interlock device may be required
• You may be required to enroll in an alcohol and drug intervention program
• Your name is published and released
• You are charged with a misdemeanor

3rd DUI Offense

A third offense of these laws will result in the following penalties:

• 2 year suspension of your driver's license mandatory
• Some will face permanent driver's license revocation
• If a third offense occurred within five years of the first, a 4 year suspension is required
• No less than a $3,800 fine, up to $6,300.
• No less than 60 days in jail, up to 3 years
• Published and released name
• Charged with a misdemeanor

If someone is injured or you do significant damage during any offense, you will be charged with a FELONY!

Hire a South Carolina DUI Lawyer

It is critical to act quickly if you are facing South Carolina DUI charges. It is best to work with an experienced and specialized South Carolina DUI lawyer if you hope to get the charges against you dropped or reduced.

• If you have been charged with a DUI in South Carolina, Submit Your Case for a Free Review from a skilled DUI Attorney.

Contact South Carolina Drunk Driving Attorneys

Contact our Attorneys to get more information about Drunk Driving in South Carolina: