Facing DUI charges in South Carolina can be one of the most stressful and consequential experiences of your life. Beyond the immediate legal penalties, a DUI conviction carries long-term ramifications that can affect your employment, insurance rates, driving privileges, and personal reputation. At Baldwin Law, attorney Erika Baldwin understands the gravity of these charges and is committed to providing experienced, aggressive defense representation to protect your rights and your future.
Whether you’re dealing with a first-time DUI arrest or facing enhanced penalties for a subsequent offense, understanding South Carolina’s DUI laws, potential defenses, and the importance of skilled legal representation can make all the difference in the outcome of your case.
South Carolina DUI Laws: What Constitutes Driving Under the Influence
South Carolina law takes drunk and impaired driving seriously. Under South Carolina Code Section 56-5-2930, it is illegal to operate a motor vehicle while under the influence of alcohol or drugs to the extent that your faculties to drive are materially and appreciably impaired.
Two Types of DUI Offenses in South Carolina
South Carolina recognizes two distinct but related offenses:
DUI (Driving Under the Influence): This charge is based on observable impairment of your driving abilities due to alcohol or drugs. You can be charged with DUI even if your blood alcohol concentration is below the legal limit if the prosecution can demonstrate that your ability to operate a vehicle safely was materially and appreciably impaired.
DUAC (Driving with an Unlawful Alcohol Concentration): This is a “per se” offense, meaning you can be charged based solely on having a BAC of 0.08% or higher, regardless of whether you exhibited visible signs of impairment. No additional evidence of impaired driving is required.
For sentencing purposes, these charges are treated interchangeably in South Carolina, meaning a previous DUAC conviction counts as a DUI for enhancement purposes and vice versa.
Blood Alcohol Concentration Thresholds
South Carolina enforces different BAC standards depending on the driver:
- Standard drivers (21 and older): 0.08% BAC or higher is illegal per se
- Commercial drivers: 0.04% BAC or higher
- Drivers under 21: 0.02% BAC or higher (zero tolerance law)
It’s crucial to understand that even if your BAC is between 0.05% and 0.08%, you can still face DUI charges if other evidence suggests impairment, such as failed field sobriety tests, erratic driving, or officer observations.
Penalties for DUI Convictions in South Carolina
The consequences of a DUI conviction in South Carolina escalate dramatically with each subsequent offense within a ten-year lookback period. Additionally, penalties become more severe based on your BAC level at the time of arrest.
First Offense DUI Penalties
For a first-time DUI conviction, penalties vary based on your blood alcohol concentration:
BAC less than 0.10%:
- Fine of $400 (approximately $992 with assessments and surcharges)
- Imprisonment of 48 hours to 30 days (or community service equivalent)
- Six-month driver’s license suspension
- Mandatory enrollment in Alcohol and Drug Safety Action Program (ADSAP)
BAC between 0.10% and 0.16%:
- Fine of $500 (approximately $1,227 with assessments and surcharges)
- Imprisonment of 72 hours to 30 days (or community service equivalent)
- Six-month driver’s license suspension
- Mandatory ADSAP enrollment
BAC of 0.16% or higher:
- Fine of $1,000 (approximately $2,480 with assessments and surcharges)
- Imprisonment of 30 to 90 days (or community service equivalent)
- Six-month driver’s license suspension
- Mandatory ADSAP enrollment
- Ignition Interlock Device (IID) required for six months after license reinstatement
Second Offense DUI Penalties
Second DUI offenses within ten years carry significantly harsher consequences:
BAC less than 0.10%:
- Fine of $2,100 to $5,100 (approximately $10,744.50 with assessments and surcharges)
- Imprisonment of five days to one year
- One-year driver’s license suspension
- Two-year IID requirement
BAC between 0.10% and 0.16%:
- Fine of $2,500 to $5,500
- Imprisonment of 30 days to two years
- One-year driver’s license suspension
- Two-year IID requirement
BAC of 0.16% or higher:
- Fine of $3,500 to $6,500
- Imprisonment of 90 days to three years
- Two-month license suspension
- Two-year IID requirement
Third and Subsequent Offense DUI Penalties
Third and fourth DUI offenses become increasingly serious, with the fourth offense constituting a felony:
Third Offense (within 10 years):
- Fines ranging from $3,800 to $10,000 depending on BAC level
- Imprisonment ranging from 60 days to five years depending on BAC level
- Three to four-year IID requirement
- Possible three-month license suspension for higher BAC levels
Fourth Offense (Felony DUI):
- Imprisonment of one to seven years depending on BAC level
- Permanent license revocation
- Substantial fines and long-term consequences of a felony conviction
Enhanced Penalties for DUI Causing Injury or Death
South Carolina imposes especially severe penalties when DUI results in harm to others:
Great Bodily Injury: If you cause serious injury while driving under the influence, you face a mandatory fine of $5,100 to $10,100 (plus assessments totaling approximately $21,119.50) and imprisonment of 30 days to 15 years. This applies even to single-vehicle accidents where a passenger is injured.
Death: If your impaired driving results in someone’s death, penalties increase dramatically to $10,100 to $25,100 in fines and imprisonment of one to 25 years.
South Carolina’s Implied Consent Law: Refusing Chemical Tests
Under South Carolina Code Section 56-5-2950, every person who operates a motor vehicle in South Carolina has given implied consent to chemical testing of breath, blood, or urine if suspected of impaired driving. While you have the right to refuse these tests, doing so carries automatic administrative penalties:
First Refusal: Six-month license suspension Second Refusal: Nine-month license suspension Third or Subsequent Refusal: One-year license suspension
Additionally, your refusal to submit to chemical testing can be used against you in court as evidence of consciousness of guilt. However, if law enforcement violates proper procedures during the testing request or arrest, your refusal may not be admissible.
It’s important to note that field sobriety tests are not covered under South Carolina’s implied consent law. You have the absolute right to refuse field sobriety tests without automatic penalties, and doing so may be in your best interest.
Field Sobriety Tests: Understanding Their Limitations and Unreliability
When law enforcement suspects impaired driving, officers typically administer field sobriety tests before requesting chemical testing. However, these roadside exercises are far less reliable than most people realize, and understanding their limitations is crucial to building an effective defense.
The Three Standardized Field Sobriety Tests
The National Highway Traffic Safety Administration (NHTSA) endorses three “standardized” field sobriety tests that law enforcement officers use nationwide to detect impaired drivers:
Horizontal Gaze Nystagmus (HGN): The officer observes your eyes as you follow a moving object (typically a pen or flashlight) looking for involuntary jerking movements that may indicate alcohol consumption.
Walk-and-Turn Test: You’re instructed to walk heel-to-toe along a straight line, turn, and walk back while the officer looks for balance issues, stepping off the line, improper turns, or inability to follow instructions.
One-Leg Stand Test: You must balance on one leg approximately six inches off the ground while counting aloud until instructed to stop. Officers look for swaying, hopping, using arms for balance, or putting your foot down.
Why Field Sobriety Tests Are Unreliable
Despite their widespread use, field sobriety tests have significant accuracy problems. Studies indicate that even under ideal conditions, these tests have accuracy rates ranging from only 65% to 77% for individual tests, and the combined battery reaches approximately 91% accuracy only when all three tests are administered correctly under perfect conditions—something that rarely happens in real-world traffic stops.
Numerous factors unrelated to alcohol consumption can cause someone to perform poorly on field sobriety tests:
Medical Conditions: Inner ear problems, vertigo, neurological conditions, knee or ankle injuries, back problems, diabetes, anxiety disorders, and many other medical issues can affect balance and coordination.
Physical Characteristics: Age, weight, physical fitness level, and natural coordination all influence test performance. Not everyone has perfect balance even when completely sober.
Environmental Factors: Uneven pavement, gravel, wet or icy conditions, poor lighting, weather conditions, and traffic noise can all impact test results.
Footwear and Clothing: High heels, dress shoes, tight clothing, or any footwear that doesn’t provide proper support makes these tests more difficult.
Test Administration Errors: Officers must follow strict protocols when administering field sobriety tests. Failure to provide clear instructions, demonstrate the test properly, ensure adequate lighting and safe conditions, or accurately count “clues” can render results unreliable.
Subjectivity: Unlike chemical tests with numerical results, field sobriety tests rely entirely on the officer’s subjective interpretation. If the officer already believes you’re impaired, confirmation bias can influence how they score your performance.
Your Right to Refuse Field Sobriety Tests
Under South Carolina law, you are not required to perform field sobriety tests, and refusing them carries no automatic penalty. Given their unreliability and subjective nature, declining to provide this potentially incriminating evidence may be in your best interest. While an officer may still arrest you based on other observations, at least you won’t have provided them with additional ammunition to use against you in court.
Common DUI Defenses in South Carolina
A DUI charge does not automatically mean a DUI conviction. Attorney Erika Baldwin employs numerous defense strategies depending on the specific circumstances of your case.
Challenging the Traffic Stop
The Fourth Amendment of the U.S. Constitution protects you from unreasonable searches and seizures. Law enforcement must have reasonable suspicion of criminal activity to initiate a traffic stop. If the officer lacked legitimate justification for pulling you over—such as a traffic violation or observable impaired driving—any evidence obtained during the stop may be suppressed, potentially resulting in dismissal of your charges.
Questioning Field Sobriety Test Administration and Results
As discussed, field sobriety tests are inherently unreliable. Baldwin Law scrutinizes every aspect of these tests, including whether the officer followed proper protocols, whether environmental conditions affected performance, whether medical conditions or physical characteristics impacted results, and whether the officer’s subjective scoring was reasonable.
Video evidence of your field sobriety tests (which South Carolina law requires officers to record) can be invaluable in demonstrating improper administration or showing that you performed better than the officer claimed.
Challenging Chemical Test Results
Breathalyzer and blood test results can be challenged on numerous grounds. Breathalyzer machines require regular calibration and maintenance. Improper calibration, machine malfunction, operator error, failure to observe the subject for the required period before testing, and contamination from mouth alcohol (from recent drinking, dental work, or medical conditions like GERD) can all produce inaccurate results.
Blood tests must follow strict chain of custody procedures. Any break in the chain, improper storage or handling of samples, contamination, fermentation of the sample, or laboratory errors can cast doubt on test results.
Rising Blood Alcohol Defense
Your BAC continues to rise for 30 to 90 minutes after your last drink. According to the Centers for Disease Control and Prevention (CDC), alcohol absorption rates vary based on numerous factors including body weight, food consumption, and metabolism. If you were pulled over shortly after consuming alcohol, your BAC may have been below the legal limit while you were actually driving, even if it measured above 0.08% during testing at the police station 30 minutes to an hour later.
Medical Conditions and Medications
Certain medical conditions can produce symptoms that mimic intoxication or interfere with chemical testing. Diabetes can cause breath that smells like alcohol and can affect field sobriety test performance. GERD or acid reflux can cause mouth alcohol that skews breathalyzer results. Neurological conditions, inner ear problems, and injuries can affect balance and coordination.
Additionally, many legal prescription medications and over-the-counter drugs can impair driving or produce positive results on drug tests, even when taken exactly as prescribed.
Administrative License Suspension: The 30-Day Window
In addition to criminal charges, a DUI arrest triggers automatic administrative license suspension through the South Carolina Department of Motor Vehicles. You have only 30 days from your arrest to request an implied consent hearing to challenge this suspension.
This administrative process is separate from your criminal case but equally important. At the hearing, Baldwin Law can challenge whether the officer had probable cause to arrest you, whether proper procedures were followed during chemical testing, and whether your rights were violated during the arrest.
Even if you’re not successful in overturning the suspension, you may be eligible for a provisional license or route-restricted license that allows you to drive to work, school, medical appointments, or court-ordered programs during your suspension period.
This 30-day deadline is critical and non-negotiable. Missing this window means you forfeit your right to challenge the administrative suspension.
The Long-Term Consequences of DUI Convictions
Beyond immediate legal penalties, a DUI conviction creates lasting consequences that extend far beyond your sentence:
Employment Impact
Many employers conduct background checks, and a DUI conviction—especially a felony fourth offense—can disqualify you from job opportunities. Certain professions require occupational licenses that may be suspended or revoked due to DUI convictions, including commercial drivers, healthcare professionals, teachers, and lawyers.
Insurance Consequences
A DUI conviction typically results in dramatically increased insurance premiums. Many insurance companies will drop coverage entirely, forcing you to obtain SR-22 high-risk insurance that costs substantially more than standard coverage. According to the American Bar Association’s analysis of DUI consequences, these increased rates typically continue for three to five years and can cost thousands of dollars in additional premiums.
Professional Licensing
If you hold a professional license in South Carolina, a DUI conviction must typically be reported to your licensing board. Depending on your profession and the board’s regulations, you could face disciplinary action, license suspension, or license revocation.
Immigration Status
For non-citizens, including lawful permanent residents, a DUI conviction can trigger deportation proceedings, affect naturalization applications, or result in inadmissibility for visa renewals or green card applications. Multiple DUI convictions or a DUI causing injury creates even more severe immigration consequences.
Education and Financial Aid
Some universities and colleges ask about criminal history on applications. Additionally, certain DUI convictions can result in loss of federal student financial aid eligibility.
Personal Relationships and Reputation
A DUI conviction becomes part of your permanent public record, potentially affecting personal relationships, community standing, and your reputation in professional and social circles.
Why Immediate Legal Representation Matters
Time is critical in DUI cases. Evidence deteriorates, witnesses’ memories fade, video footage may be overwritten, and crucial deadlines pass. The sooner you retain experienced legal representation, the better your chances of achieving a favorable outcome.
Attorney Erika Baldwin begins investigating your case immediately upon retention. This includes requesting and reviewing police reports, dash cam and body cam footage, breath test maintenance and calibration records, blood test results and chain of custody documentation, and witness statements. The firm also examines the traffic stop’s legality, the field sobriety test administration, and all aspects of the arrest and charging process.
Early intervention also allows Baldwin Law to begin negotiations with prosecutors before they’ve fully committed to their theory of the case. In many instances, early aggressive defense work can result in reduced charges, dismissed cases, or favorable plea agreements.
What to Expect When Working with Baldwin Law
When you choose Baldwin Law for your DUI defense, you receive personalized attention from an experienced attorney who understands South Carolina DUI law inside and out. Erika Baldwin has been recognized as a Legal Elite attorney in the Upstate for criminal defense, earning this prestigious distinction in 2023, 2024, and 2025.
The firm’s approach to DUI defense includes a thorough case evaluation, strategic defense planning, aggressive negotiation with prosecutors when appropriate, and skilled trial advocacy when taking your case to court is in your best interest.
Baldwin Law understands that every DUI case is unique, with different facts, circumstances, and potential defenses. The firm takes time to understand your specific situation, explain your options clearly, and develop a defense strategy tailored to your case’s particular strengths and weaknesses.
Don’t Face DUI Charges Alone: Take Action Today
A DUI charge is serious, but it’s not a conviction. With experienced legal representation, many defenses and options may be available to you. Whether you’re facing a first-time DUI or dealing with enhanced penalties for subsequent offenses, Baldwin Law provides the aggressive, knowledgeable defense representation you need to protect your rights and your future.
Remember: You have only 30 days from your arrest to request an administrative license hearing. Don’t delay—contact Baldwin Law immediately for a free, confidential case evaluation.
Call Baldwin Law at 864-209-1294 or visit the contact page to schedule your consultation today. The firm serves clients throughout Greenville, Spartanburg, Anderson, Pickens, Oconee, and Laurens counties, providing dedicated DUI defense representation when you need it most.
Baldwin Law handles all types of traffic violations and criminal defense matters, including drug crimes, violent crimes like assault and battery, property crimes including theft and burglary, and gun charges. When your freedom, your driving privileges, and your future are on the line, you deserve an attorney who will fight relentlessly for your rights.
About Baldwin Law: Erika Baldwin is a Legal Elite criminal defense attorney serving clients throughout South Carolina’s Upstate region. With extensive experience defending DUI charges and other criminal matters in Greenville County, Spartanburg County, Anderson County, and surrounding areas, Baldwin Law provides aggressive, knowledgeable representation focused on achieving the best possible outcomes for every client. Learn more about Erika Baldwin and read what clients have to say about their experience with the firm.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. DUI laws and penalties are subject to change, and every case is unique. Past results do not guarantee similar outcomes in future cases. If you need legal advice about your specific DUI charges, please contact Baldwin Law for a confidential consultation.
