Penalties for a DUI in South Carolina

Driving under the influence (DUI) is one of the most serious traffic offenses in South Carolina, with penalties that can include fines and jail time. A DUI conviction can impact various aspects of your life, including your driving privileges, insurance rates, employment opportunities, and even your freedom.

The penalties for a DUI in South Carolina are steep, and the consequences of a conviction can affect your life for years to come. If you are accused of drunk driving in the Upstate area, it’s important to don’t wait to contact a Greenville DUI lawyer at Baldwin Law for help.

South Carolina DUI Laws

South Carolina law defines driving under the influence as operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. The legal BAC limit is 0.08%, but drivers under 21 can be charged with DUI if they have a BAC of 0.02%.

DUI and DUAC in South Carolina

The key difference between DUI and DUAC is how the state proves the charges. For a DUI conviction, the prosecution must prove that the defendant was driving under the influence of alcohol or drugs and that their ability to drive was impaired.

DUAC, on the other hand, requires proof that the driver had a blood alcohol concentration (BAC) of 0.08% or higher without the need to prove impairment. DUI and DUAC carry similar penalties, which increase depending on the driver’s BAC and the number of prior offenses.

Implied Consent Law

South Carolina’s implied consent law means that if you are lawfully stopped for DUI, you automatically consent to a chemical test (such as a breathalyzer, blood, or urine test) to determine your BAC. Refusing a breathalyzer test results in an automatic driver’s license suspension, separate from the penalties for a DUI conviction.

The length of the suspension increases with each refusal and offense.

  • First refusal: 6-month license suspension
  • Second refusal: 9-month license suspension
  • Third refusal: 1-year license suspension

Penalties for a DUI in South Carolina

The penalties for a DUI in South Carolina vary depending on your BAC level and prior DUI convictions within the past 10 years. DUI convictions are permanent and cannot be expunged from your record.

Penalties for a DUI in South Carolina concept, toy car with gavel and drink

First DUI Offense

  • BAC below 0.10%: Up to $400 fine, 48 hours to 30 days in jail, 6-month license suspension, and 6 months with an Ignition Interlock Device (IID).
  • BAC 0.10%-0.15%: Up to $500 fine, 72 hours to 30 days in jail, and the same IID and license suspension as above.
  • BAC above 0.15%: Up to $1,000 fine, 30 to 90 days in jail, and the same IID and license suspension as above.

Penalties for a first DUI also include participation in the Alcohol and Drug Safety Action Program (ADSAP) and 3 years of SR-22 insurance, which is high-risk insurance coverage that can significantly increase your premiums.

Second DUI

Penalties for a second DUI within 10 years can include:

  • BAC below 0.10%: Fine of $2,100-$5,100, 5 days to 1 year in jail, 2-year license suspension, and 2 years with an IID.
  • BAC 0.10%-0.15%: Fine of $2,500-$5,500, 30 days to 2 years in jail, and the same IID and license suspension as above.
  • BAC above 0.15%: Fine of $3,500-$6,500, 90 days to 3 years in jail, and the same IID and license suspension.

Third Offense DUI

Penalties for a third DUI in South Carolina can include:

  • BAC below 0.10%: Fine of $3,800-$6,300, 60 days to 3 years in jail, 3-year license suspension (or 4 years if within 5 years of the second offense), and 3 years with an IID.
  • BAC 0.10%-0.15%: Fine of $5,000-$7,500, 90 days to 4 years in jail, and the same IID and license suspension.
  • BAC above 0.15%: Fine of $7,500-$10,000, 6 months to 5 years in jail, and the same IID and license suspension.

Fourth DUI

  • BAC below 0.10%: 1-5 years in jail, lifetime IID requirement, and lifetime license suspension.
  • BAC 0.10%-0.15%: 2-6 years in jail, lifetime IID requirement, and lifetime license suspension.
  • BAC above 0.15%: 3-7 years in jail, lifetime IID requirement, and lifetime license suspension.

A fourth or subsequent DUI conviction in South Carolina can result in life-altering consequences, including years of imprisonment and the permanent revocation of your driving privileges.

Felony DUI in South Carolina

DUI becomes a felony in South Carolina if the impaired driving results in serious bodily injury or death. The penalties for felony DUI are much more severe than those for a standard DUI offense, as they aim to address the serious harm caused by the driver’s actions.

  • Great Bodily Injury: A mandatory fine of $5,100-$10,100 and 30 days to 15 years in prison.
  • Death: A mandatory fine of $10,100-$25,100 and 1 to 25 years in prison.

Felony DUI convictions are life-changing. Not only can they result in long-term imprisonment and steep fines, but they can also make it incredibly difficult to find employment.

Greenville DUI lawyer concept, words DUI law with judge gavel

How a Greenville DUI Lawyer Can Help

Facing a DUI charge in South Carolina is a serious matter that requires experienced legal representation. At Baldwin Law, we understand the gravity of a DUI conviction and its potential to impact every aspect of your life. If you’ve been charged with DUI in Greenville, here’s how our experienced team can help:

Legal Knowledge and Experience

We have extensive knowledge of South Carolina DUI laws and the defenses available to challenge DUI charges. Whether it’s questioning the accuracy of BAC tests or contesting the legality of the traffic stop, we will leave no stone unturned in building a strong defense.

Fighting for the Best Possible Outcome

Our goal is to reduce or dismiss the charges against you. For first-time offenders, we may be able to negotiate alternative sentencing options, such as rehabilitation programs or community service, to minimize the impact of a conviction.

Personalized Legal Strategy

Every case is unique, and we take the time to develop a personalized legal strategy tailored to your specific circumstances. Whether it’s a first-time offense or a felony DUI, we provide aggressive representation aimed at achieving the best possible outcome.

Contact Balwin Law Today

The penalties for a DUI in South Carolina are steep, and the consequences of a conviction can affect your life for years to come. It’s critical to understand the gravity of a DUI charge and take the appropriate steps to defend your rights.

If you or a loved one is facing DUI charges in Greenville, don’t wait—contact us today for a free case evaluation. Our team at Baldwin Law is here to protect your rights and help you get your life back on track.

Read More Related Articles