South Carolina DUI Laws Guide

South Carolina DUI Laws Guide – If you’ve been charged with driving under the influence (DUI) or driving with an unlawful alcohol concentration (DUAC) in South Carolina, understanding the state’s current laws is critical. This comprehensive South Carolina DUI Laws Guide explains everything from BAC limits and penalties to ignition interlock requirements and license reinstatement. Information is based on official sources including the South Carolina Department of Public Safety (SCDPS) and the South Carolina Code of Laws as of 2026.

Important Disclaimer: This guide is for informational purposes only and is not legal advice. DUI laws can be complex and subject to change. Consult a qualified South Carolina DUI attorney and review the most current statutes for your specific situation.

What Are the DUI Laws in South Carolina?

South Carolina prohibits operating a motor vehicle while under the influence of alcohol, drugs, or a combination that materially and appreciably impairs your faculties to drive safely (S.C. Code § 56-5-2930).

South Carolina also enforces a separate per se law called DUAC (Driving with an Unlawful Alcohol Concentration) under § 56-5-2933. You can be charged with DUAC if your blood alcohol concentration (BAC) is 0.08% or higher, even if your driving did not appear impaired. You cannot be prosecuted for both DUI and DUAC for the same incident.

BAC Limits in South Carolina

  • Adults 21 and older: 0.08% or higher is illegal per se (DUAC).
  • Drivers under 21: Zero-tolerance policy — 0.02% or higher triggers administrative suspension.
  • Commercial drivers: 0.04% or higher.

A BAC of 0.05% to under 0.08% can still support a DUI charge when combined with other evidence of impairment. A BAC of 0.08% or higher creates a presumption of impairment.

South Carolina DUI Penalties by Offense (2026)

Penalties escalate sharply with prior convictions within the last 10 years. No portion of the minimum sentence may be suspended. Courts may order both fine and jail time in many cases. All convictions require enrollment in the Alcohol and Drug Safety Action Program (ADSAP).

First Offense

  • Base penalties (BAC under 0.10%): Fine of $400 or 48 hours to 30 days in jail (or public service).
  • BAC 0.10% to under 0.16%: Fine of $500 or 72 hours to 30 days in jail (or public service).
  • BAC 0.16% or higher: Fine of $1,000 or 30 to 90 days in jail (or public service).
  • Driver’s license suspension: 6 months.
  • Mandatory ADSAP and ignition interlock device (IID) to drive.

Second Offense

  • Fines range from $2,100–$5,100 (higher with elevated BAC tiers up to $6,500).
  • Jail: 5 days to 1 year (higher with BAC tiers up to 3 years).
  • License suspension: 1 year.
  • Mandatory ADSAP and longer IID requirement.

Third Offense

  • Fines range from $3,800–$6,300 (higher with BAC tiers up to $10,000).
  • Jail: 60 days to 3 years (higher with BAC tiers up to 5 years).
  • License suspension: 2 years (4 years if within 5 years of first offense).
  • Vehicle may be confiscated if you are the owner or household resident.

Fourth or Subsequent Offense

  • Prison: 1 to 7 years depending on BAC tier.
  • Permanent revocation of driver’s license.

Felony DUI (great bodily injury or death):

  • Great bodily injury: Fine $5,100–$10,100 + 30 days to 15 years.
  • Death: Fine $10,100–$25,100 + 1 to 25 years.

By driving in South Carolina, you automatically consent to breath, blood, or urine testing if arrested for DUI/DUAC (§ 56-5-2950). Refusing a test results in:

  • Automatic administrative license suspension (typically 6 months for first refusal; longer with priors).
  • The refusal can be used against you in court.
  • You may still face criminal DUI/DUAC charges even if you refuse.

Ignition Interlock Device (IID) Requirements

Since the All Offender Law took effect on May 19, 2024, every person convicted of DUI or DUAC must install an IID on any vehicle they drive to regain driving privileges.

  • 1st offense: Minimum 6 months.
  • 2nd offense: Minimum 2 years.
  • 3rd offense: Minimum 3 years (4 years if within 5 years of first).
  • 4th or subsequent: Lifetime requirement.

You must have the device inspected and data downloaded every 60 days. Failure to comply is a separate criminal offense.

Administrative License Suspension vs. Criminal Penalties

South Carolina separates administrative (DMV) actions from criminal court penalties:

  • Administrative suspension happens immediately upon refusal or high BAC (often 0.15%+ or 0.02% for under 21).
  • You have the right to request an implied consent hearing to challenge the suspension.
  • Criminal conviction adds further suspension, fines, jail, and IID.

Alcohol and Drug Safety Action Program (ADSAP) Requirements

Every DUI/DUAC conviction requires successful completion of ADSAP. The program includes assessment, education, and possible treatment. Costs are capped but cannot be used to deny services; inability to pay may result in community service.

What to Do If Arrested for DUI in South Carolina?

  1. Remain calm and polite — do not argue with officers.
  2. You have the right to remain silent beyond basic identification.
  3. You may refuse field sobriety tests (though it can be used as evidence).
  4. Request an attorney immediately.
  5. Contact a South Carolina DUI lawyer as soon as possible — time is critical for the implied consent hearing and building a defense.

How to Reinstate Your License After a DUI in SC?

After serving your suspension and completing IID and ADSAP requirements:

  • Pay reinstatement fees (minimum $100+).
  • Provide proof of SR-22 insurance (financial responsibility).
  • Pass any required tests.
  • Install and maintain the IID as ordered.

Recent Changes to South Carolina DUI Laws

The major update in recent years is the All Offender Ignition Interlock Law (effective May 19, 2024), which removed the previous BAC threshold and prior-offense requirements for IID installation.

Defending Against DUI Charges in South Carolina

Common defense strategies include challenging the traffic stop, probable cause, field sobriety tests, breath/blood test accuracy, and proper video recording procedures. An experienced attorney can evaluate your case for suppression of evidence or dismissal.

Resources for DUI Help in South Carolina

  • SCDPS Impaired Driving Laws: scdps.sc.gov/drivinginsc/impaired-driving
  • SCDMV: dmv.sc.gov (license reinstatement and IID info)
  • SCDPPPS Ignition Interlock Program: ppp.sc.gov/ignition-interlock
  • ADSAP Providers: daodas.sc.gov

If you or a loved one has been charged with DUI or DUAC in South Carolina, act quickly. Contact a licensed South Carolina DUI defense attorney immediately to protect your rights and driving privileges. Safe driving saves lives — never drink and drive.