DUI Laws in South Carolina

0.08 or more is the separate offense of driving with an unlawful alcohol concentration; DUI can also be charged when the driver's faculties are materially and appreciably impaired. Drivers under 21 face DMV suspension at 0.02 or more.

First offense: a $400 fine or 48 hours to 30 days in jail (the court may allow 48 hours of public service instead of the minimum jail). With an alcohol concentration of 0.10 to under 0.16: a $500 fine or 72 hours to 30 days. At 0.16 or more: a $1,000 fine or 30 to 90 days. The DMV suspends the license; for a first offense the person must enroll in the Ignition Interlock Device Program and get an interlock-restricted license, with the device installed for six months.

South Carolina law creates a separate offense of 'felony driving under the influence.' It applies when a driver under the influence of alcohol and/or drugs does something forbidden by law (or neglects a legal duty) that causes great bodily injury or death to another person. Penalties are a $5,100 to $10,100 fine and 30 days to 15 years in prison for great bodily injury, and a $10,100 to $25,100 fine and 1 to 25 years for death. Repeat ordinary DUI carries escalating penalties: a 3rd offense brings 60 days to 3 years, and a 4th or later offense brings 1 to 5 years. Prior offenses count if they were within 10 years.

Refusing a chemical test leads to a DMV suspension of six months for a person with no DUI convictions or alcohol-related suspensions in the prior ten years (testing at 0.15 or more brings a one-month suspension). Longer suspensions apply with priors. The officer issues a notice of suspension; within 30 days the person may request a contested case hearing before the Office of Motor Vehicle Hearings and either enroll in the Ignition Interlock Device Program or obtain a temporary alcohol license ($100).

Ten years. Only offenses within ten years, including and immediately preceding the date of the last offense, count as prior offenses for DUI sentencing and suspension.

DUI convictions cannot be expunged in South Carolina. The South Carolina Judicial Branch says the only traffic offense that can be expunged is a first-offense conviction for failure to stop when signaled by a law enforcement vehicle. For repeat-offense penalties, only violations within the 10 years before the latest violation count as priors.

During a points suspension, a person who is employed or enrolled in college and lives more than one mile from work or school may apply for a special restricted driver's license to drive only to and from work or school and in the course of work or school, with set times and routes. The fee is $100. After a DUI, driving is generally through an ignition interlock restricted license.