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Drinking and Driving Laws in South Carolina



It is illegal in the State of South Carolina to drive with a blood alcohol concentration (BAC) of .08 percent or above. The limit is lower for commercial drivers and drivers under the age of 21. The .08 limit is the standard measurement of the "impaired" driver throughout the United States. In addition to alcohol, it is also illegal to drive in the State of South Carolina under the influence of controlled substances such as marijuana, cocaine, inhalants and other intoxicating substances.

2008 Changes in the South Carolina Drunk Driving Law



On 04/28/08 the Governor of South Carolina signed House Bill 3496. This bill revises the period of time a person's privilege to drive must be suspended when he refuses to submit to a chemical DUI test. The new bill also relates to an administrative hearing and the immobilization of a motor vehicle owned by a person who has been convicted of driving under the influence. The bill also increases the fee for reregistering an immobilized motor vehicle and relates to videotaping a breath test. In addition the bill also requires a person to pay for costs of a breath test and relates to a restricted license and payment for alcohol treatment services.

For more information on this bill please CLICK HERE to Read.

How many drinks does it take to reach the legal limit in South Carolina?



There isn't one correct answer to this question, there are calculators and tables that can serve as a reference, however these devices cannot predict with certainty what your exact BAC level will be at a given time. There are many factors that contribute to an individuals BAC score, including weight, sex, body-fat percentage and the time interval between drinks. Studies have shown that a persons BAC could go up between .01-.05 percent for each drink taken. The fact is it takes very little alcohol to become legally drunk and each drink taken is a another step closer to becoming an "impaired" driver.



First DUI Conviction



With a Blood Alcohol Content Under .10



  • License Suspension - 6 Months
  • Fine - $400
  • Jail Minimum of 48 Hours Maximum of 30 Days, or
  • 48 Hours of Public Service Employment


  • With a Blood Alcohol Content .10 and Under .16



  • License Suspension - 6 Months
  • Fine - $500
  • Jail Minimum of 72 Hours Maximum of 30 Days, or
  • 72 Hours of Public Service Employment


  • With a Blood Alcohol Content Above .16



  • License Suspension - 6 Months
  • Fine - $1,000
  • Jail Minimum of 30 Days Maximum of 90 Days, or
  • 30 Days of Public Service Employment


  • Second DUI Conviction



    With a Blood Alcohol Content Under .10



  • License Suspension - 1 Year
  • Fine $2,100-$5,100
  • Jail Minimum 5 Days- Maximum 1 Year


  • With a Blood Alcohol Content .10 and Under .16



  • License Suspension - 1 Year
  • Fine $2,500-$5,500
  • Jail Minimum 30 Days- Maximum 2 Years


  • With a Blood Alcohol Content Above .16



  • License Suspension - 1 Year
  • Fine $3,500-$6,500
  • Jail Minimum 90 Days- Maximum 3 Years


  • Third DUI Conviction



    With a Blood Alcohol Content Under .10



  • License Suspension - 2 Years
  • Fine $3,800-$6,300
  • Jail Minimum 60 Days- Maximum 3 Years


  • With a Blood Alcohol Content .10 and Under .16



  • License Suspension - 2 Years
  • Fine $5,000-$7,500
  • Jail Minimum 90 Days- Maximum 4 Years


  • With a Blood Alcohol Content Above .16



  • License Suspension - 2 Years
  • Fine $7,500-$10,000
  • Jail Minimum 6 Months - Maximum 5 Years


  • Fourth DUI Conviction



    With a Blood Alcohol Content Under .10



  • Permanent License Revocation
  • Jail Minimum 1 Year - Maximum 5 Years


  • With a Blood Alcohol Content .10 and Under .16



  • Permanent License Revocation
  • Jail Minimum 2 Year - Maximum 6 Years


  • With a Blood Alcohol Content Above .16



  • Permanent License Revocation
  • Jail Minimum 3 Year - Maximum 7 Years


  • Ignition Device



    Multiple convictions for drunk driving may also result in a court ordered installation of an ignition interlock device on your vehicle at the convicted drivers expense. You could also face a permanent revocation of your drivers license under special circumstances. The Department of Motor Vehicles will publish and release the names of all drivers who have had their license suspended because of a DUI.

    The Implied Consent Law in South Carolina



    South Carolina's implied consent law means that any person who drives a motor vehicle on the roadways of the state is considered to have given their consent to a chemical test of their blood, breath or urine if they are detained by a peace officer who believes that the driver was driving under the influence of drugs, alcohol or both. If you refuse to submit to such a test, your drivers license will be immediately suspended for at least 90 days. In addition you can still be charged and convicted of a DUI without a chemical test if the peace officer convinces the court that you were intoxicated while operating a motor vehicle.



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