Wrongful Arrest for DUI?
Over 600 people in one state alone were arrested for DUI when bloodwork showed zero alcohol or drugs. Learn what your rights are and what actions you can take in South Carolina.
Overview of South Carolina DUI Law
SC DUI laws cover several types of impaired driving offenses, each requiring the state to prove different elements and carrying different penalties. Understanding which charge you face, and what the state must actually prove, is the foundation of your defense.
Key fact: Despite what advertising paid for by special interest groups claims: it is not illegal in South Carolina to drink and drive. The state must prove beyond a reasonable doubt that your ability to drive was materially and substantially impaired.
Driving Under the Influence (DUI)
SC's DUI statute is found in SC Code § 56-5-2930. The state must prove that you were (1) driving a motor vehicle in South Carolina, (2) while under the influence of alcohol or drugs, (3) to the extent your faculties to drive were materially and appreciably impaired.
How the State Proves DUI
Prosecutors typically rely on breathalyzer or blood test results, officer testimony about field sobriety tests, dashcam and bodycam footage, eyewitness accounts, and statements you made. In drug DUI cases, a toxicologist typically testifies about drug levels and their physiological effects.
Driving with Unlawful Alcohol Concentration (DUAC)
DUAC is South Carolina's "per se" statute under SC Code § 56-5-2933. The state only needs to prove your BAC was .08 or greater, regardless of whether your driving was actually impaired. If you refused chemical testing, you cannot be charged with DUAC. In DUAC cases, the central battle is typically over the admissibility and accuracy of your BAC results.
Felony DUI in South Carolina
When great bodily injury or death results from a DUI incident, the charge becomes Felony DUI under SC Code § 56-5-2945. The state must prove the defendant caused injury or death while driving under the influence, while committing any act forbidden by law. These are emotionally complex cases with media attention, civil suits, and sentences up to 25 years in prison.
DUI Penalties in South Carolina
A DUI conviction triggers not only jail time but mandatory minimums in many cases, license suspensions, financial penalties, and permanent collateral consequences. A DUI conviction cannot be expunged in South Carolina.
Never Plead Guilty at Your Bond Hearing
Many DUI charges carry mandatory minimum sentences, meaning the court must sentence you to jail if you plead guilty. Retain counsel before entering any plea.
SC DUI Penalties Chart
| Charge | BAC | Fines | Jail Time | License |
|---|---|---|---|---|
| DUI 1st Offense | <.10 | Up to $400 | 48 hrs–30 days | 6 months |
| DUI 1st Offense | .10–.15 | Up to $500 | 72 hrs–30 days | 6 months |
| DUI 1st Offense | >.15 | Up to $1,000 | 30–90 days | IID Program |
| DUI 2nd Offense | <.10 | $2,100–$5,100 | 5 days–1 year | IID Program |
| DUI 2nd Offense | .10–.15 | $2,500–$5,500 | 30 days–2 years | IID Program |
| DUI 2nd Offense | >.15 | $3,500–$6,500 | 90 days–3 years | IID Program |
| DUI 3rd Offense | <.10 | $3,800–$6,300 | 60 days–3 years | IID Program |
| DUI 3rd Offense | .10–.15 | $5,000–$7,500 | 90 days–4 years | IID Program |
| DUI 3rd Offense | >.15 | $7,500–$10,000 | 6 months–5 years | IID Program |
| DUI 4th+ | <.10 | N/A | 1–5 years | IID Program |
| DUI 4th+ | .10–.15 | N/A | 2–6 years | IID Program |
| DUI 4th+ | >.15 | N/A | 3–7 years | IID Program |
| Felony DUI: Great Bodily Injury | N/A | $5,100–$10,100 | 30 days–15 years | N/A |
| Felony DUI: Death | N/A | $10,100–$25,100 | 1–25 years | N/A |
Collateral Consequences of a SC DUI Conviction
- SR-22 insurance for at least 3 years
- Enrollment in and cost of ADSAP (Alcohol & Drug Safety Action Program)
- Ignition Interlock Device installation and monitoring fees
- DMV reinstatement fees
- Permanent criminal record. DUI cannot be expunged in SC
- Restricted career opportunities and travel (including Canada)
