South Carolina DUI Laws & Penalties
Last reviewed:
SC grades EVERY offense level by BAC tier (<0.10, 0.10–0.159, 0.16+). Two SC-specific quirks: the arrest must be VIDEO-recorded (strong defense angle) and the May-2024 'All-Offender Law' moved most drivers into the interlock program instead of a provisional license.
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0.02%, enhanced at 0.16%).
- Lookback period: 10 years. § 56-5-2930(D): only violations occurring within ten years including and immediately preceding the date of the last violation count as priors. Convictions from other states, and South Carolina convictions under § 56-5-2933 (driving with an unlawful alcohol concentration), count as prior offenses.
- Primary statute: S.C. Code § 56-5-2930 (DUI offense and penalties by offense number and BAC tier)
Every offense level is tiered three ways by BAC: under 0.10, 0.10–0.159, and 0.16 or more. Note a second, different threshold: § 56-5-2951 triggers an administrative licence suspension at 0.15 or more (or on refusal), which is a separate track from the criminal tiers in § 56-5-2930.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | Misdemeanor — fine OR imprisonment (not both); may be tried in magistrates court | 48 hours (under 0.10) / 72 hours (0.10–0.159) / 30 days (0.16+) – 30 days (under 0.16) / 90 days (0.16+); mandatory min 48 hours, 72 hours, or 30 days by BAC tier — the court may allow public service employment instead, but may not compel it | $400–$1,000 ($400 under 0.10; $500 at 0.10–0.159; $1,000 at 0.16+. A first-offence fine may not be suspended. The statute reads fine OR imprisonment, so a first offence is not both) | 6 months; hardship: enrolment in the Ignition Interlock Device Program under § 56-5-2941 is the route to keep driving | Required |
| Second offense | Misdemeanor — fine AND imprisonment (prior within 10 years) | 5 days (under 0.10) / 30 days (0.10–0.159) / 90 days (0.16+) – 1 year (under 0.10) / 2 years (0.10–0.159) / 3 years (0.16+); mandatory min service of the minimum sentence is mandatory and may not be suspended, though the judge may order it served on weekends or at night | $2,100–$6,500 ($2,100–$5,100 under 0.10; $2,500–$5,500 at 0.10–0.159; $3,500–$6,500 at 0.16+. The fine may not be suspended below $1,100) | 1 year – 2 years (0.16+); hardship: Ignition Interlock Device Program | Required |
| Third offense | Fine AND imprisonment; the multi-year exposure at this level puts it in felony territory (priors within 10 years) | 60 days (under 0.10) / 90 days (0.10–0.159) / 6 months (0.16+) – 3 years (under 0.10) / 4 years (0.10–0.159) / 5 years (0.16+); mandatory min minimum sentence mandatory, not suspendable | $3,800–$10,000 ($3,800–$6,300 under 0.10; $5,000–$7,500 at 0.10–0.159; $7,500–$10,000 at 0.16+) | 2 years – 4 years (0.16+); hardship: Ignition Interlock Device Program | Required |
| Fourth+ offense | Fourth or subsequent offence — imprisonment only; no fine is specified by the statute | 1 year (under 0.10) / 2 years (0.10–0.159) / 3 years (0.16+) – 5 years (under 0.10) / 6 years (0.10–0.159) / 7 years (0.16+); mandatory min minimum sentence mandatory, not suspendable | $0 (§ 56-5-2930(A)(4) sets imprisonment only for a fourth or subsequent offence — no fine range is stated) | permanent revocation is possible at this level – permanent; hardship: limited; interlock program participation governs any return to driving | Required |
First offense
- Classification: Misdemeanor — fine OR imprisonment (not both); may be tried in magistrates court
- Jail: 48 hours (under 0.10) / 72 hours (0.10–0.159) / 30 days (0.16+) – 30 days (under 0.16) / 90 days (0.16+); mandatory min 48 hours, 72 hours, or 30 days by BAC tier — the court may allow public service employment instead, but may not compel it
- Fine: $400–$1,000 ($400 under 0.10; $500 at 0.10–0.159; $1,000 at 0.16+. A first-offence fine may not be suspended. The statute reads fine OR imprisonment, so a first offence is not both)
- License suspension: 6 months; hardship: enrolment in the Ignition Interlock Device Program under § 56-5-2941 is the route to keep driving
- Alternative disposition: Enrolment in the Alcohol and Drug Safety Action Program (ADSAP) is required for licence reinstatement.
- Interlock: South Carolina requires an interlock for essentially every conviction — § 56-5-2941 directs the DMV to require a device for anyone convicted under § 56-5-2930, with a narrow exception for a driver who submitted to a breath test reading 0.00, plus a medical waiver.
- The public-service alternative to the mandatory minimum must be served when it does not interfere with the person's regular employment, and the court cannot force it on an offender who would rather serve the time.
Second offense
- Classification: Misdemeanor — fine AND imprisonment (prior within 10 years)
- Jail: 5 days (under 0.10) / 30 days (0.10–0.159) / 90 days (0.16+) – 1 year (under 0.10) / 2 years (0.10–0.159) / 3 years (0.16+); mandatory min service of the minimum sentence is mandatory and may not be suspended, though the judge may order it served on weekends or at night
- Fine: $2,100–$6,500 ($2,100–$5,100 under 0.10; $2,500–$5,500 at 0.10–0.159; $3,500–$6,500 at 0.16+. The fine may not be suspended below $1,100)
- License suspension: 1 year – 2 years (0.16+); hardship: Ignition Interlock Device Program
- Interlock: Required; the interlock period lengthens with offence number and BAC tier.
- From the second offence onward the statute imposes a fine AND imprisonment, unlike the first offence where it is one or the other.
Third offense
- Classification: Fine AND imprisonment; the multi-year exposure at this level puts it in felony territory (priors within 10 years)
- Jail: 60 days (under 0.10) / 90 days (0.10–0.159) / 6 months (0.16+) – 3 years (under 0.10) / 4 years (0.10–0.159) / 5 years (0.16+); mandatory min minimum sentence mandatory, not suspendable
- Fine: $3,800–$10,000 ($3,800–$6,300 under 0.10; $5,000–$7,500 at 0.10–0.159; $7,500–$10,000 at 0.16+)
- License suspension: 2 years – 4 years (0.16+); hardship: Ignition Interlock Device Program
- Interlock: Required, for a substantially longer period than a first or second offence.
Fourth+ offense
- Classification: Fourth or subsequent offence — imprisonment only; no fine is specified by the statute
- Jail: 1 year (under 0.10) / 2 years (0.10–0.159) / 3 years (0.16+) – 5 years (under 0.10) / 6 years (0.10–0.159) / 7 years (0.16+); mandatory min minimum sentence mandatory, not suspendable
- Fine: $0 (§ 56-5-2930(A)(4) sets imprisonment only for a fourth or subsequent offence — no fine range is stated)
- License suspension: permanent revocation is possible at this level – permanent; hardship: limited; interlock program participation governs any return to driving
- Interlock: Required; at this level the interlock requirement can extend for life.
- This tier was missing from the earlier draft of this page entirely.
Refusing a chemical test (implied consent)
Under § 56-5-2951 the DMV suspends the licence of a driver who refuses testing OR who has an alcohol concentration of 0.15 or more. Within 30 days the driver may request a contested case hearing and either enrol in the Ignition Interlock Device Program under § 56-5-2941 or obtain a temporary alcohol licence for a $100 fee, held in trust pending the hearing.
Note the threshold difference: the administrative suspension in § 56-5-2951 triggers at 0.15, while the criminal penalty tiers in § 56-5-2930 step at 0.10 and 0.16.
Statute: S.C. Code § 56-5-2951
Ignition interlock
All-offender interlock. § 56-5-2941 directs the DMV to require an ignition interlock on any vehicle driven by a person convicted under § 56-5-2930, § 56-5-2933, § 56-5-2945 or § 56-5-2947, or issued a temporary alcohol licence under § 56-1-286 or § 56-5-2951 — including first offences. The exception is a driver who submitted to a breath test and blew 0.00. A medical waiver is available where a person cannot physically operate the device, but the DMV then suspends the licence for the equivalent period instead.
Statute: S.C. Code § 56-5-2941
Frequently asked questions
What is the penalty for a first DUI in South Carolina?
A first DUI in South Carolina is a Misdemeanor — fine OR imprisonment (not both); may be tried in magistrates court. Jail: 48 hours (under 0.10) / 72 hours (0.10–0.159) / 30 days (0.16+) – 30 days (under 0.16) / 90 days (0.16+); mandatory min 48 hours, 72 hours, or 30 days by BAC tier — the court may allow public service employment instead, but may not compel it. Fine: $400–$1,000 ($400 under 0.10; $500 at 0.10–0.159; $1,000 at 0.16+. A first-offence fine may not be suspended. The statute reads fine OR imprisonment, so a first offence is not both). License suspension: 6 months; hardship: enrolment in the Ignition Interlock Device Program under § 56-5-2941 is the route to keep driving.
What is the legal BAC limit in South Carolina?
0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
How long does South Carolina look back at prior DUI offenses?
10 years. § 56-5-2930(D): only violations occurring within ten years including and immediately preceding the date of the last violation count as priors. Convictions from other states, and South Carolina convictions under § 56-5-2933 (driving with an unlawful alcohol concentration), count as prior offenses.