DUI Charges in SC: Fines, Penalties, and Prison

If you or someone you care about has been arrested for DUI charges in South Carolina, the first thing you should do – after contacting your DUI lawyer – is learn about DUI charges and what you are facing.

What are your defenses?

What are the consequences if you are convicted of DUI?

What does the state need to prove before they can get a conviction?

In this article, we will cover the basics of DUI law in SC, including:

• How DUI charges are defined in SC,
• The different types of DUI charges in SC, and
• The potential penalties if you are convicted of DUI.

How are DUI Charges in SC Defined?

The first question you should probably answer is, what does driving under the influence mean under SC law?

You can be arrested for DUI if the officer believes there is probable cause that you are DUI, but 1) we all know police officers can be wrong, and 2) probable cause is a long way from guilty beyond any reasonable doubt.

What are the elements the state must prove to get a DUI conviction?

What is Driving Under the Influence?

Many people (and some cops, apparently) believe that DUI means you drink alcohol and then drive. That’s wrong.

Others believe that DUI means you were “over the limit,” and a breathalyzer result of .08% means you are automatically guilty. That’s wrong, too.

SC Code § 56-5-2930 says that it “is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol, [drugs, or a combination of alcohol and drugs] to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired.”

Regardless of the person’s breathalyzer result (although that will certainly be evidence against the person if there is a BAC result and it is admissible), the state must prove:

1. The person was driving. South Carolina is a driving under the influence state, not an operating under the influence state, which, as the SC Supreme Court has said in State v. Graves, means that the vehicle must be moving under the control of the person charged,
2. The person must have been under the influence of alcohol or other drugs while they were driving, and
3. The person must have been under the influence of alcohol or drugs “to the extent that the person’s faculties to drive a motor vehicle [were] materially and appreciably impaired.”

The magistrate or municipal court usually hears first-offense DUI or DUAC charges, although General Sessions Court has concurrent jurisdiction.

What is Driving with an Unlawful Alcohol Concentration?

If the person takes the breathalyzer or other BAC tests, the state could instead charge them with DUAC, or driving with an unlawful alcohol concentration – SC’s “per se” DUI law.

Under SC Code § 56-5-2933, the state only needs to prove that the person’s BAC was .08% or greater, regardless of whether they were intoxicated to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired.

The state cannot charge a person with DUAC unless they took an alcohol test. If the person is charged with DUAC, the state will likely need to bring an expert witness from SLED to counter any defense expert testimony about the Datamaster machine’s operation.

Second Offense – Third Offense – Fourth Offense or Greater DUI Charges or DUAC Charges

Second, third, or fourth or subsequent offense DUI or DUAC charges in SC are always heard in the Court of General Sessions, although the charges can be reduced to a first offense and remanded to the lower court for plea or trial.

Apart from the increased penalties and the requirement of a prior conviction(s) within the past ten years, second-offense or higher DUI charges have the same elements as first-offense DUI charges, and the prosecutor must prove the same things to get a conviction.

The penalties for subsequent DUI offenses gradually increase until a person convicted of a fourth or subsequent DUI could be sent to prison for up to seven years and be required to install an ignition interlock device for the rest of their life.

Felony DUI Resulting in Great Bodily Injury or Death

Felony DUI is a separate offense that is charged when there is great bodily injury or a person is killed as a result of a DUI-related crash.

Under SC Code Section 56-5-2945, the prosecution must prove that the person:

1. drove a motor vehicle,
2. While under the influence of alcohol, drugs, or a combination of alcohol and drugs,
3. Committed “any act forbidden by law or neglect[ed] any duty imposed by law in the driving of the motor vehicle,” and
4. The “act or neglect proximately cause[d] great bodily injury or death to another person.”

If a person is convicted of felony DUI in SC, they can be sent to prison for 30 days to 15 years if great bodily injury results or one to 25 years if someone died as a result of the crash.

DUI Penalties in South Carolina

The potential penalties for a DUI or DUAC conviction in SC are summarized in the chart below:

Charge of DUI or DUAC	BAC Level	Offense Classification	Penalty  (does not include court costs and assessments)	Mandatory IID	License Suspension
1st Offense	< .10%	misdemeanor	Fine = $400 OR Jail = 48 hours to 30 days	6 months	6 months
1st Offense	.10-.15%	misdemeanor	Fine = $500 OR Jail = 72 hours to 30 days	6 months	Depends on BAC: .10-.14% = 6 months .15 % or more = indefinite suspension with IID
1st Offense	>.15%	misdemeanor	Fine = $1,000 OR Jail = 30 to 90 days	6 months	Indefinite suspension
2nd Offense	<.10%	misdemeanor	Fine = $2,100-$5,100 AND Jail = 5 days to 1 year	2 years	Indefinite suspension
2nd Offense	.10-.15%	misdemeanor	Fine = $2,500-$5,500 (can’t be suspended lower than $1,100) AND Jail = 30 days to 2 years	2 years	Indefinite suspension
2nd Offense	>.15%	misdemeanor	Fine = $3,500-$6,500 (can’t be suspended lower than $1,100) AND Jail = 90 days to 3 years	2 years	Indefinite suspension
3rd Offense	<.10%	misdemeanor	Fine = $3,800-$6,300 AND Jail = 60 days to 3 years	3 years	Indefinite suspension
3rd Offense	.10-.15%	misdemeanor	Fine = $5,000-$7,500 AND Jail = 90 days to 4 years	3 years	Indefinite suspension
3rd Offense	>.15%	misdemeanor	Fine = $7,500-$10,000 AND Jail = 6 months to 5 years	3 years – or If the 1st conviction occurs within 5 years then 4 years IID	Indefinite suspension
4th or Subsequent Offense	<.10%	felony	Jail = 1-5 years	Life	Indefinite suspension
4th or Subsequent Offense	.10-.15%	felony	Jail = 2-6 years	Life	Indefinite suspension
4th or Subsequent Offense	>.15%	felony	Jail = 3-7 years	Life	Indefinite suspension

A Note on Ignition Interlock Devices (IID)

An Ignition Interlock Device is a small breathalyzer machine attached to your vehicle. It must record a breath sample before the vehicle can start.

If you blow below .02, you pass the test, and your vehicle will start.

If you blow .02 or higher, the vehicle will lock you out, notify the probation department, and you may face additional penalties. These penalties can range from substance abuse counseling to a lengthened period in the IID program and additional points added to your running total.

IID Point System:

• running retest with alcohol concentration = .02% but < .04% = ½ IIP
• running retest with alcohol concentration = .04% but < .15% = 1 IIP
• running retest with alcohol concentration = .15% = 2 IIP
• failure to complete a running retest = 1 IIP
• failure to have the required inspection within 60 days = 1 IIP
• tampering with the BAIID = 1 1/2 IIP
• allowing another person to engage the device on behalf of the required offender = 1 1/2 IIP

DUI charges before May 19, 2024, do not automatically require an IID for a first offense. Charges filed on or after May 19, 2024, will always require an IID, even for a first offense.

While installing an IID may sound negative, it can be good for defendants. It will prevent you from getting another DUI (in your vehicle) during the period of time it is on your vehicle. It also allows drivers to get back on the road, whereas they may not have had that choice under the old law.

Implied Consent – DUI Administrative Hearings in SC

There are other consequences to a DUI arrest or conviction, including administrative license suspensions.

For example, if you refuse the breathalyzer or other BAC test, your license is immediately suspended under SC’s implied consent laws.

If you take the breathalyzer and the result is .15% or greater, your license is still immediately suspended under SC’s implied consent laws.

You might be able to reverse this license suspension if you or your attorney requests an implied consent hearing within 30 days of your arrest.

At the hearing, you can challenge the probable cause for the stop, whether the Datamaster machine was functioning properly, the test operator’s qualifications, whether they followed SC law and SLED regulations during the testing process, and other details of your arrest and testing procedure.

If you win your implied consent hearing…

Your suspension is “rescinded,” and your license is restored, but you must still face the DUI or DUAC charges in criminal court.

You are not required to install an IID, and you will get your full license back.

If you lose your implied consent hearing…

If you did not request an implied consent hearing, you must enroll in ADSAP. You may be required to either serve out the suspension or install an ignition interlock device on your vehicle, and you must still face the DUI or DUAC charges in criminal court.

Starting May 19, 2024, charges filed on this date or after will require an Ignition Interlock Device even for 1st offenses. An IID will be mandatory if your implied consent violation is not overturned at your implied consent hearing.

Questions About DUI Charges in SC?

If you have been charged with DUI or DUAC in the Summerville, SC, or Charleston, SC, area, call Summerville DUI lawyer Mitchell Farley now at 843-212-2262 or email us through our contact form to find out what your options are and how we can help.