South Carolina · DUI · Checked October 2026
DUI Laws in South Carolina
What Happens if You Get a DUI in South Carolina?
South Carolina calls it DUI, and the legal limit for adult drivers is 0.08 blood alcohol content.
- License hearing deadline
- 30 days to challenge your license suspension
- First offense jail
- 48 hours to 30 days (BAC under 0.10); 72 hours to 30 days (BAC 0.10 to under 0.16); 30 to 90 days (BAC 0.16 or more)
- First offense fine
- $400 (BAC under 0.10); $500 (BAC 0.10 to under 0.16); $1,000 (BAC 0.16 or more)
- First offense license
- Suspended on conviction; the driver must enroll in the Ignition Interlock Device Program, end the suspension and get an ignition interlock restricted license, with the device installed for 6 months
- Felony
- Felony DUI is a DUI in which an unlawful act or neglect while driving proximately causes great bodily injury or death to another person
South Carolina DUI Laws: Key Facts
- Legal limit (adults)
- 0.08 BACS.C. Code § 56-5-2933(A); § 56-5-2930(A); § 56-1-2110; § 56-1-2120(C); § 56-1-286(A)
- Commercial drivers (CDL)
- 0.04 BAC
- Drivers under 21
- 0.02 BAC (Drivers under 21 with an alcohol concentration of 0.02 or more face a DMV license suspension)
- Enhanced penalties from
- 0.16 BAC
- Lookback period
- 10 years
South Carolina DUI Penalties by Offense
| Penalty | First offense | Second offense | Third offense |
|---|---|---|---|
| Jail | 48 hours to 30 days (BAC under 0.10); 72 hours to 30 days (BAC 0.10 to under 0.16); 30 to 90 days (BAC 0.16 or more) | 5 days to 1 year (BAC under 0.10); 30 days to 2 years (BAC 0.10 to under 0.16); 90 days to 3 years (BAC 0.16 or more); minimum sentence is mandatory | 60 days to 3 years (BAC under 0.10); 90 days to 4 years (BAC 0.10 to under 0.16); 6 months to 5 years (BAC 0.16 or more); minimum sentence is mandatory |
| Fine | $400 (BAC under 0.10); $500 (BAC 0.10 to under 0.16); $1,000 (BAC 0.16 or more) | $2,100 to $5,100 (BAC under 0.10); $2,500 to $5,500 (BAC 0.10 to under 0.16); $3,500 to $6,500 (BAC 0.16 or more); the fine cannot be suspended below $1,100 | $3,800 to $6,300 (BAC under 0.10); $5,000 to $7,500 (BAC 0.10 to under 0.16); $7,500 to $10,000 (BAC 0.16 or more) |
| License suspension | Suspended on conviction; the driver must enroll in the Ignition Interlock Device Program, end the suspension and get an ignition interlock restricted license, with the device installed for 6 months | Suspended on conviction; the driver must enroll in the Ignition Interlock Device Program and get an ignition interlock restricted license, with the device installed for 2 years | Suspended on conviction; the driver must enroll in the Ignition Interlock Device Program and get an ignition interlock restricted license, with the device installed for 3 years (4 years if the third offense occurs within 5 years of the first) |
| Ignition interlock | Required for 6 months (ignition interlock restricted license) | Required for 2 years | Required for 3 years, or 4 years if the third offense is within 5 years of the first |
First offense: S.C. Code § 56-5-2930(A)(1), (B), (C), (H); § 56-5-2933(A)(1); § 56-5-2990(A)(2) · Second offense: S.C. Code § 56-5-2930(A)(2), (B), (D); § 56-5-2990(A)(3) · Third offense: S.C. Code § 56-5-2930(A)(3)-(4), (B); § 56-5-2990(A)(4)-(5)
When Penalties Are Higher
- Alcohol concentration of 0.10 to under 0.16: Higher tier: first offense $500 or 72 hours to 30 days; second $2,500 to $5,500 and 30 days to 2 years; third $5,000 to $7,500 and 90 days to 4 years; fourth 2 to 6 yearsS.C. Code § 56-5-2930(A); § 56-5-2933(A)
- Alcohol concentration of 0.16 or more: Highest tier: first offense $1,000 or 30 to 90 days; second $3,500 to $6,500 and 90 days to 3 years; third $7,500 to $10,000 and 6 months to 5 years; fourth 3 to 7 yearsS.C. Code § 56-5-2930(A); § 56-5-2933(A)
- Driver 18 or older with one or more passengers younger than 16 (child endangerment): Separate conviction in addition to the DUI: a fine of up to half the DUI maximum fine and/or imprisonment of up to half the DUI maximum term, none of it suspendable and no probation. The license is suspended and the driver must hold an ignition interlock restricted license for 3 months.S.C. Code § 56-5-2947
- DUI that proximately causes great bodily injury or death (felony DUI): Great bodily injury: $5,100 to $10,100 fine and 30 days to 15 years. Death: $10,100 to $25,100 fine and 1 to 25 years. Mandatory sentences cannot be suspended and probation is not allowed.S.C. Code § 56-5-2945
More on South Carolina DUI penalties · Estimate penalties for your situation
If You Refuse a Breath or Blood Test
License suspended or denied for 6 months on a first refusal (9, 12 or 15 months for a second, third or fourth offense within 10 years). The refusal may be used against you in court. You can end the suspension early by enrolling in the Ignition Interlock Device Program for the remaining time (at least 3 months). If the suspension is upheld or you don't request a hearing, you must enroll in ADSAP.S.C. Code § 56-5-2950(B); § 56-5-2951(I)
Official source: if you refuse a breath or blood test in South Carolina
Getting a Ignition Interlock Restricted License; Temporary Alcohol License (Pending Hearing)
For DUI or DUAC violations on or after May 19, 2024, the DMV no longer issues a provisional license for a first offense or a route-restricted license for implied-consent or 0.15 BAC suspensions. Instead, the suspension ends when you enroll in the Ignition Interlock Device Program and get an ignition interlock restricted license. While a contested case hearing is pending, a $100 temporary alcohol license lets you drive without restrictions until the hearing result.
Ignition Interlock
First offense: Yes: 6 months for a first DUI or DUAC conviction (does not apply to a person who took a breath test and had an alcohol concentration of 0.00) Repeat offenses: 2 years (second); 3 years (third), or 4 years if within 5 years of the first; life (fourth or subsequent) The DMV requires an interlock on any vehicle the person drives (except a moped or motorcycle) after a DUI, DUAC, felony DUI or child-endangerment conviction. For an implied-consent or 0.15 suspension, the interlock runs for the time remaining on the suspension, at least 3 months. The program is run by the Department of Probation, Parole and Pardon Services, which uses a point system that can extend the interlock period or suspend the restricted license. The driver pays for the device; indigent drivers may apply for help from the Ignition Interlock Device Fund.
Can a DUI Come Off Your Record?
South Carolina's general expungement for minor convictions does not apply to an offense involving the operation of a motor vehicle, and people charged with DUI or DUAC cannot enter pretrial intervention. S.C. Code § 22-5-910(A) allows expungement of some low-level convictions after three years but states that it 'does not apply to an offense involving the operation of a motor vehicle.' S.C. Code § 17-22-50 bars people charged with driving under the influence or with an unlawful alcohol concentration from pretrial intervention.
Official source: can a dui come off your record? in South Carolina
Drivers Under 21
The DMV suspends the license of a driver under 21 who has an alcohol concentration of 0.02 or more. Drivers under 21 are considered to have consented to breath or blood testing. An officer who pursues this suspension cannot also prosecute DUI or DUAC for the same incident. Test result of 0.02 or more: 3-month suspension (6 months with a prior DUI conviction or alcohol suspension within 3 years). Refusal: 6-month suspension (1 year with a prior within 3 years).
Driving After Using Drugs
Yes. The DUI statute covers being materially and appreciably impaired by alcohol, any other drug or combination of drugs or substances, or alcohol combined with drugs. Officers may order a urine test when they suspect drugs.
Official source: driving after using drugs in South Carolina
More on DUI Law in South Carolina
For the state's own guidance, see South Carolina Department of Motor Vehicles: License Reinstatement.
This page summarizes South Carolina law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in South Carolina can advise on your case.
Frequently Asked Questions
What Is the Penalty for a First DUI in South Carolina?
Jail: 48 hours to 30 days (BAC under 0.10); 72 hours to 30 days (BAC 0.10 to under 0.16); 30 to 90 days (BAC 0.16 or more). Fine: $400 (BAC under 0.10); $500 (BAC 0.10 to under 0.16); $1,000 (BAC 0.16 or more). License suspension: Suspended on conviction; the driver must enroll in the Ignition Interlock Device Program, end the suspension and get an ignition interlock restricted license, with the device installed for 6 months.
How Long Do You Have to Request a License Hearing in South Carolina?
30 days. How it is counted: the issuance of the notice of suspension (the statute says 'within thirty days of the issuance of the notice of suspension';. Request a contested case hearing before the Office of Motor Vehicle Hearings (part of the Administrative Law Court) under its rules of procedure; the filing fee is $200 unless its rules prescribe otherwise. Within the same 30 days you may also enroll in the Ignition Interlock Device Program or get a $100 temporary alcohol license from the DMV, which lets you drive without restrictions until the hearing decision. If you miss it, the suspension usually takes effect automatically.
When Is a DUI a Felony in South Carolina?
Felony DUI is a DUI in which an unlawful act or neglect while driving proximately causes great bodily injury or death to another person.