South Carolina · DUI · Checked October 2026
South Carolina DUI Penalties: First, Second and Third Offense
South Carolina DUI Penalties: What Are the Rules?
South Carolina sets DUI penalties by offense, and they rise with each conviction.
- 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
- 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 |
Other First Offense Penalties in South Carolina
- The fine or imprisonment is imposed as alternatives: a fine 'or' imprisonment
- The court may allow public service employment in place of the minimum jail time (48 hours, 72 hours or 30 days)
- The first-offense fine must not be suspended and no part of the minimum sentence may be suspended
- Must enroll in and complete an Alcohol and Drug Safety Action Program (ADSAP); costs are capped at $500 for education and $2,500 total
- Not eligible for a provisional license for violations on or after May 19, 2024
Official source: other first offense penalties (South Carolina)
Other Second Offense Penalties in South Carolina
- Fine and imprisonment both apply
- A prior counts if it occurred within 10 years before the latest violation
- ADSAP enrollment and completion required
Official source: other second offense penalties (South Carolina)
Other Third Offense Penalties in South Carolina
- Fine and imprisonment both apply
- Fourth or subsequent offense: 1 to 5 years (BAC under 0.10), 2 to 6 years (0.10 to under 0.16), 3 to 7 years (0.16 or more), and a lifetime interlock requirement
- ADSAP enrollment and completion required
Official source: other third offense penalties (South Carolina)
When Penalties Are Higher in South Carolina
- 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 years
- 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 years
- 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.
- 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.
When a DUI Is 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.S.C. Code § 56-5-2945
How Far Back Prior Offenses Count in South Carolina
10 years. Only violations within 10 years, including and immediately preceding the date of the last violation, count as priors. Prior DUI or DUAC convictions, guilty or no-contest pleas, or bail forfeitures in South Carolina or another state all count. For the interlock period, a third offense within 5 years of the first raises the requirement from 3 to 4 years.S.C. Code § 56-5-2930(D); § 56-5-2990(A)(4), (A)(6)
Official source: how far back prior offenses count (South Carolina)
More on DUI Law in South Carolina
See the full overview of DUI laws in South Carolina and read about first-offense DUI penalties across the states.
This page summarizes South Carolina law from official sources, checked October 2026. It isn't legal advice; 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.
What Is the Penalty for a Second DUI in South Carolina?
Jail: 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. Fine: $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. License suspension: 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.
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.