A DUI arrest in South Carolina can affect your license, your finances and your freedom, and the steps you take afterward matter. This guide covers the process from the first encounter with law enforcement through the court case, using the South Carolina statutes that govern each stage. It is general information, not legal advice. A licensed South Carolina attorney must review the facts of your case before you rely on any of it.
When police suspect drunk driving, the situation can move quickly. Officers are trained to look for signs of impairment, and they may ask you to perform roadside field sobriety tests. These tests are subjective, and many people have trouble with them even when sober. South Carolina law requires a driver to submit to field sobriety tests only when the officer suspects the driver caused a crash that killed another person (S.C. Code Ann. § 56-5-2948). State law also says that refusing a field sobriety test does not count as disobeying a police command (S.C. Code Ann. § 56-5-2953(A)(1)(b)).
You may also be asked to take a portable breath test. Anything you say or do during an arrest can be used against you, which is one reason to speak with a criminal defense lawyer as early as possible.
Initial Steps After a DUI Arrest
If the officer arrests you for DUI, you will be taken for booking (fingerprints and a photo) and the officer will likely ask you to take a breath test. Under South Carolina’s implied consent law, a person who drives in this State is considered to have consented to chemical testing of breath, blood or urine if arrested for DUI. The statute also says you do not have to take the test, but that your privilege to drive must be suspended or denied for at least six months if you refuse, and that your refusal may be used against you in court (S.C. Code Ann. § 56-5-2950). The officer must give you this information in writing and out loud before testing begins, and the testing is video recorded (S.C. Code Ann. § 56-5-2953).
You also have the right to remain silent and the right to an attorney (Miranda v. Arizona, 384 U.S. 436 (1966)). Many people choose to politely decline to answer questions about drinking or their activities until they have spoken with a lawyer.
Contact: Call Touma Law Group at (864) 618-2323 to get a free consultation about your DUI charge.
License Suspension and Administrative Hearings
A DUI arrest can lead to a license suspension that is separate from the criminal case. The Department of Motor Vehicles (SCDMV) must suspend the license of a driver who refuses the breath test or who takes it and has an alcohol concentration of 0.15 percent or more. The arresting officer issues a notice of suspension at the time of arrest (S.C. Code Ann. § 56-5-2951(A)). For a driver with no prior DUI-related convictions or suspensions in the preceding ten years, the statutory suspension is six months for a refusal and one month for a test result of 0.15 percent or more (S.C. Code Ann. § 56-5-2951(I)). Drivers under 21 face a separate suspension rule at a much lower alcohol concentration (S.C. Code Ann. § 56-1-286).
The deadline matters. Within thirty days of the notice of suspension, you may request a contested case hearing before the Office of Motor Vehicle Hearings (OMVH). If you do not request a hearing, you give up the right to one and the suspension continues (S.C. Code Ann. § 56-5-2951(B) and (D)).
This administrative hearing is a civil matter with a limited scope. It looks at questions such as whether you were lawfully arrested or detained, whether you were properly told your rights under the implied consent law, whether you refused, and, if you tested, whether the test was administered properly and the result was 0.15 percent or more. SCDMV and the arresting officer carry the burden of proof (S.C. Code Ann. § 56-5-2951(F)).
Along with the hearing request, the statute allows you to obtain a temporary alcohol license (TAL) from SCDMV for a $100 fee, which allows you to drive while the hearing is pending, or to enroll in the Ignition Interlock Device Program (S.C. Code Ann. § 56-5-2951(B)). The statute sets the hearing filing fee at $200, or as otherwise prescribed by the OMVH rules of procedure (S.C. Code Ann. § 56-5-2952). For an adult, the TAL allows driving “without any restrictive conditions” while the hearing is pending, and the interlock statute does not require a device until the suspension is upheld at the hearing or the hearing is waived (§ 56-5-2941(A)(5)). For a driver under 21, an ignition interlock restriction is kept on the TAL for three months (S.C. Code Ann. § 56-1-286(L)(2)). Confirm the requirements that apply to you with SCDMV or an attorney before relying on a TAL.
Learn: Find out if you can get a temporary license after a DUI.
If the suspension is overturned at the hearing, your driving privilege must be reinstated and the TAL fee reimbursed. If it is upheld, you must enroll in an Alcohol and Drug Safety Action Program (S.C. Code Ann. § 56-5-2951(B)(2)). The hearing does not decide the criminal charge, and the criminal case goes forward either way. An attorney can represent you at the hearing, and the hearing may also give your attorney an early look at the officer’s account.
Navigating the Criminal Case
The criminal case for a DUI arrest proceeds independently of the administrative license suspension. A person charged with DUI has the right to a jury trial (S.C. Code Ann. § 56-5-2935), and a first offense may be tried in magistrates court (S.C. Code Ann. § 56-5-2930(A)(1)).
Did you know? Take a look at the steps to take after an arrest.
The penalties for a DUI conviction depend on the number of prior offenses within the preceding ten years and on the alcohol concentration. The statute provides the following for DUI (S.C. Code Ann. § 56-5-2930):
- First offense: a $400 fine or 48 hours to 30 days in jail. If the alcohol concentration is at least 0.10 but less than 0.16, the statute provides a $500 fine or 72 hours to 30 days. At 0.16 or more, it provides a $1,000 fine or 30 to 90 days. In place of the minimum jail time, the court may provide for public service employment.
- Second offense: a fine of $2,100 to $5,100 and 5 days to 1 year in jail, with higher ranges when the alcohol concentration is 0.10 or more.
- Third offense: a fine of $3,800 to $6,300 and 60 days to 3 years in jail, with higher ranges when the alcohol concentration is 0.10 or more.
- Fourth or subsequent offense: 1 to 5 years in prison, with longer terms when the alcohol concentration is 0.10 or more.
These are the statutory base amounts. Other court costs and assessments may apply. Driving with an unlawful alcohol concentration of 0.08 percent or more is a separate offense with the same penalty structure (S.C. Code Ann. § 56-5-2933).
After a conviction, SCDMV suspends the license. A person convicted of a first offense may enroll in the Ignition Interlock Device Program, end the suspension and obtain an ignition interlock restricted license for six months. The required period is two years for a second offense, three years for a third (four years if the third offense falls within five years of the first), and for life for a fourth or subsequent offense (S.C. Code Ann. § 56-5-2990(A)).
At an early court date you will be asked to enter a plea. Whether to plead guilty, not guilty or nolo contendere is a decision to make with your attorney, and pleading not guilty preserves your right to contest the charge.
Your criminal defense attorney will review the evidence in your case, such as police reports, the video from the incident site and the breath test site, witness statements, and the results of any field sobriety tests and chemical tests. The statute lists factors you may challenge at trial, including whether you were lawfully arrested or detained, the time between arrest and testing, whether you were advised of your rights, and whether the tests were conducted according to the statute and SLED regulations (S.C. Code Ann. § 56-5-2930(I)).
For example, an attorney may ask whether the officer had a valid reason for the traffic stop, whether the field sobriety tests were administered correctly, and whether the breath test device was operated properly. Where evidence was obtained unlawfully, the defense may be able to ask the court to exclude it. Whether a motion succeeds depends on the facts.
Related: What to ask a criminal defense attorney during your consultation.
Pre-trial conferences and motions are common. Your attorney may discuss a resolution with the prosecutor, but whether any offer is made, and what it includes, depends on the facts and the prosecutor. Accepting a plea means admitting guilt and facing the penalties for the offense you plead to, including a criminal record that can affect jobs and housing.
If the case is not resolved, it goes to trial. You may have a jury decide the case, or you may choose a bench trial where the judge alone decides. The prosecution must prove the charge beyond a reasonable doubt.
Consequences Beyond the Courtroom
Beyond the immediate penalties, a DUI conviction in South Carolina can carry long-term consequences.
License Reinstatement
A person convicted of DUI must enroll in and complete an Alcohol and Drug Safety Action Program (ADSAP) certified by the Office of Substance Use Services. By statute, the cost of recommended services may not exceed $500 for education, $2,000 for treatment, and $2,500 in total, and a person cannot be denied services because of an inability to pay (S.C. Code Ann. § 56-5-2930(H)). Completing the program is a requirement for full restoration of driving privileges (S.C. Code Ann. § 56-5-2990(B)).
Learn more: Find out what happens to your car after a DUI
Insurance Premiums
A DUI conviction can lead to higher car insurance premiums, and some drivers are asked to provide an SR-22, a certificate of financial responsibility that an insurer files with the state. After a conviction, state law requires proof of financial responsibility before the license and registrations are restored, and insurers commonly file that proof as an SR-22 (S.C. Code Ann. § 56-9-500). SCDMV may waive the requirement after three years if there is no new qualifying conviction (S.C. Code Ann. § 56-9-620), and a person suspended only under § 56-5-2951 does not have to file it (§ 56-5-2951(M)). Confirm the requirement for your case with SCDMV or your insurer. By statute, an insurer may not increase premiums, add surcharges or cancel coverage based solely on a DUI charge unless the person is convicted (S.C. Code Ann. § 56-5-2951(N)).
Criminal Record
A DUI conviction creates a criminal record, which can show up during background checks for employment, housing and professional licenses.
Employment
Certain jobs, especially those that require a commercial driver’s license or involve driving, can be affected by a DUI conviction.
Why Speak With a DUI Defense Attorney
A DUI arrest raises legal questions about the stop, the testing, the license hearing and the criminal case, and the deadlines run at the same time. A criminal defense attorney who handles DUI cases in South Carolina can:
- Explain Your Rights: Review whether law enforcement followed the required procedures during your stop and arrest.
- Review the Evidence: Look at field sobriety tests, breath test results and police conduct to identify questions about the prosecution’s case.
- Handle the Administrative Hearing: Help with the hearing request and represent you at the OMVH hearing about your driving privileges.
- Communicate With Prosecutors: Discuss possible resolutions, which may or may not include reduced charges or alternative sentencing.
- Represent You in Court: If your case goes to trial, prepare your defense, present arguments and cross-examine witnesses.
- Explain the Consequences: Explain how a plea or conviction could affect your criminal record, driver’s license and insurance.
Do not let the shock of an arrest keep you from getting legal advice about the 30-day license deadline and the criminal case. Even when the evidence seems strong, there may be questions about the stop, the testing or the procedure that an attorney can review. No lawyer can promise a particular result.
A DUI arrest in South Carolina is a serious matter. From the implied consent law to the OMVH hearing deadline and the criminal case, each step has consequences. Speak with a licensed South Carolina criminal defense attorney to understand your options based on the facts of your case. Call Touma Law Group at (864) 618-2323.
