Facing a serious DUI charge in South Carolina can bring penalties well beyond a standard first offense. A higher alcohol concentration, a crash that injures someone, a child in the car or earlier DUI convictions can each change the range of punishment. This page explains how South Carolina law treats those situations. It is general information, and a licensed South Carolina attorney at our firm must review the facts of a case before anyone relies on it.
Touma Law Group represents people charged with DUI and other criminal offenses. Contact our DUI attorney in Greenville, SC today for a free consultation.
What Is an Aggravated DUI in South Carolina?
South Carolina’s DUI statutes do not use the phrase “aggravated DUI” as the name of an offense. People use the term for DUI cases that carry heavier penalties because of added circumstances. The statutes that matter are:
- DUI (S.C. Code Ann. § 56-5-2930), which makes it unlawful to drive while impaired by alcohol, drugs or both to the point that your faculties to drive are materially and appreciably impaired.
- Driving with an unlawful alcohol concentration (S.C. Code Ann. § 56-5-2933), which applies when the alcohol concentration is 0.08 percent or more.
- Felony DUI (S.C. Code Ann. § 56-5-2945), which applies when a DUI driver does an act forbidden by law or neglects a legal duty and that act or neglect proximately causes great bodily injury or death to another person.
- Child endangerment (S.C. Code Ann. § 56-5-2947), which applies when an adult commits a DUI offense with a passenger under 16 in the vehicle.
Penalties for these offenses can include fines, jail or prison, license suspension, an ignition interlock requirement, and an alcohol and drug education or treatment program. A death caused by a reckless driver can also be charged as reckless vehicular homicide (S.C. Code Ann. § 56-5-2910), which is a separate offense.
Penalties for DUI in South Carolina
The penalty for a DUI conviction depends on the number of prior offenses in the preceding ten years and on the alcohol concentration. Under S.C. Code Ann. § 56-5-2930:
- For a first offense, the penalty is a $400 fine or 48 hours to 30 days in jail. At an alcohol concentration of at least 0.10 but less than 0.16, it is a $500 fine or 72 hours to 30 days. At 0.16 or more, it is a $1,000 fine or 30 to 90 days.
- For a second offense, the penalty is a fine of $2,100 to $5,100 and 5 days to 1 year in jail. At 0.10 to less than 0.16, it is $2,500 to $5,500 and 30 days to 2 years. At 0.16 or more, it is $3,500 to $6,500 and 90 days to 3 years.
- For a third offense, the penalty is a fine of $3,800 to $6,300 and 60 days to 3 years. At 0.10 to less than 0.16, it is $5,000 to $7,500 and 90 days to 4 years. At 0.16 or more, it is $7,500 to $10,000 and 6 months to 5 years.
- For a fourth or subsequent offense, the penalty is 1 to 5 years in prison. At 0.10 to less than 0.16, it is 2 to 6 years. At 0.16 or more, it is 3 to 7 years.
For a first offense, the court may provide for public service employment in place of the minimum jail time, but it may not compel an offender to do so. For a second or subsequent offense, the minimum sentence is mandatory (S.C. Code Ann. § 56-5-2930(B)). Anyone convicted must enroll in and complete an Alcohol and Drug Safety Action Program (S.C. Code Ann. § 56-5-2930(H)).
After a conviction, SCDMV suspends the license, and the person may enroll in the Ignition Interlock Device Program. The interlock period is six months for a first offense, two years for a second, three years for a third (four years if the third offense is within five years of the first), and for life for a fourth or subsequent offense (S.C. Code Ann. § 56-5-2990(A)). A second or subsequent conviction also requires a 30-day immobilization of the person’s registered vehicles, unless the person holds an ignition interlock restricted license (S.C. Code Ann. § 56-5-2942).
Alcohol and Drugs
In South Carolina, the unlawful alcohol concentration level is 0.08 percent. A person can also be charged with DUI at a lower alcohol concentration if the State can show that alcohol, drugs or a combination of substances impaired the person’s faculties to drive (S.C. Code Ann. § 56-5-2930(A)). Prescription drugs are covered if they cause that kind of impairment. Higher alcohol concentrations carry higher penalty ranges, as shown above. For administrative purposes, SCDMV suspends the license of a driver who refuses testing or who tests at 0.15 percent or more, and a refusal to take a breathalyzer test can bring a suspension of at least six months (S.C. Code Ann. § 56-5-2951).
Circumstances That Increase the Penalties
Several circumstances change the range of punishment. Each comes from a specific statute, and the facts of a case decide which of them apply.
Higher Alcohol Concentration
The penalty ranges for a DUI increase at an alcohol concentration of 0.10 percent and again at 0.16 percent, as described above. See our page on blood alcohol concentration for more.
Great Bodily Injury or Death
Felony DUI applies when a DUI driver’s act or neglect proximately causes great bodily injury or death. For great bodily injury, the mandatory penalty is a fine of $5,100 to $10,100 and imprisonment of 30 days to 15 years. When death results, it is a fine of $10,100 to $25,100 and imprisonment of 1 to 25 years. A part of the mandatory sentence may not be suspended, and probation may not be granted for any portion. After release, the person must enroll in the Ignition Interlock Device Program, with the device required for three years when great bodily injury results and five years when a death occurs (S.C. Code Ann. § 56-5-2945). “Great bodily injury” means bodily injury that creates a substantial risk of death or causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.
A Passenger Under 16 in the Vehicle
A person 18 or older who commits DUI, driving with an unlawful alcohol concentration or felony DUI with a passenger younger than 16 in the vehicle is guilty of child endangerment. On conviction, the person may be fined up to one-half of the maximum fine, imprisoned up to one-half of the maximum term, or both, for the underlying offense. No part of that penalty may be suspended and probation may not be awarded. SCDMV also suspends the license, and the person must have an ignition interlock device for three months (S.C. Code Ann. § 56-5-2947). A person may be convicted of child endangerment in addition to the underlying offense.
Prior Offenses Within 10 Years
Only offenses within the ten years that include and immediately precede the date of the last violation count as prior offenses (S.C. Code Ann. § 56-5-2930(D)). A prior conviction for DUI or driving with an unlawful alcohol concentration, in South Carolina or in another state, counts toward the offense number and moves the person into the second, third or fourth-offense penalty range. See our page on the DUI lookback period for more.
Related Content: DUI Statistics for South Carolina
For more information, or if you have questions to ask a DUI lawyer, contact Touma Law Group.
What To Do if You Are Charged With a Serious DUI
If you have been charged with felony DUI, child endangerment or a repeat DUI, speak with a licensed South Carolina criminal defense attorney as soon as you can. These charges carry mandatory minimum sentences and long license consequences, and a separate administrative license suspension process runs on its own deadline. A person who wants to contest that suspension must request a hearing within thirty days of the notice of suspension (S.C. Code Ann. § 56-5-2951(B)).
An attorney at our firm can review the facts of your case, explain the charges, discuss possible resolutions, and explain probation and treatment requirements. We cannot promise a result. Whether a charge can be reduced or dismissed depends on the evidence and the law in your case. You can also read about how a DUI appears on your record.
