South Carolina treats driving under the influence as a serious crime, and the penalties get heavier with every previous conviction. A first offense can mean jail time, a license suspension, an ignition interlock device and fines. A DUI that causes great bodily injury or death is charged under a separate felony statute with mandatory prison terms.
Your alcohol concentration and your number of previous convictions drive what happens next. Touma Law Group is a veteran-owned South Carolina criminal defense firm, and our defense attorneys include former state prosecutors who once handled DUI cases from the other side of the courtroom. This page is general information, not legal advice. A licensed South Carolina attorney at Touma Law Group must review the facts of your case before you rely on any of it.
What a DUI Conviction Actually Costs You
South Carolina Law Section 56-5-2930 makes it illegal to drive while materially and appreciably impaired by alcohol, drugs, or both. A separate law makes it illegal to drive with an unlawful alcohol concentration of 0.08 percent or more, sometimes called DUAC (S.C. Code Ann. § 56-5-2933). Both carry the same penalties, and both get steeper with each previous offense. A prior offense counts only if the violation occurred within ten years including and immediately preceding the date of the last violation (S.C. Code Ann. § 56-5-2930(D)).
- First offense: for a first-time DUI, a $400 fine or 48 hours to 30 days in jail; a $500 fine or 72 hours to 30 days at an alcohol concentration of 0.10 to under 0.16; a $1,000 fine or 30 to 90 days at 0.16 or higher. The court may allow 48 hours of public service in place of the jail minimum, and the fine on a first offense cannot be suspended. After a conviction, the license is suspended, and an ignition interlock device is required for six months (S.C. Code Ann. § 56-5-2990).
- Second offense: $2,100 to $5,100 and five days to one year in jail; $2,500 to $5,500 and 30 days to two years at 0.10 to under 0.16; $3,500 to $6,500 and 90 days to three years at 0.16 or higher. The ignition interlock device is required for two years. The vehicle’s registration and plates can also be suspended and surrendered for 30 days during the license suspension, with a $50 fee per vehicle, unless the person holds a valid ignition interlock restricted license (S.C. Code Ann. § 56-5-2942).
- Third offense: $3,800 to $6,300 and 60 days to three years in jail; $5,000 to $7,500 and 90 days to four years at 0.10 to under 0.16; $7,500 to $10,000 and six months to five years at 0.16 or higher. A third offense is a Class A misdemeanor (S.C. Code Ann. § 16-1-100). The ignition interlock device is required for three years, or four years if the third offense is within five years of the first. For a third or later DUI within ten years, the vehicle that was driven can be confiscated, and the owner may request a hearing within 10 days of the notice (S.C. Code Ann. § 56-5-6240).
- Fourth or subsequent offense: a Class F felony (S.C. Code Ann. § 16-1-90) carrying one to five years in prison, two to six years at 0.10 to under 0.16, and three to seven years at 0.16 or higher, with an ignition interlock device required for life.
No part of the minimum sentence may be suspended (S.C. Code Ann. § 56-5-2930). The alcohol concentration at which DUAC applies for most adult drivers is 0.08 percent. A driver under 21 faces a license suspension at an alcohol concentration of 0.02 or more (S.C. Code Ann. § 56-1-286), and a driver under 21 at 0.08 or more can still be charged with DUI. For commercial drivers, a federal rule bars performing safety-sensitive functions with an alcohol concentration of 0.04 or greater (49 C.F.R. § 382.201).
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Why Your License is at Risk Before You Ever See a Judge
A DUI arrest triggers two legal processes from a single charge: the criminal justice system in court, and an administrative license action through SCDMV. South Carolina’s implied consent law says anyone who drives in the state is considered to have consented to a breath, blood, or urine test if arrested for DUI (S.C. Code Ann. § 56-5-2950(A)).
If you refuse that test, your license must be suspended or denied for at least six months, and a result of 0.15 or higher triggers its own separate suspension of at least one month, with longer periods when you had earlier offenses in the preceding ten years (S.C. Code Ann. § 56-5-2951). In place of serving the rest of either suspension, a person may enroll in the Ignition Interlock Device Program. Within 30 days of the notice of suspension, you can request a contested case hearing, and you can either enroll in the program or get a Temporary Alcohol License from SCDMV for $100 (S.C. Code Ann. § 56-5-2951(B)). The administrative case does not decide the criminal charge, which goes forward separately.
The Code says a Temporary Alcohol License allows an adult to drive without restrictive conditions while the hearing is pending, and that a device is not required until the suspension is upheld or the hearing is waived (S.C. Code Ann. § 56-5-2951(B)(1); S.C. Code Ann. § 56-5-2941(A)). For a driver under 21, the interlock restriction must be kept on the Temporary Alcohol License for three months (S.C. Code Ann. § 56-1-286). Confirm the current requirement with SCDMV.
When a DUI Becomes a Felony DUI
South Carolina DUI laws treat a DUI differently once it causes serious bodily harm (S.C. Code Ann. § 56-5-2945). Causing great bodily injury brings a mandatory fine of $5,100 to $10,100 and mandatory prison of 30 days to 15 years. A death raises the fine to $10,100 to $25,100 and the term to one to 25 years. Courts cannot suspend any part of these sentences or grant probation for any portion of them. After release from prison, an ignition interlock device is required for three years in an injury case and five years in a death case.
A passenger under 16 does not make a DUI a felony, but driving under the influence with a child passenger under 16 is a separate offense of child endangerment with its own penalty (S.C. Code Ann. § 56-5-2947).
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The Consequences That Outlast the Courtroom
A DUI conviction does not stop at the fine and jail sentence. Every conviction, including a first offense, requires enrollment in and completion of an Alcohol and Drug Safety Action Program certified by the Office of Substance Use Services (S.C. Code Ann. § 56-5-2930(H); South Carolina’s Alcohol and Drug Safety Action Program). The Code caps the cost at $500 for education, $2,000 for treatment and $2,500 in total, and a person who cannot pay performs 50 hours of community service instead of being denied services.
When SCDMV suspends a license after a conviction, it also suspends the registration unless the person gives and maintains proof of financial responsibility, which many people call SR-22 (S.C. Code Ann. § 56-9-500). On request, SCDMV waives the filing requirement at any time after three years from the date proof was required, if it has received no record of a conviction or bail forfeiture that would require or permit a suspension in the three years before the request (S.C. Code Ann. § 56-9-620). Confirm the exact requirement for your case with SCDMV or your insurer. An insurer may not raise premiums, add surcharges or cancel a policy based only on a DUI charge unless the person is convicted (S.C. Code Ann. § 56-5-2951(N)).
Nurses, teachers, and other license holders may also face separate review by their professional licensing boards, and commercial drivers are subject to the federal 0.04 alcohol concentration rule described above.
How Officers Build a DUI Case Against You
Most DUI stops start with an ordinary reason: a broken taillight, a lane violation, or a single-vehicle crash. The police officer then documents signs of impairment, may ask for field sobriety tests, and requests a breath or blood test under the implied consent law. A refusal of a field sobriety test does not constitute disobeying a police command (S.C. Code Ann. § 56-5-2953(A)(1)(b)), with an exception when the officer suspects the driver caused a crash that killed someone (S.C. Code Ann. § 56-5-2948).
None of this automatically proves guilt. Field sobriety tests can be affected by fatigue and uneven pavement, and chemical tests depend on equipment that must be operated under the State Law Enforcement Division’s policies. The right defense depends on the evidence, the charge, and the court handling the case.
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What to Do After a DUI Arrest in South Carolina
- Stay calm and polite with law enforcement, but avoid volunteering details about how much you had to drink.
- Write down what you remember about the stop and the arrest as soon as you safely can.
- Note the 30-day deadline, counted from the notice of suspension, to request a contested case hearing if your license was suspended.
- Speak with a DUI defense attorney before your first court date.
Who Handles DUI Cases at Touma Law Group
Touma Law Group is a veteran-owned South Carolina criminal defense firm built by attorneys who know both sides of a DUI courtroom. Adam Touma, who leads the Greenville office, previously served as a public defender in Greenville County’s courthouses. Jarrett Roman, a combat veteran who leads the Anderson office, previously served as an Assistant Solicitor in the 10th Judicial Circuit.
If you were arrested for a DUI anywhere in South Carolina, a defense attorney can walk through your options before your first court date. No lawyer can promise a result. Call Touma Law Group at (864) 618-2323 for a free case review, or contact us online to reach the office closest to you.
No. A charge is not a conviction. The prosecution still has to prove impairment or an unlawful alcohol concentration, and the stop, field sobriety tests, and chemical test results can all be challenged.
For the DUI penalties in the Code, a conviction, guilty plea, no contest plea or bail forfeiture for DUI or DUAC counts only if the violation occurred within ten years including and immediately preceding the date of the last violation. The ignition interlock section words the counting differently for some third offense cases, and the Code does not say what that difference changes, so an attorney should confirm how your record is being counted.
The Code allows you to request a Temporary Alcohol License for $100 or to enroll in the Ignition Interlock Device Program within 30 days of the notice of suspension, and the Code says a Temporary Alcohol License allows an adult to drive without restrictive conditions until the hearing is resolved. SCDMV says a provisional license is no longer issued for a first offense DUI or DUAC for violations on or after May 19, 2024. The deadlines are short, so confirm your options with SCDMV or an attorney.
It can. Some professional licensing boards review criminal charges separately from the court case, and commercial drivers are subject to a federal rule that bars safety-sensitive work at an alcohol concentration of 0.04 or greater.
