South Carolina DUI Penalties

Were you recently charged with driving under the influence (DUI) in Columbia, SC? If so, you could face some severe penalties, including:

  • Jail time
  • Driver’s license suspensions
  • Fines
  • Ignition interlock requirements
  • Mandatory counselling

Let’s take a closer look at South Carolina’s drunk driving laws and penalties so you can better understand your situation.

What are the laws regarding DUI in South Carolina?

Section 56-5-2930 of the South Carolina Code of Laws explains that it is unlawful for a person to operate a motor vehicle while under the influence of alcohol to the extent that their faculties are “materially and appreciably impaired.”

Police officers generally use blood or breath tests to determine if a driver is under the influence of alcohol. According to Section 56-5-2950 of the South Carolina Code of Laws, everyone who operates a vehicle in the Palmetto State “is considered to have given consent” to these tests.

If you had a blood alcohol concentration (BAC) of 0.08 percent or higher, the state will infer that your faculties were impaired.

If your BAC is between 0.05 and 0.08 percent, the state can consider your chemical test results, in addition to other evidence (such as a failed field sobriety test) to infer you were driving under the influence.

What happens immediately after a DUI arrest?

Most people who are arrested for drunk driving in South Carolina are immediately taken to the police station to be booked and processed. However, if you are injured or unwell, you might be brought to the hospital first.

If you refused to take a chemical test or had a BAC of 0.15 percent or higher, you will likely have your driver’s licence suspended during the booking process. You may be able to challenge this suspension by requesting a hearing within 30 days.

While you are at the police station, the city may also tow and impound your vehicle. The officers on duty can typically tell you how to reclaim your car once you are released from custody.

Can I drive while I’m waiting for my hearing?

If the state suspends your license after your DUI arrest, you will immediately lose your driving privileges. However, you can apply for a temporary alcohol license as soon as you request an administrative hearing.

The DMV should process your temporary alcohol license application within a week. If granted, this permit will give you the right to drive within the state while you wait for your hearing.

You should not drive while the DMV is processing your temporary alcohol license application. If you do, you may face additional charges.

What are the penalties for a DUI conviction in South Carolina?

The penalties for drunk driving in South Carolina depend on your BAC and the number of times you have been convicted of the same offense in the past.

The punishments for a first DUI in the Palmetto State include:

  • Between 48 hours and 30 days in jail (for a BAC between 0.08 and 0.10 percent)
  • Between 72 hours and 30 days in jail (for a BAC between 0.10 and 0.15 percent)
  • Between 30 and 90 days in jail (for a BAC of 0.15 percent or higher)
  • A fine of between $400 and $1,000
  • A six-month driver’s license suspension
  • Mandatory installation of an ignition interlock device

If you are convicted of drunk driving for a second time in 10 years, you could face the following penalties:

  • Between five and 30 days in jail (for a BAC between 0.08 and 0.10 percent)
  • Between 30 days and two years in jail (for a BAC between 0.10 and 0.15 percent)
  • Between 90 days and three years in jail (for a BAC of 0.15 percent or higher)
  • A fine of between $2,100 and $6,500
  • A one-year driver’s license suspension
  • Mandatory installation of an ignition interlock device

For a third conviction within 10 years of a prior conviction, the state can levy these punishments:

  • Between 60 days and three years in jail (for a BAC between 0.08 and 0.10 percent)
  • Between 90 days and four years in jail (for a BAC between 0.10 and 0.15 percent)
  • Between six months and five years in jail (for a BAC of 0.15 percent or higher)
  • A fine of between $3,800 and $10,000
  • A driver’s license suspension of two to four years
  • Mandatory installation of an ignition interlock device

Your fourth (or subsequent) DUI within 10 years is a felony. Penalties include:

  • Between one and five years in prison (for a BAC between 0.08 and 0.10 percent)
  • Between two and six years in prison (for a BAC between 0.10 and 0.15 percent)
  • Between three to seven years in prison (for a BAC of 0.15 percent or higher)
  • Permanent driver’s license revocation
  • Mandatory installation of an ignition interlock device

The best way to understand the penalties you may be facing is to consult with an experienced DUI attorney in Columbia, SC.

Other Consequences of Felony DUI Conviction in South Carolina

If you are convicted of felony DUI in the state of South Carolina, you won’t just face the criminal penalties outlined above. You may also face collateral consequences, such as:

  • The loss of your job or professional license
  • Expulsion from college or university
  • Difficulty renting a house or apartment
  • Increased auto insurance rates
  • The loss of your voting rights
  • The loss of your gun ownership rights

If you are not a citizen of the United States, you may even face deportation or trouble renewing your Green Card.

Fight Back Against Your DUI Charge with William A. Hodge

Are you worried about losing your driver’s license, going to jail, or being deported? Then please don’t hesitate to get in touch with my DUI defense law firm. We will analyze your situation, walk you through your options, and help you fight back against your drunk driving charges.