In South Carolina, DUI penalties vary by offense and Blood Alcohol Content (BAC) level. The penalties include driver’s license suspension, fines, potential jail time, and mandatory completion of the Alcohol and Drug Safety Action Program (ADSAP). Higher BAC levels result in harsher penalties. A driver may face felony charges if a DUI accident involves a death or serious injury.
Facing the criminal justice system alone can be overwhelming. The consequences of a DUI conviction can affect your driving privileges, personal finances, and future. Many people arrested on DUI charges have concerns about the required steps to take. You need trusted legal counsel who will treat you with compassion and respect.
A skilled DUI defense lawyer can lead you through the legal process and protect your rights. The attorneys at McKinney, Tucker & Lemel LLC help clients in Rock Hill and throughout York and Lancaster Counties seek the best outcome to drunk driving charges. Our DUI defense attorneys have been serving South Carolina residents since 1977, providing responsive and compassionate guidance, as well as cost-effective advocacy.
What Is a DUI in South Carolina?
South Carolina law makes it illegal to operate a vehicle while impaired by alcohol. A BAC of 0.08 percent or higher creates a presumption of impairment. BAC readings between 0.05 percent and 0.08 percent are evaluated in conjunction with other evidence to determine impairment.
Commercial drivers face stricter limits. A commercial driver with a BAC of 0.04 percent or more may face DUI charges. The state of South Carolina also enforces a DUAC law, applying the same penalties as a DUI when a driver’s BAC is 0.08 percent or higher, even without visible signs of impairment.
What Does ‘Implied Consent’ Mean?
South Carolina’s implied consent law means anyone driving in the state automatically agrees to submit to alcohol or drug testing when officers have probable cause for a DUI arrest. Police may request breath, blood, or urine samples.
Refusing a breathalyzer test or other BAC test triggers immediate penalties: a 90-day license suspension for the first refusal and 180 days for individuals with a prior alcohol-related offense within ten years, even if no criminal conviction follows.
How Do South Carolina DUI Penalties Vary by Offense?
The penalties for DUI convictions escalate with each subsequent offense and increase based on BAC levels. South Carolina law establishes a ten-year lookback period for determining offense numbers. Any prior convictions within 10 years count toward the classification of the current charge.
First Offense
Conviction of a first DUI offense in South Carolina with a BAC below 0.10 percent brings up to a $400 fine, 48 hours to 30 days in jail, or community service, plus a six-month license suspension. A BAC between 0.10 and 0.16 percent raises the fine to $500. A BAC above 0.16 percent carries a $1,000 fine and up to 90 days in jail. If your driver’s license is suspended after a first offense DUI, you may be eligible to obtain a six-month provisional license if you meet specific criteria.
Second Offense
A second DUI offense conviction in South Carolina brings harsher penalties. For a BAC below 0.10 percent, fines range from $2,100 to $5,100 and jail time from five days to one year, plus a one-year license suspension. A BAC between 0.10 and 0.16 percent raises fines to $2,500–$5,500 and two years in prison, while a BAC above 0.16 percent brings $3,500–$6,500 and up to three years in prison.
Third Offense
A third DUI conviction in South Carolina brings fines from $3,800 to $6,300 and 60 days to three years in prison for a BAC below 0.10 percent, with a two-year license suspension. A BAC between 0.10 and 0.16 percent raises fines to $5,000–$7,500 and prison to four years. Conviction of a third offense drunk driving with a BAC above 0.16 percent carries a fine of $7,500–$10,000 and up to five years in prison.
Fourth Offense
A fourth DUI conviction in South Carolina is a felony, carrying one to five years in prison and permanent license revocation. Higher BAC levels result in increased penalties, with two to six years in prison for a BAC between 0.10 and 0.16 percent, and three to seven years’ imprisonment for a BAC above 0.16 percent. All fourth convictions result in lifetime license revocation.
What Are the DUI Penalties for a Driver Under the Age of 21?
South Carolina enforces a zero-tolerance policy for underage drinking and driving—drivers under 21 face DUI charges with any detectable alcohol in their system.
The penalties mirror those for adult offenders, though courts may impose additional restrictions or requirements based on the driver’s age. Young drivers convicted of driving under the influence face the same fines, jail time, and license suspension as adults, along with potential impacts on college admission, scholarships, and future employment opportunities.
Does South Carolina Have Laws Regarding an Open Container in Vehicles?
South Carolina law prohibits possessing an open container of beer or wine in any moving vehicle, except when stored in the trunk or luggage compartment. Similar restrictions apply to liquor, which must remain in the luggage compartment if the container has been opened.
Violating open container laws can result in fines of up to $100 or imprisonment for up to 30 days. These charges often accompany DUI arrests, adding additional penalties and complications to criminal defense cases.
What Are the Penalties If a DUI Accident Results in the Death of Another Person?
Felony DUI charges apply when an impaired driver causes great bodily injury or death. Conviction of criminal charges of causing great bodily injury while driving under the influence results in mandatory fines of $5,100 to $10,100 and imprisonment from 30 days to 15 years.
When a DUI results in death, mandatory fines increase to $10,100 to $25,100, with imprisonment ranging from one to 25 years. These felony DUI penalties apply even in single-vehicle crashes where passengers suffer injuries or death. A felony conviction carries lifelong consequences beyond the immediate penalties, affecting employment, housing, and civil rights.
How Can a South Carolina DUI Defense Lawyer Help Me?
A DUI defense lawyer helps clients navigate the criminal justice system by reviewing the traffic stop to ensure South Carolina law and constitutional rights were respected. A defense attorney checks whether officers had reasonable suspicion or probable cause to make a traffic stop. If not, a skilled defense lawyer will seek to get the DUI charges dismissed.
Attorneys also review Breathalyzer and blood test procedures, as any error can affect results. They challenge weak evidence, question testimony, and negotiate for reduced charges or alternative sentencing to protect clients’ futures.
Contact a South Carolina DUI Defense Lawyer Near You
McKinney, Tucker & Lemel LLC has helped people throughout York and Lancaster Counties since 1977. Based on decades of legal representation, our attorneys have the knowledge and experience to build your best defense to DUI charges. Our local criminal defense lawyers offer open communication, meticulous attention to detail, and compassionate advocacy for clients facing DUI charges in Rock Hill and its surrounding communities.
Our attorneys work to protect your rights, challenge the evidence against you, and. Our firm’s goal is to pursue the best possible outcome tailored to each client’s unique circumstances, minimizing the impact on your life. Read our client testimonials to learn how we have helped others navigate challenging legal situations. Contact us today for a confidential consultation about your DUI charges.
