DUI Laws in South Carolina (DUI)

Q: What is the penalty for a first DUI in South Carolina?

Penalties for a first DUI in South Carolina depend on your BAC. BAC 0.08–0.099%: up to 30 days jail (or 48 hours community service), $400 fine, 6-month license suspension. BAC 0.10–0.159%: 48 hours mandatory jail, $500 fine, 6-month suspension. BAC 0.16%+: 30 days mandatory jail, $1,000 fine, 6-month suspension. All first offenders must complete ADSAP. Under Emma's Law, an IID-restricted license may be available.

Q: What is Emma's Law in South Carolina?

Emma's Law (S.C. Code § 56-5-2941), enacted in 2014, requires ignition interlock devices for DUI offenders. First offenders with BAC of 0.15% or higher must install an IID for at least 6 months. Second offenders must have an IID for 2 years, third offenders for 3 years. Emma's Law also allows IID-restricted licenses during suspension, giving offenders a way to continue driving legally while ensuring sobriety through the IID.

Q: How long does a DUI stay on your record in South Carolina?

A DUI conviction stays on your South Carolina driving record for at least 10 years and on your criminal record permanently. First-offense DUI may be eligible for expungement if you meet specific criteria: no other DUI convictions during the 10-year lookback, and the offense did not involve death or great bodily injury. Second and subsequent DUI convictions cannot be expunged.

Q: When does a DUI become a felony in South Carolina?

A DUI becomes a felony in South Carolina on the 4th offense, using a lifetime lookback — meaning all prior DUI convictions count regardless of when they occurred. A felony DUI carries 1 to 7 years in prison with a 1-year mandatory minimum. Additionally, DUI causing great bodily injury or death is always a felony regardless of prior offense history.

Q: What happens if you refuse a breathalyzer in South Carolina?

Refusing a chemical test in South Carolina results in an automatic license suspension: 6 months for a first refusal, 9 months for a second, and 12 months for a third or subsequent. You can obtain a temporary alcohol license for 30 days while you request an administrative hearing. Under Emma's Law, an IID-restricted license may be available during the refusal suspension. Your refusal can be introduced as evidence at your DUI trial.

Q: What is the video requirement for DUI arrests in South Carolina?

South Carolina law requires officers to videotape the DUI stop, field sobriety tests, and breathalyzer administration. If the officer fails to properly record the encounter (and no valid exception applies), the video evidence and breath test results may be suppressed, which can significantly weaken the prosecution's case. This video requirement is a powerful defense tool unique to South Carolina.

Q: Can a first DUI be expunged in South Carolina?

Yes, under S.C. Code § 56-5-2990, a first-offense DUI conviction may be eligible for expungement if: it was truly a first offense, you have had no other DUI convictions during the 10-year lookback period, the offense did not involve death or great bodily injury, and you have completed all sentence conditions. You must petition the court and pay the applicable filing fees. Expungement is not automatic.

Q: What is ADSAP in South Carolina?

ADSAP (Alcohol and Drug Safety Action Program) is South Carolina's mandatory education and treatment program for all DUI offenders. After a DUI conviction, you must enroll in ADSAP within 30 days. The program includes a substance abuse assessment, education classes, and any recommended treatment. Completion of ADSAP is required for license reinstatement. The program typically costs $500–$2,500 depending on the level of treatment required.

South Carolina uses the term "DUI" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is 10 years for misdemeanor penalty enhancement; lifetime lookback for felony DUI threshold (4th offense). 4th offense (lifetime lookback — all prior DUI convictions count regardless of when they occurred). Below are the full details of South Carolina's DUI laws and penalties.

Last updated: 2026-03-27

Overview

South Carolina has one of the more complex DUI penalty structures in the country, with penalties that vary based on both BAC level and number of prior offenses. The state uses a 10-year lookback period for DUI enhancements, and a fourth DUI offense is a felony regardless of when prior offenses occurred (lifetime lookback for felony threshold). South Carolina is notable for its 'implied consent' video recording requirement — officers must videotape the administration of breathalyzer tests and field sobriety tests, and failure to do so can result in suppression of evidence. The state's 'Emma's Law' (2014) expanded mandatory IID requirements significantly for first offenders with high BAC levels.

Official term: DUI

BAC Limits

Driver Type	BAC Limit
Standard (21+)	0.08%
Commercial (CDL)	0.04%
Under 21	0.02%
Enhanced Penalty	0.10% (triggers enhanced first-offense penalties); 0.16% (highest enhanced tier)

Penalties by Offense

Offense	Classification	Jail Time	Fines	License Suspension	IID
1st Offense	Misdemeanor	BAC 0.08–0.099%: no mandatory minimum, up to 30 days (or 48 hours mandatory). BAC 0.10–0.159%: 48 hours mandatory minimum, up to 30 days. BAC 0.16%+: 30 days mandatory minimum, up to 90 days.	BAC 0.08–0.099%: $400. BAC 0.10–0.159%: $500. BAC 0.16%+: $1,000. Plus court costs and assessments.	6 months. May apply for temporary alcohol license (TAL) immediately or provisional license with IID under Emma's Law.	Required under Emma's Law for BAC ≥ 0.15% (minimum 6 months); available as an option for all first offenders seeking early license reinstatement
2nd Offense	Misdemeanor	5 days mandatory minimum (BAC < 0.10%); 30 days mandatory minimum (BAC 0.10–0.159%); 90 days mandatory minimum (BAC 0.16%+); up to 1 year for all tiers	BAC < 0.10%: $2,100 minimum. BAC 0.10–0.159%: $2,500 minimum. BAC 0.16%+: $3,500 minimum. Up to $5,100 for all tiers.	1 year. May apply for IID-restricted license under Emma's Law.	Required under Emma's Law for 2 years; mandatory for restricted license during suspension
3rd Offense	Misdemeanor	60 days mandatory minimum (BAC < 0.10%); 90 days mandatory minimum (BAC 0.10–0.159%); 6 months mandatory minimum (BAC 0.16%+); up to 3 years for all tiers	BAC < 0.10%: $3,800 minimum. BAC 0.10–0.159%: $5,000 minimum. BAC 0.16%+: $7,500 minimum. Up to $6,300 for standard; up to $10,000 for enhanced.	2 years. May apply for IID-restricted license after certain conditions met.	Required under Emma's Law for 3 years; mandatory for any restricted driving privileges
Felony	Felony	1 year mandatory minimum; up to 7 years in state prison	$5,000 minimum; up to $10,000	Permanent revocation. May apply for provisional license after serving prison sentence and completing treatment, but reinstatement is not guaranteed.	Required indefinitely upon any future license reinstatement

Felony threshold: 4th offense (lifetime lookback — all prior DUI convictions count regardless of when they occurred). Lookback period: 10 years for misdemeanor penalty enhancement; lifetime lookback for felony DUI threshold (4th offense).

Additional Penalty Details

Offense	Community Service	Probation	DUI School
1st Offense	48 hours mandatory for BAC < 0.10% in lieu of minimum jail; additional hours may be ordered	Up to 1 year; conditions include ADSAP completion and abstinence monitoring	Mandatory enrollment in ADSAP (Alcohol and Drug Safety Action Program) and completion of recommended education or treatment
2nd Offense	May be ordered at court discretion	Up to 2 years supervised; ADSAP enrollment and completion mandatory	Mandatory ADSAP enrollment and completion of full recommended treatment program
3rd Offense	May be ordered at court discretion	Up to 3 years supervised; intensive supervision with treatment and monitoring conditions	Mandatory ADSAP enrollment and intensive substance abuse treatment; residential treatment may be required
Felony	May be ordered as condition of parole or probation	Up to 5 years supervised after release; intensive supervision, residential treatment, and electronic monitoring conditions	Mandatory intensive substance abuse treatment; residential/inpatient treatment required

Implied Consent Law

Under S.C. Code § 56-5-2950, any person operating a motor vehicle in South Carolina is deemed to have consented to chemical testing of breath, blood, or urine when an officer has probable cause for DUI. South Carolina is unique in requiring officers to videotape the DUI stop, field sobriety tests, and breathalyzer administration — a failure to record can result in suppression of evidence and potential case dismissal.

Refusal penalties: First refusal: 6-month license suspension (may obtain temporary alcohol license for 30 days). Second refusal: 9-month suspension. Third or subsequent refusal: 12-month suspension. The refusal triggers an administrative hearing with the SCDMV. A refusal does not result in criminal penalties by itself, but it can be introduced as evidence at the DUI trial. Under Emma's Law, an IID-restricted license is available for refusal suspensions.

Aggravating Factors

Factor	Impact
BAC of 0.10% to 0.159% (elevated tier)	Increased mandatory minimum jail time and higher minimum fines at each offense level compared to standard BAC
BAC of 0.16% or higher (highest tier)	Significantly increased mandatory minimums: 30 days (1st), 90 days (2nd), 6 months (3rd). Higher minimum fines. Mandatory IID under Emma's Law.
Child passenger under 16 in vehicle	Separate felony charge of child endangerment; DUI penalties enhanced; potential SCDSS involvement
Causing great bodily injury or death while DUI	Felony DUI resulting in great bodily injury: up to 15 years prison with mandatory 30-day minimum. Felony DUI resulting in death: up to 25 years prison with mandatory 1-year minimum.
Driving on DUI-suspended license	Separate misdemeanor: first offense 30 days to 6 months jail; second offense 60 days to 1 year; subsequent offenses 6 months to 3 years. Vehicle may be confiscated.
Prior felony DUI conviction	Lifetime lookback for felony threshold; any 4th DUI offense is a felony regardless of the time elapsed between prior offenses

DUI with Injury

Classification: Felony

Felony DUI resulting in great bodily injury (S.C. Code § 56-5-2945) carries a mandatory minimum of 30 days and up to 15 years in prison, plus fines and license revocation. Felony DUI resulting in death carries a mandatory minimum of 1 year and up to 25 years in prison. If the offender's BAC was 0.16% or higher, mandatory minimums are enhanced further. Restitution to the victim is mandatory. The offender's license is permanently revoked for vehicular DUI death.

Underage DUI

Zero tolerance: Yes

BAC limit: 0.02%

Drivers under 21 with a BAC of 0.02% or above but below 0.08% face a 3-month license suspension for a first violation and a 6-month suspension for subsequent violations through the SCDMV. This is an administrative penalty, not a criminal charge. If the underage driver's BAC is 0.08% or above, full criminal adult DUI penalties apply. Underage drivers may also face separate charges under South Carolina's underage possession of alcohol laws.

Diversion Programs

Program: Pre-Trial Intervention (PTI) / ADSAP

South Carolina's Pre-Trial Intervention (PTI) program may be available for first-time DUI offenders in some judicial circuits, though availability varies significantly by county. The state's primary alternative is the Alcohol and Drug Safety Action Program (ADSAP), which is mandatory for all DUI convictions and provides assessment, education, and treatment. Successful ADSAP completion is required for license reinstatement. Some circuits also offer DUI Court programs for repeat offenders.

Eligibility: PTI availability for DUI cases varies by judicial circuit and solicitor's office. Where available, it is typically limited to first-time offenders with no prior criminal history and BAC below 0.10%. The defendant must consent to enrollment and comply with all conditions. ADSAP is not a diversion program per se — it is mandatory for all DUI convictions — but its completion requirements effectively function as rehabilitative conditions.

How Long a DUI Stays on Your Record

A DUI conviction remains on your South Carolina driving record for at least 10 years and on your criminal record permanently. The SCDMV maintains DUI records indefinitely for felony lookback purposes. South Carolina allows expungement of first-offense DUI convictions under S.C. Code § 56-5-2990 if: it was a first offense, the person was not convicted of any other DUI offense during the 10-year lookback, and the conviction did not involve death or great bodily injury. Second and subsequent DUI convictions and felony DUI are not eligible for expungement.

Key Statutes

S.C. Code § 56-5-2930: Driving under the influence of alcohol, drugs, or combination; criminal penalties by offense count and BAC tier
S.C. Code § 56-5-2933: DUI per se — unlawful alcohol concentration (BAC 0.08% or above); penalties and procedures
S.C. Code § 56-5-2945: Felony DUI causing great bodily injury or death; mandatory minimum sentences
S.C. Code § 56-5-2950: Implied consent; chemical testing; videotaping requirements; refusal penalties
S.C. Code § 56-5-2941: Emma's Law — ignition interlock device requirements for DUI offenders

Frequently Asked Questions

What is the penalty for a first DUI in South Carolina?

Penalties for a first DUI in South Carolina depend on your BAC. BAC 0.08–0.099%: up to 30 days jail (or 48 hours community service), $400 fine, 6-month license suspension. BAC 0.10–0.159%: 48 hours mandatory jail, $500 fine, 6-month suspension. BAC 0.16%+: 30 days mandatory jail, $1,000 fine, 6-month suspension. All first offenders must complete ADSAP. Under Emma's Law, an IID-restricted license may be available.

What is Emma's Law in South Carolina?

Emma's Law (S.C. Code § 56-5-2941), enacted in 2014, requires ignition interlock devices for DUI offenders. First offenders with BAC of 0.15% or higher must install an IID for at least 6 months. Second offenders must have an IID for 2 years, third offenders for 3 years. Emma's Law also allows IID-restricted licenses during suspension, giving offenders a way to continue driving legally while ensuring sobriety through the IID.

How long does a DUI stay on your record in South Carolina?

A DUI conviction stays on your South Carolina driving record for at least 10 years and on your criminal record permanently. First-offense DUI may be eligible for expungement if you meet specific criteria: no other DUI convictions during the 10-year lookback, and the offense did not involve death or great bodily injury. Second and subsequent DUI convictions cannot be expunged.

When does a DUI become a felony in South Carolina?

A DUI becomes a felony in South Carolina on the 4th offense, using a lifetime lookback — meaning all prior DUI convictions count regardless of when they occurred. A felony DUI carries 1 to 7 years in prison with a 1-year mandatory minimum. Additionally, DUI causing great bodily injury or death is always a felony regardless of prior offense history.

What happens if you refuse a breathalyzer in South Carolina?

Refusing a chemical test in South Carolina results in an automatic license suspension: 6 months for a first refusal, 9 months for a second, and 12 months for a third or subsequent. You can obtain a temporary alcohol license for 30 days while you request an administrative hearing. Under Emma's Law, an IID-restricted license may be available during the refusal suspension. Your refusal can be introduced as evidence at your DUI trial.

What is the video requirement for DUI arrests in South Carolina?

South Carolina law requires officers to videotape the DUI stop, field sobriety tests, and breathalyzer administration. If the officer fails to properly record the encounter (and no valid exception applies), the video evidence and breath test results may be suppressed, which can significantly weaken the prosecution's case. This video requirement is a powerful defense tool unique to South Carolina.

Can a first DUI be expunged in South Carolina?

Yes, under S.C. Code § 56-5-2990, a first-offense DUI conviction may be eligible for expungement if: it was truly a first offense, you have had no other DUI convictions during the 10-year lookback period, the offense did not involve death or great bodily injury, and you have completed all sentence conditions. You must petition the court and pay the applicable filing fees. Expungement is not automatic.

What is ADSAP in South Carolina?

ADSAP (Alcohol and Drug Safety Action Program) is South Carolina's mandatory education and treatment program for all DUI offenders. After a DUI conviction, you must enroll in ADSAP within 30 days. The program includes a substance abuse assessment, education classes, and any recommended treatment. Completion of ADSAP is required for license reinstatement. The program typically costs $500–$2,500 depending on the level of treatment required.

Related Guide

DUI license recovery in South Carolina→

Step-by-step guide to getting your license back after a DUI in South Carolina — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.

Take Action — Direct Links

SCDMV — DUI Information
Official South Carolina DMV page on DUI-related license actions, reinstatement requirements, and IID information
South Carolina Code of Laws — Title 56, Chapter 5
Full text of South Carolina motor vehicle laws including DUI statutes, implied consent, and Emma's Law
South Carolina ADSAP
South Carolina DAODAS page on ADSAP enrollment, locations, costs, and program requirements
South Carolina Judicial Department
Court information including PTI programs, DUI court options, and expungement procedures
South Carolina Bar — Lawyer Referral Service
Find a qualified DUI defense attorney through the South Carolina Bar's referral service

DUI license recovery in South Carolina →

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Sources

Disclaimer: This is informational only, not legal advice. DUI laws change frequently. Verify current requirements with South Carolina's statutes or consult a qualified DUI attorney in South Carolina.

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