DUI Laws in South Carolina (DUI)
South Carolina uses the term "DUI" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is 10 years for all penalty enhancement. 4th or subsequent offense within 10 years — DUAC (§ 56-5-2933) convictions count as priors too (§ 56-5-2930(D). Below are the full details of South Carolina's DUI laws and penalties.
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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 offense within 10 years is a felony — the felony threshold uses the same 10-year window, not a lifetime lookback (§ 56-5-2930(D)). 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. Emma's Law (2014) first brought mandatory IID requirements to high-BAC first offenders; since May 19, 2024, the All Offender Law (Act 55 of 2023, § 56-5-2941) requires an IID for essentially every DUI or DUAC conviction — including first offenses below 0.15% — before driving privileges are restored.
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%: 48 hours mandatory minimum (or 48 hours community service), up to 30 days. BAC 0.10–0.159%: 72 hours mandatory minimum (or 72 hours community service), up to 30 days. BAC 0.16%+: 30 days mandatory minimum (or 30 days community service), up to 90 days. Minimum terms cannot be suspended (§ 56-5-2930(B)). | BAC 0.08–0.099%: $400. BAC 0.10–0.159%: $500. BAC 0.16%+: $1,000. The fine cannot be suspended below the statutory amount (§ 56-5-2930(C)). Plus court costs and assessments. | 6 months. May apply for a temporary alcohol license (TAL) to drive while contesting the case; after conviction, enrollment in the IID program (§ 56-5-2941) is the route back to restricted driving. | Required for every first offense to regain driving privileges under the All Offender Law (Act 55 of 2023, effective May 19, 2024; § 56-5-2941) — including BAC below 0.15% — for 6 months |
| 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%+); maximum 1 year (BAC < 0.10%), 2 years (0.10–0.159%), or 3 years (0.16%+) (§ 56-5-2930(A)(2)) | BAC < 0.10%: $2,100–$5,100. BAC 0.10–0.159%: $2,500–$5,500. BAC 0.16%+: $3,500–$6,500. Fines may not be suspended below $1,100 (§ 56-5-2930(A)(2), (C)). | 1 year; enrollment in the IID program (§ 56-5-2941, 2 years for a second offense) is the route back to restricted driving | Required for 2 years to regain driving privileges under the All Offender Law (§ 56-5-2941) |
| 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%+); maximum 3 years (BAC < 0.10%), 4 years (0.10–0.159%), or 5 years (0.16%+) (§ 56-5-2930(A)(3)) | BAC < 0.10%: $3,800–$6,300. BAC 0.10–0.159%: $5,000–$7,500. BAC 0.16%+: $7,500–$10,000 (§ 56-5-2930(A)(3)). | 2 years; enrollment in the IID program (§ 56-5-2941) is the route back to restricted driving | Required for 3 years to regain driving privileges under the All Offender Law (§ 56-5-2941) — 4 years if the offense occurred within 5 years of a prior DUI/DUAC conviction |
| Felony | Felony | 1–5 years (BAC < 0.10%); 2–6 years (BAC 0.10–0.159%); 3–7 years (BAC 0.16%+), with non-suspendable mandatory minimums (§ 56-5-2930(A)(4), (B)) | No fine is specified at the 4th-or-subsequent tier — the statutory penalties are imprisonment and license suspension (§ 56-5-2930(A)(4)) | Suspended for life (§ 56-5-2930(A)(5)); enrollment in the IID program (§ 56-5-2941) is the only route back to restricted driving | Required for life (§ 56-5-2930(A)(5)) — IID program enrollment is the only reinstatement route |
Felony threshold: 4th or subsequent offense within 10 years — DUAC (§ 56-5-2933) convictions count as priors too (§ 56-5-2930(D), (A)(6)). DUI causing great bodily injury or death (§ 56-5-2945) is a felony on the first offense. Lookback period: 10 years for all penalty enhancement — including the felony threshold (§ 56-5-2930(D): only offenses within 10 years count as priors). § 56-5-2945 injury/death cases are felonies on the first offense regardless of priors.
Additional Penalty Details
| Offense | Community Service | Probation | DUI School |
|---|---|---|---|
| 1st Offense | Community service equal to the mandatory minimum term is the statutory alternative to jail at each BAC tier (48 hours / 72 hours / 30 days); 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. Second refusal: 9-month suspension. Third refusal: 12-month suspension. Fourth or subsequent refusal: 15-month suspension (§ 56-5-2950). A test result of 0.15% or higher carries its own administrative suspensions: 1, 2, 3, or 4 months by offense count. You may request an administrative hearing with the SCDMV and obtain a temporary alcohol license in the meantime. A refusal does not create criminal penalties by itself, but it can be introduced as evidence at the DUI trial. Under the All Offender Law, enrolling in the IID program (§ 56-5-2941) is how these suspensions end and restricted driving resumes.
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. An IID is required for every tier under the All Offender Law (§ 56-5-2941), not only the 0.16%+ tier |
| Child passenger under 16 in vehicle | Additional charge under § 56-5-2947: fine and/or imprisonment of up to one-half the maximum for the underlying DUI offense — one count regardless of the number of children. The child may be taken into protective custody and SCDSS may be notified. IID program enrollment (at least 3 months) is required before the suspension ends |
| Causing great bodily injury or death while DUI | § 56-5-2945: great bodily injury — 30 days to 15 years plus a fine of $5,100–$10,100; death — 1 to 25 years plus a fine of $10,100–$25,100. Probation or a suspended sentence is prohibited for any portion of the term. After release, IID program enrollment is required — 3 years (injury) or 5 years (death) — before driving again |
| 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 | The felony threshold uses the same 10-year lookback as misdemeanor enhancement — a 4th DUI offense is a felony only when three priors occurred within 10 years (§ 56-5-2930(D)) |
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 a fine of $5,100–$10,100. Felony DUI resulting in death carries a mandatory minimum of 1 year and up to 25 years in prison, plus a fine of $10,100–$25,100. There is no BAC enhancement in § 56-5-2945, and probation or a suspended sentence is prohibited for any portion of the term. Restitution to the victim is mandatory. The DMV suspends the license; after release from prison, the person must enroll in the IID program — 3 years (injury) or 5 years (death) (§ 56-5-2945(C)) — before driving again.
Underage DUI
Under § 56-1-286, drivers under 21 face SCDMV administrative suspensions: a chemical test showing 0.02% or more — 3 months (6 months with a prior alcohol-related conviction or suspension within 3 years); refusing the test — 6 months (1 year with a prior within 3 years). These are administrative penalties, not criminal charges. If the underage driver's BAC is 0.08% or above, full adult criminal 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 felony threshold uses the same 10-year lookback as misdemeanor enhancement (§ 56-5-2930(D)). 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 § 56-5-2947
- DUI with a passenger under 16 — additional fine/imprisonment up to half the underlying maximum
- S.C. Code § 56-5-2950
- Implied consent; chemical testing; videotaping requirements; refusal penalties
- S.C. Code § 56-5-2941
- Ignition interlock program — Emma's Law (2014) as expanded by the All Offender Law (Act 55 of 2023, effective May 19, 2024) to essentially all DUI/DUAC convictions
Frequently Asked Questions
What is the penalty for a first DUI in South Carolina?
What is Emma's Law in South Carolina?
How long does a DUI stay on your record in South Carolina?
When does a DUI become a felony in South Carolina?
What happens if you refuse a breathalyzer in South Carolina?
What is the video requirement for DUI arrests in South Carolina?
Can a first DUI be expunged in South Carolina?
What is ADSAP in South Carolina?
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
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