DUI License Recovery in South Carolina
A first DUI in South Carolina results in a license suspension (length depends on BAC) and, under the 2024 All Offender Law, mandatory enrollment in the IID program for 6 months. Provisional licenses are no longer available. You must complete the ADSAP (Alcohol and Drug Safety Action Program), obtain SR-22 insurance for 3 years, and pay a $100 reinstatement fee. Total out-of-pocket for a first offense typically ranges from $645 to $3,500+.
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Overview
South Carolina uses the term DUI (Driving Under the Influence) and underwent a major law change on May 19, 2024 with the 'All Offender Law,' which eliminated provisional licenses and requires all DUI/DUAC offenders to participate in the Ignition Interlock Device (IID) Program regardless of BAC level. While the IID is now effectively mandatory through program enrollment, it is administered through the Department of Probation, Parole and Pardon Services (SCDPPPS) rather than as a statutory mandate from the legislature, keeping SC in the judicial discretion category. Penalties vary significantly based on BAC level, with three tiers: under 0.10%, 0.10%-0.16%, and 0.16%+. South Carolina also recognizes DUAC (Driving with an Unlawful Alcohol Concentration) as a related but distinct offense.
Quick Answer
A first DUI in South Carolina results in a license suspension (length depends on BAC) and, under the 2024 All Offender Law, mandatory enrollment in the IID program for 6 months. Provisional licenses are no longer available. You must complete the ADSAP (Alcohol and Drug Safety Action Program), obtain SR-22 insurance for 3 years, and pay a $100 reinstatement fee. Total out-of-pocket for a first offense typically ranges from $645 to $3,500+.
Suspension Rules
| Offense | Suspension |
|---|---|
| 1st Offense | 6-month suspension for standard first DUI. Under the All Offender Law (May 2024+), no provisional license is available — you must enter the IID program to regain driving privileges. Refusal to test: 6-month administrative suspension. |
| 2nd Offense | 1-year suspension for second DUI within 10 years. 2-year IID requirement. BAC >= 0.15%: additional 2-month hard suspension before IID eligibility. |
| 3rd Offense | 2-year suspension for third DUI within 10 years. 3-year IID requirement (4 years if three convictions within 5 years). BAC >= 0.15%: additional 3-month hard suspension. |
| Refusal | Implied consent law applies. First refusal: 6-month suspension. Second refusal: 9-month suspension. Third refusal: 12-month suspension. Fourth+ refusal: 15-month suspension. Refusal is admissible in court. |
Ignition Interlock Device (IID) Requirements
As of May 19, 2024, South Carolina's All Offender Law requires ALL persons convicted of DUI or DUAC to participate in the IID Program, regardless of BAC level. This replaced the previous system where provisional licenses were available for first offenders with BAC under 0.15%. The IID program is administered by the SC Department of Probation, Parole and Pardon Services (SCDPPPS). Devices must be camera-equipped and inspected every 60 days.
SR-22 Insurance
SR-22 is a certificate of financial responsibility filed by your insurance company with the SC DMV confirming you maintain at least the state minimum liability coverage ($25,000/$50,000 bodily injury, $25,000 property damage). Required for all DUI and DUAC convictions. If the SR-22 lapses for any reason, the insurer notifies SCDMV and your license is automatically suspended.
Reinstatement Process
Fee: $100 reinstatement fee, plus ADSAP costs ($500-$2,500 depending on assessment), court fines, and IID costs | Timeline: Under the All Offender Law, driving with IID can begin once the device is installed and restricted license is issued (no lengthy waiting period). Full unrestricted license available after completing the IID program period (6 months minimum for first offense) plus ADSAP completion.
Complete Suspension Period or Enter IID Program
Under the All Offender Law (violations May 19, 2024+), you must enroll in the IID Program through SCDPPPS to regain driving privileges. Provisional licenses are no longer issued. For pre-May 2024 violations, existing provisional/route-restricted licenses remain valid.
Enroll in ADSAP
Enroll in the Alcohol and Drug Safety Action Program (ADSAP) within 30 days of conviction. ADSAP includes assessment and recommended treatment (education classes, counseling, or intensive treatment depending on evaluation). Failure to enroll within 30 days may result in contempt of court.
Install IID and Obtain Restricted License
Have a camera-equipped IID installed by an approved vendor. Present proof of installation to SCDMV to receive an 'II' restricted license. The IID program period begins from the date the restricted license is issued.
Obtain SR-22 Insurance
Purchase SR-22 insurance from a licensed South Carolina insurer. The insurer files the SR-22 certificate directly with SCDMV. Must be maintained for 3 years.
Complete IID Program Period
Maintain the IID for the required period (6 months for first offense). Device must be inspected every 60 days at an authorized service center. Any violations (failed tests, tampering, missed inspections) may extend the program period.
Apply for Unrestricted License
After completing the IID program, ADSAP requirements, and paying all fees, apply at SCDMV for full license reinstatement. Pay the $100 reinstatement fee. Must have active SR-22 on file.
DUI Penalties
| Offense | Penalties |
|---|---|
| 1st Offense | BAC < 0.10%: 48 hours-30 days jail (community service may substitute), $400 fine. BAC 0.10%-0.16%: 72 hours-30 days jail, $500 fine. BAC >= 0.16%: 30-90 days jail, $1,000 fine. All first offenses: 6-month IID requirement under All Offender Law. |
| 2nd Offense | BAC < 0.10%: 5 days-1 year jail, $2,100-$5,100 fine, 2-year IID. BAC 0.10%-0.16%: 30 days-2 years jail, $2,500-$5,500 fine, 2-year IID. BAC >= 0.16%: 90 days-3 years jail, $3,500-$6,500 fine, 2-year IID + 2-month suspension. |
| 3rd Offense | BAC < 0.10%: 60 days-3 years jail, $3,800-$6,300 fine, 3-year IID. BAC 0.10%-0.16%: 90 days-4 years jail, $5,000-$7,500 fine, 3-year IID. BAC >= 0.16%: 6 months-5 years jail, $7,500-$10,000 fine, 3-year IID + 3-month suspension. |
| Felony DUI | Fourth+ DUI within 10 years (felony): BAC < 0.10%: 1-5 years prison. BAC 0.10%-0.15%: 2-6 years prison. BAC > 0.15%: 3-7 years prison. Permanent license revocation. Felony DUI causing great bodily injury: $5,100-$11,000 fine, 30 days-15 years prison. Felony DUI causing death: $10,100-$25,100 fine, 1-25 years prison. |
BAC limit: 0.08% for standard DUI; 0.04% for commercial vehicle operators; 0.02% for drivers under 21. Penalties escalate at three BAC tiers: under 0.10%, 0.10%-0.16%, and 0.16% or higher. | Lookback period: 10 years — South Carolina counts prior DUI/DUAC convictions within the past 10 years for determining penalty levels and offense classification.
Hardship / Restricted License
As of May 19, 2024, South Carolina no longer issues provisional (hardship) licenses or route-restricted licenses for DUI/DUAC convictions. The All Offender Law replaced these with the mandatory IID Program. Offenders must install an IID and obtain an 'II' restricted license to drive during the program period. This effectively provides driving privileges but through the IID program rather than a traditional hardship license.
Edge Cases
What is the difference between DUI and DUAC in South Carolina?
DUI (Driving Under the Influence) requires proof of impairment affecting driving ability. DUAC (Driving with an Unlawful Alcohol Concentration) is a per se offense based solely on BAC of 0.08% or higher, without needing to prove impairment. Penalties are similar, and both are subject to the All Offender Law IID requirements.
What changed with the 2024 All Offender Law?
Effective May 19, 2024: (1) Provisional licenses eliminated for all DUI/DUAC convictions. (2) Route-restricted licenses eliminated for BAC >= 0.15%. (3) ALL DUI/DUAC offenders must participate in the IID Program regardless of BAC level. (4) Camera-equipped IID devices required. These changes only apply to violations on or after May 19, 2024.
What happens if I get a DUI under 21 in South Carolina?
Drivers under 21 face DUI charges at a BAC of 0.02% or higher (zero tolerance). Penalties include 3-6 month license suspension but no jail time or fines for a standard underage DUI. However, if BAC is 0.08%+, full adult DUI penalties apply. The All Offender Law IID requirements also apply.
Can I refuse a breathalyzer in South Carolina?
South Carolina has implied consent — by driving, you consent to chemical testing if lawfully arrested for DUI. Refusing results in administrative license suspension (6 months first refusal, up to 15 months for fourth+). The refusal is admissible as evidence in court. You have the right to request an administrative hearing within 30 days to challenge the suspension.
Frequently Asked Questions
- Can I still get a provisional license after a DUI in SC?
- No, not for violations on or after May 19, 2024. The All Offender Law eliminated provisional licenses for DUI/DUAC convictions. Instead, you must enter the IID Program and obtain an 'II' restricted license. If your violation was before May 19, 2024, and you already have a provisional license, it remains valid.
- How much does a first DUI cost in total in South Carolina?
- Minimum out-of-pocket costs for a first offense range from $645 to just under $1,000, excluding ongoing insurance premiums. With ADSAP treatment and SR-22 insurance, total first-year costs can exceed $3,500. This includes fines ($400-$1,000), ADSAP ($500-$2,500), reinstatement fee ($100), IID costs ($1,200-$1,500/year), SR-22 increase ($300-$600/year), and attorney fees.
- What happens if I fail an IID breath test in South Carolina?
- A failed IID test (registering alcohol on your breath) is recorded by the camera-equipped device and reported to SCDPPPS. Violations may result in extension of your IID program period, additional penalties from the court, or revocation of your restricted license. The camera image helps prevent attempts to have someone else blow into the device.
- How long does ADSAP take to complete?
- ADSAP duration varies based on your assessment. It may include a 12-hour Pre-Trial Intervention education class, 26 weeks of group counseling, or intensive treatment depending on the severity of your situation. You must enroll within 30 days of conviction. Total timeline ranges from a few weeks to 6+ months.
- Is a first DUI a felony in South Carolina?
- No. A standard first, second, or third DUI is a misdemeanor in South Carolina. A DUI becomes a felony only on a fourth or subsequent offense within 10 years, or if the DUI results in great bodily injury or death. Felony DUI causing death carries 1-25 years in prison.
Video Guides
Take Action — Direct Links
- SCDMV — License Reinstatement
Official SC DMV page with reinstatement requirements, fees, and forms for DUI suspensions.
- SCDPPPS — Ignition Interlock Program
Official SC Probation, Parole and Pardon Services page for the Ignition Interlock Device Program procedures and requirements.
- SCDPS — SC DUI Laws
Official SC Department of Public Safety overview of DUI laws, penalties, and implied consent rules.
- ADSAP — Alcohol and Drug Safety Action Program
Information about the ADSAP program required for all DUI convictions, including enrollment and treatment details.