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South Carolina DUI Laws Penalties And Fines
South Carolina Driving Under the Influence Laws
Definition of Intoxication:
Under South Carolina drunk driving laws, South Carolina Driving Under the Influence (DUI) may be proved two different ways:
1. With evidence that you were driving under the influence of alcohol, legal drugs, or controlled substances, to the extent that your faculties to drive a motor vehicle are materially and appreciably impaired; or
2. With evidence that you drove with a BAC of 0.08 or greater (or 0.04, for CDL drivers). South Carolina drivers under age 21 are DUI if they have ANY detectable BAC (the “Zero Tolerance” law), but courts use 0.02 BAC as the legal standard.
Summary of Illegal BAC Levels in South Carolina:
- Adult Driver - DUI with BAC of 0.08 or higher
- Commercial Vehicle Driver - DUI with a BAC of 0.04 or higher
- Under 21 Driver – DUI with BAC of 0.02 or higher
When Can I Drive, if I’ve Been Drinking?
? If you’ve been drinking, the best way to avoid DUI in South Carolina is to have someone else drive. If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had. In addition to time, many other factors affect how the body metabolizes alcohol, like weight, gender, body fat, and recent eating, among others.
Even if your BAC is below 0.08, you can still be DUI, if a jury believes a police officer’s testimony about evidence of your intoxication. In other words, the “legal level” only works in favor of the prosecutor, if you cross it. Being below it does not make you legal.
Consequences of DUI Offense in South Carolina
A drunk driving conviction in South Carolina has serious consequences, which become even more severe with repeat offenses and high BAC levels.
A DUI conviction in South Carolina remains on your record for ten (10) years, for purposes of calculating repeat offense levels, but repeater penalties can be higher if your prior offenses are within 5 years.
A hardship license, or provisional driving permit, may be available to first offenders after completion of required treatment and with an SR-22 insurance filing for proof of financial responsibility.
Classification: Misdemeanor Jail Time: From 48 hrs. – 30 days (3-30 days, if BAC > 0.10; 30-60 days, BAC of 0.16) Fine: $400 ($500, if BAC > 0.10; $1G, if BAC of 0.16) Driver’s License Suspension-Revocation: 6 mos.
(Hardship after ADSAP) Community Service: Possible Alternative to Jail Time Mandatory Treatment: Complete Alcohol Drug Safety Action Program (ADSAP) Ignition Interlock Device: Possible
