Standard DUI Penalties

For standard violations under S.C. Code Ann. § 56-5-2930 and S.C. Code Ann. § 56-5-2933, criminal penalties escalate based on the offender's specific alcohol concentration and prior offense history:

DUIs (Driving Under the Influence)

• First Offense:
  • Base Penalty (under 0.10%): Punishable by a fine of $400 or imprisonment for 48 hours to 30 days S.C. Code Ann. § 56-5-2933. In lieu of the 48-hour minimum imprisonment, the court may order 48 hours of public service employment S.C. Code Ann. § 56-5-2933.
  • Alcohol concentration of 0.10% or more but less than 0.16%: Punishable by a fine of $500 or imprisonment for 72 hours to 30 days S.C. Code Ann. § 56-5-2933. In lieu of the 72-hour minimum imprisonment, the court may order 72 hours of public service employment S.C. Code Ann. § 56-5-2933.
  • Alcohol concentration of 0.16% or more: Punishable by a fine of $1,000 or imprisonment for 30 days to 90 days S.C. Code Ann. § 56-5-2933, S.C. Code Ann. § 56-5-2930. In lieu of the 30-day minimum imprisonment, the court may provide for 30 days of public service employment S.C. Code Ann. § 56-5-2933, S.C. Code Ann. § 56-5-2930. The court cannot compel an offender to perform public service in lieu of the minimum jail term S.C. Code Ann. § 56-5-2933, S.C. Code Ann. § 56-5-2930. A first offense may be tried in magistrates court S.C. Code Ann. § 56-5-2933, S.C. Code Ann. § 56-5-2930.
• Second Offense:
  • Base Penalty (under 0.10%): Punishable by a fine of $2,100 to $5,100, and imprisonment for 5 days to 1 year S.C. Code Ann. § 56-5-2933, S.C. Code Ann. § 56-5-2930. The fine cannot be suspended below $1,100 S.C. Code Ann. § 56-5-2933, S.C. Code Ann. § 56-5-2930.
  • Alcohol concentration of 0.10% or more but less than 0.16%: Punishable by a fine of $2,500 to $5,500 and imprisonment for 30 days to 2 years S.C. Code Ann. § 56-5-2933, S.C. Code Ann. § 56-5-2930. The fine cannot be suspended below $1,100 S.C. Code Ann. § 56-5-2933, S.C. Code Ann. § 56-5-2930.
  • Alcohol concentration of 0.16% or more: Punishable by a fine of $3,500 to $6,500 and imprisonment for 90 days to 3 years S.C. Code Ann. § 56-5-2930. The fine cannot be suspended below $1,100 S.C. Code Ann. § 56-5-2930.
• Third Offense:
  • Base Penalty: Punishable by a fine of $3,800 to $6,300 and imprisonment for 60 days to 3 years S.C. Code Ann. § 56-5-2930.
  • Alcohol concentration of 0.10% or more but less than 0.16%: Punishable by a fine of $5,000 to $7,500 and imprisonment for 90 days to 4 years S.C. Code Ann. § 56-5-2930.
  • Alcohol concentration of 0.16% or more: Punishable by a fine of $7,500 to $10,000 and imprisonment for 6 months to 5 years S.C. Code Ann. § 56-5-2933, S.C. Code Ann. § 56-5-2930.
• Fourth or Subsequent Offense:
  • Base Penalty: Imprisonment for 1 year to 5 years S.C. Code Ann. § 56-5-2933, S.C. Code Ann. § 56-5-2930.
  • Alcohol concentration of 0.10% or more but less than 0.16%: Imprisonment for 2 years to 6 years S.C. Code Ann. § 56-5-2933, S.C. Code Ann. § 56-5-2930.
  • Alcohol concentration of 0.16% or more: Imprisonment for 3 years to 7 years S.C. Code Ann. § 56-5-2933, S.C. Code Ann. § 56-5-2930.

Felony DUI (Great Bodily Injury or Death)

A person driving under the influence of alcohol, drugs, or a combination of both, who commits any act forbidden by law or neglects any duty imposed by law, which proximately causes great bodily injury or death to another, is guilty of felony DUI S.C. Code Ann. § 56-5-2945, State v. Cribb, 310 S.C. 518. The elements do not require proof of recklessness State v. Cribb, 310 S.C. 518.

• Great Bodily Injury: Defined as bodily injury creating a substantial risk of death, or causing serious, permanent disfigurement, or protracted loss or impairment of any bodily member or organ S.C. Code Ann. § 56-5-2945. Upon conviction, the offender faces a mandatory fine of $5,100 to $10,100 and mandatory imprisonment for 30 days to 15 years S.C. Code Ann. § 56-5-2945.
• Death: Upon conviction, the offender faces a mandatory fine of $10,100 to $25,000 and mandatory imprisonment for 1 year to 25 years S.C. Code Ann. § 56-5-2945.
• Additional Restrictions: No part of these mandatory sentences may be suspended, and probation may not be granted for any portion S.C. Code Ann. § 56-5-2945. One hundred dollars of the fine is placed into a special restricted account for the Highway Patrol S.C. Code Ann. § 56-5-2945. Under S.C. Code Ann. § 56-5-2945(C), the Department of Motor Vehicles must suspend the offender's license S.C. Code Ann. § 56-5-2945. Upon release from prison, the individual must enroll in the Ignition Interlock Device Program, end the suspension, and obtain an ignition interlock restricted license S.C. Code Ann. § 56-5-2945. The ignition interlock device must remain affixed to the vehicle for 3 years for great bodily injury and 5 years for death S.C. Code Ann. § 56-5-2945.

In a real-world application, a circuit court sentenced an offender to concurrent terms of 22 years imprisonment with a $10,000 fine for felony DUI causing death, and 15 years imprisonment with a $5,000 fine for felony DUI causing great bodily injury State v. Rikard, 371 S.C. 295.

Administrative and Civil Driver's License Suspensions

Driver's license suspensions are civil, remedial sanctions designed to protect the public rather than punish the licensee State v. Price, 333 S.C. 267, State v. Cuccia, 353 S.C. 430. Under S.C. Code Ann. § 56-5-2951, the Department of Motor Vehicles must suspend the license of any driver who refuses to submit to a chemical test or registers an alcohol concentration of 0.15% or more S.C. Code Ann. § 56-5-2951.

• No Prior Convictions or Suspensions (Within 10 Years):
  • Test refusal: 6-month suspension S.C. Code Ann. § 56-5-2951.
  • Alcohol concentration of 0.15% or more: 1-month suspension S.C. Code Ann. § 56-5-2951.
• Prior Convictions or Suspensions (Within 10 Years):
  • Second Offense: 9-month suspension for test refusal; 2-month suspension for test result of 0.15% or more S.C. Code Ann. § 56-5-2951.
  • Third Offense: 12-month suspension for test refusal; 3-month suspension for test result of 0.15% or more S.C. Code Ann. § 56-5-2951.
  • Fourth or Subsequent Offense: 15-month suspension for test refusal; 4-month suspension for test result of 0.15% or more S.C. Code Ann. § 56-5-2951.

Underage Drivers (Under 21)

Under S.C. Code Ann. § 56-1-286, if a person under the age of 21 registers an alcohol concentration of 0.02% or more, or refuses to submit to a chemical test, their license is suspended State v. Cuccia, 353 S.C. 430, S.C. Code Ann. § 56-1-286. This suspension is a civil sanction and is in addition to any other applicable penalties State v. Cuccia, 353 S.C. 430.

• Alcohol Concentration of 0.02% or More: 3-month suspension, or 6 months if the person has a prior DUI/DUAC conviction or suspension within the preceding 3 years S.C. Code Ann. § 56-1-286.
• Test Refusal: 6-month suspension, or 1 year if the person has a prior DUI/DUAC conviction or suspension within the preceding 3 years S.C. Code Ann. § 56-1-286.
• Administrative Procedures: The suspension takes effect on the date of the violation S.C. Code Ann. § 56-1-286. The driver must enroll in an Alcohol and Drug Safety Action Program (ADSAP) within 30 days of the suspension notice if they do not request an administrative hearing S.C. Code Ann. § 56-1-286. Failure to do so prevents the issuance of a temporary alcohol license S.C. Code Ann. § 56-1-286. Driving during this suspension without a temporary license results in penalties for driving under suspension S.C. Code Ann. § 56-1-286.

Alcohol and Drug Safety Action Program (ADSAP) Requirements

Any individual whose license is suspended under S.C. Code Ann. § 56-1-286, S.C. Code Ann. § 56-5-2930, S.C. Code Ann. § 56-5-2945, or S.C. Code Ann. § 56-5-2951 must enroll in and successfully complete ADSAP S.C. Code Ann. § 56-5-2990.

• Evaluation and Treatment: The program prepares an assessment and develops an education and/or treatment plan S.C. Code Ann. § 56-5-2990. Entry into recommended services is required to obtain an ignition interlock restricted license, and successful completion of these services is mandatory for full restoration of driving privileges S.C. Code Ann. § 56-5-2990.
• Non-compliance: If a participant does not complete the services within one year of enrollment, a hearing is provided by ADSAP, which is appealable to the Office of Substance Use Services S.C. Code Ann. § 56-5-2990. However, the Department of Motor Vehicles may waive successful completion as a requirement for an ignition interlock restricted license upon recommendation from the Medical Advisory Board, provided public safety is not endangered S.C. Code Ann. § 56-5-2990.

South Carolina DUI penalties are structured sequentially to impose escalating criminal fines and imprisonment based on prior offenses and specific blood alcohol levels. When driving under the influence results in great bodily injury or death, the state enforces severe, non-suspendable felony sentences. Additionally, administrative driver's license suspensions and mandatory enrollment in rehabilitative programs serve as companion civil measures to protect the public.

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