South Carolina lawmakers have unanimously approved sweeping changes to the state’s driving-under-the-influence (DUI) laws, changes that could significantly affect drivers, defendants, and injury victims across the state.
The legislation, passed quickly at the start of the 2026 session, represents one of the most substantial overhauls of South Carolina DUI law in decades. If enacted, these reforms will increase penalties, tighten enforcement procedures, and reduce technical loopholes that have historically led to dismissals.
For anyone facing a DUI charge, or injured by an impaired driver, these changes raise the stakes considerably.
Why the Legislature Acted
South Carolina consistently ranks among the states with the highest DUI fatality rates. According to Mothers Against Drunk Driving, nearly half of all fatal crashes in the state involve an impaired driver, and hundreds of lives are lost each year.
At the same time, legislators acknowledged that more than half of DUI charges are reduced or dismissed, often due to procedural weaknesses or uneven prosecution. The new law is designed to address both public safety and accountability.
Key DUI Law Changes That Impact Defendants
1. New Penalties for Serious Bodily Injury
Previously, felony DUI penalties largely focused on cases involving death. Under the proposed law, serious injuries, such as loss of consciousness or injuries requiring anesthesia—would now trigger enhanced criminal penalties.
2. Increased Consequences for Repeat Offenders
Repeat DUI offenses will carry significantly harsher penalties, with lawmakers aiming to create a stronger deterrent effect for habitual offenders.
3. Prosecutors Required in DUI Cases
Instead of police officers prosecuting low-level DUI cases in traffic court, trained prosecutors would handle all DUI cases, including first offenses. This change is expected to result in more consistent and aggressive prosecution.
4. Ignition Interlock Devices Expanded
Drivers who:
- Refuse breath or blood testing, or
- Enter pre-trial intervention programs
would be required to install ignition interlock devices, typically for at least six months. These devices prevent a vehicle from starting unless the driver provides a sober breath sample.
5. Harsher Penalties for Refusing Testing
Drivers who refuse chemical testing would face license suspensions ranging from one to four years, depending on prior convictions, far longer than current suspensions. Lawmakers hope this discourages refusals, which currently occur in nearly half of all DUI arrests.
Judicial Discretion for Certain Felony DUI Cases
Recognizing that DUI cases are not always clear-cut, the bill allows judges limited discretion at sentencing. In certain felony DUI cases involving death, a judge may suspend the “violent offense” designation, allowing defendants access to education, work programs, and rehabilitation while incarcerated, though without reducing the length of the sentence.
This provision reflects ongoing debate about balancing punishment, rehabilitation, and public safety.
What This Means for You
These proposed changes make one thing clear: DUI charges in South Carolina are becoming more serious, more complex, and more aggressively prosecuted.
- First-time offenders face increased consequences
- Refusing a test carries severe penalties
- Prosecutors will play a larger role from the outset
- Technical defenses may become harder to rely upon
If you are charged with DUI, early legal representation will be more important than ever. If you or a loved one has been injured by a drunk driver, the strengthened law may also affect your criminal and civil legal options.
The Bill’s Next Step
The legislation now moves to the South Carolina House of Representatives. If approved, it would head to Henry McMaster for signature.
Speak With an Experienced South Carolina DUI Attorney
Changes to DUI law can have life-altering consequences, impacting your license, freedom, employment, and future. Our firm protects our clients’ rights at every stage of a DUI case.
If you’ve been charged with DUI or are under investigation, contact our Seibert Law and Mediation today for a confidential consultation. Early action matters.
Learn your rights, penalties, and defense options with experienced DUI and DUAC attorneys at Seibert Law and Mediation in Charleston, South Carolina and West Ashley, South Carolina.
Seibert Law and Mediation provides experienced DUI defense throughout both lowcountry South Carolina in Charleston, Johns Island, West Ashley, James Island, Daniel Island, Mount Pleasant, Summerville, Goose Creek, Moncks Corner, and surrounding communities; as well as upstate South Carolina in Spartanburg and Greenville, and surrounding communities.
DUI cases move fast. Protect your rights early.