South Carolina DUI Laws & Penalties

Everything You Need to Know About South Carolina DUI Laws & Penalties

A DUI is driving under the influence charge in South Carolina. Here is everything you need to know about South Carolina DUI laws and penalties.

A DUI charge can vary in severity and penalties. Understanding the level of DUI you are facing can better help an individual determine what their best next steps are in their case.

How to Avoid Jail Time for a DUI in South Carolina

In South Carolina, if an individual is charged with a DUI the only evidence the state needs to convict is that the person was driving and that their blood alcohol level was at .08 or more. The state must have a valid urine, breath, or BAC test to prove that the individual was guilty of the charges. To avoid a DUI charge defendants can use various techniques to show that the test results were faulty or invalid. These defenses can include:

There were errors in the testing process
The officer failed to follow appropriate arrest procedures
There was a sober witness to can testify that the defendant was not intoxicated

1st DUI in South Carolina

In South Carolina, the number of offenses affects the severity of the DUI charges an individual is facing. If it is the first time someone is offending, their punishments will be less severe than those who have offended multiple times. If an individual is on their first offense, and their BAC is less than .10, they are subject to:

Up to a $400 fine
48hours -30 days in jail
A 6-month license suspension

If it is an individual’s 1st offense and their BAC is .10-.15%, they are subject to:

Up to a $500 fine
72hours-30 days in jail
A 6-month license suspension

If it is an India first offense and their BAC is greater than .15, they are subject to:

Up to $1,000 fine
30-90 days in jail
6 months mandatory
A 6-month mandatory Ignition interlock device program

2nd DUI in South Carolina

Individuals in South Carolina who are on their second DUI offense are more likely to face more serious penalties. Those who are on their second offense and had a BAC less than .10% are subject to:

$2,100-%5,100 fines
5 days- 1 year in jail
A 2-year mandatory ignition interlock device program

Those who are on their second offense and had a BAC between .10%-.15% are subject to:

$2,400-$5,500 fines
30 days-2 years in prison
2-year mandatory ignition interlock device program

Those who are on their second offense who had a BAC greater than .15% are subject to:

$3,500-$6,500 fines
90 days-3years in prison
2-year mandatory ignition interlock device program

3rd DUI in South Carolina

Individuals on their third DUI offense in South Carolina are subject to heavy penalties. Those that had a BAC of less than .10% at the time of arrest are subject to :

$3,800-$6,300 fines
60 days to three years in prison
3-year mandatory ignition interlock device program

Those who had a BAC between .10%-.15% are subject to

$5,000-$7,500 fines
90 days -4 years in prison
3-year mandatory ignition interlock device program

Those who had a BAC greater than .15% are subject to:

$7,500-$10,000 fiend
6 months -5 years in prison
3 years of ignition interlock device programs

If individuals obtain a 4th or more DUI charges, penalties increase the BAC and severity of the situation.

Can DUIs be Expunged in South Carolina?

If an individual has been found guilty of a DUI charge it is not possible to get the charge removed from your record. This means that it is extremely important to contact a competent attorney to help you fight your case at the time of the arrest. DUIs are only eligible for expungement if:

The charges are dismissed
You are found not guilty at trial
The charges are rewritten as reckless driving and referred to pretrial intervention

For more help understanding your charge or how to fight your case contact Her Lawyer.

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If you or a loved one would like to learn more about South Carolina DUI Laws & Penalties, get connected to an attorney with one of our Criminal Defense Attorneys in South Carolina today!