South Carolina DUI Penalties by Offense
If you are over 21 and you are convicted of DUI, your blood alcohol level (BAC) and whether the DUI conviction is a first or subsequent offense, are used to dictate DUI Penalties in South Carolina and the severity of your sentence. Keep in mind that the fines set forth below will more than double when you add in court costs and assessments. Additionally, if you REFUSE to give a breath sample, in South Carolina, it is an automatic suspension of your license for 6 months from the date of your arrest.
Penalties for First DUI Conviction:
If your BAC is below .10:
- 48 hours to a maximum of 30 days in jail, although community service can be given in place of the mandatory minimum jail sentence.
- Fines of $400, plus court costs and assessments.
If your BAC is .10% < .15%:
- 72 hours to a maximum of 30 days in jail, although community service can be given in place of mandatory minimum jail time.
- Fines of $500, plus court costs and assessments.
If your BAC is .15 or higher:
- 30 days to a maximum of 90 days in jail. Community service can be given in place of a jail sentence.
- Fines of $1,000, plus court costs and assessments.
- Drivers license suspension for 6 months
- Ignition Interlock Device required.
Penalties for Second DUI Conviction:
Contact us for help reducing or fighting the following DUI penalties. Legal consequences are listed by ascending blood alcohol levels.
If your BAC is between .08% and .09%:
- Jail time for a second DUI conviction carries up to one year, with a five-day minimum.
- Fines can range from $2,100 – $5,100
- Driver License suspension
- Ignition Interlock Device required for two years
If your BAC is between .10% and .15%:
- Jail time for a second DUI carries up to two years, with a 30-day minimum.
- Fines can range from $2,500 – $5,500
- Driver License suspension
- Ignition Interlock Device required for two years
If your BAC is .16 or higher:
- Jail time for a second DUI carries up to three years, with a 90-day minimum.
- Penalty fines can range from $3,500 – $6,500
- Driver License suspension
- Ignition Interlock Device required for two years
Penalties for Third DUI Conviction:
Contact us for help reducing or fighting the following DUI penalties. Legal consequences are listed by ascending blood alcohol levels.
If your BAC is between .08% and .09%:
- Jail time for a DUI 3rd carries up to up to three years, with a 60-day minimum
- Penalty Fines can range from $3,800 – $6,300
- Driver License Suspension
- Ignition Interlock Device required for three years and up to four years if the 3rd offense is within five years of the previous DUI conviction
If your BAC is between .10% and .15%:
- Jail time for DUI 3rd carries up to four years in prison, with a 90-day minimum
- Penalty fines can range from $5,000 – $7,500
- Driver License Suspension
- Ignition Interlock Device required for three years and up to four years if the 3rd offense is within five years of the previous DUI conviction
If your BAC is .16 or higher:
- Jail time for DUI 3rd carries up to five years in prison, with a 6-month minimum
- Penalty Fines can range from $7,500 – $10,000
- Driver License Suspension
- Ignition Interlock Device required for three years and up to four years if the 3rd offense is within five years of the previous DUI conviction
Penalties for Fourth DUI or Subsequent Offense:
Contact us for help reducing or fighting the following DUI penalties. Legal consequences are listed by ascending blood alcohol levels.
If your BAC is between .08% and .09%:
- a 4th or subsequent DUI conviction is clarified as a felony, with 1-5 years in prison plus court costs and assessments.
- Driver License Suspension
- Ignition Interlock Device for life.
If your BAC is between .10% and .15%:
- Minimum of two years jail time, with a maximum of 6 years
- Driver License Suspension
- Ignition Interlock Device for life.
If your BAC is .16 or higher:
- Minimum of three years jail time, with a maximum of 7 years
- Driver License Suspension
- Ignition Interlock Device for life.
Strom Law Firm offers you one free initial consultation with one of our criminal defense lawyers to discuss: your case. Contact us today for your free consultation. We offer flexible payment plans and accept Visa and Mastercard.
