South Carolina DUI Laws & Penalties

South Carolina DUI

According to South Carolina DUI law section 56-5-2933 it is unlawful for a person to drive a motor vehicle within the state of South Carolina while his/her alcohol concentration is .08% or greater. However, you can still be arrested for DUI even without being over the legal limit of .08%, providing that the prosecutor in your case can prove that you were driving with impaired physical and mental faculties after consuming alcohol. It is imperative that you have a lawyer to help you with your South Carolina DUIcase, in order to avoid having the highest fines and punishments given to you as a result of your court appearance.

If you are driving a vehicle in the state of South Carolina, you are automatically implying your consent to take the breath, blood, or urine test to determine blood alcohol levels if requested by an officer. If you do not submit to this test, you will face stricter fines and penalties, as well as the assumption of guilt during your court case. However, South Carolina DUI laws say that you have the choice as to which of the three tests you give, and the officer must cooperate to provide you with the facilities necessary to take the test you desire.



South Carolina DUI Videotaping

In South Carolina all DUI arrests must be videotaped. This helps keep the officers honest, and serves as an accurate assessment of the level of impairment of the individual in question. South Carolina is quite unique in this regard and the officer is required to begin videotaping from the moment he puts his lights on until the arrest has been completed including submission of a breath sample.

The breath sample is required to be submitted within 3 hours of the beginning of the videotape or else there may be grounds for suppression of the the entire videotape itself. If you are arrested for a South Carolina DUI and the field sobriety test and subsequent arrest were not videotaped, your attorney may be able to use this fact in your court case to get some of the evidence against you suppressed and possibly a lesser sentence. 

Punishments for a South Carolina DUI Offense

SC DUI First Offense

  • $400 fine
  • Jail time from 2 to 30 days
  • Option of public service instead of jail time
  • SR22 insurance required for a period of 3 years from the date of license reinstatement
  • Drivers license suspended for 6 months

SC DUI Second Offense

  • Fine between $2000 and $5000
  • Jail time of 5 days to 1 year
  • Possible public service instead of jail time
  • Drivers license suspended for 1 year

SC DUI Third Offense

  • Fine between $3800 and $6300
  • Jail time between 60 days and 3 years
  • Drivers license suspended for 2 years

Note:  In addition to the above penalties, the state of South Carolina will likely require you to take an alcohol education and treatment program.

South Carolina DUI Attorneys

DUI Arrest Help.com has compiled a list of skilled DUI defense attorneys in South Carolina who have agreed to offer you a free initial consultation to discuss your case.  There is no obligation to use them, and you can get some great information about what you should do in this free consultation.  

Click here to speak with one of our South Carolina DUI lawyers.

Insurance Considerations for a South Carolina DUI

SR-22 insurance is required in the state of South Carolina after a DUI conviction.  This type of insurance is classified as 'high risk' meaning you are a higher risk to the insurance companies so consequently they will charge more for taking on more risk.  This can get very expensive if you sign up for one of these policies with the wrong company.

DUI Arrest Help.com has partnered with the largest and most trusted SR22 insurance provider in the state of South Carolina and has worked out a special discount only available here for our website visitors.

You won't be able to find a cheaper SR22 insurance policy in South Carolina for any less.  Type in your zip code below so we can provide you with the cheapest rates in your area.



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Other South Carolina DUI Resources

  • South Carolina DUI First Offense -  Detailed first offense information including punishments after a first offense DUI in South Carolina.

  • South Carolina SR22 Insurance -  Learn everything you need to know about South Carolina SR22 filing requirements with the DMV and find out how you can save hundreds of dollars each year on your SC SR22 insurance.

  • South Carolina DUI Lawyers -   Contact one of our South Carolina DUI lawyers today.