South Carolina First DUI

SC First Offense DUI Laws Explained in Easy to Understand Simple Terms

In South Carolina, a first offense DUI (Driving Under the Influence) is taken very seriously and can lead to significant penalties. If you are found driving with a blood alcohol concentration (BAC) of 0.08% or higher, you may be charged with a DUI. Penalties for a first offense can include fines ranging from $400 to $1,000, a jail sentence of 48 hours to 90 days, and a mandatory six-month driver’s license suspension. Additionally, offenders are required to complete an Alcohol and Drug Safety Action Program (ADSAP). South Carolina also imposes implied consent laws, meaning that refusal to undergo a BAC test can result in immediate license suspension and other penalties. Enhanced penalties may apply if the BAC is significantly higher than the legal limit.

Key Aspects of a First Offense DUI in South Carolina

  1. Legal Penalties: A first offense DUI can result in substantial fines, mandatory jail time, and a suspension of driving privileges. The severity of these penalties often depends on the driver’s blood alcohol concentration (BAC) at the time of arrest.
  2. License Suspension: The immediate suspension of a driver’s license is a significant concern, impacting the ability to commute to work or school. This suspension can complicate personal and professional life, requiring the arrangement of alternative transportation.
  3. Long-Term Impacts: Beyond immediate penalties, a DUI conviction can have lasting effects on a person’s life, including increased insurance costs, potential employment difficulties, and personal reputation. It might also influence future legal situations, as subsequent offenses carry harsher penalties.

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First Offense DUI Penalties

In South Carolina, the penalties for a first DUI offense can vary significantly based on the driver’s blood alcohol concentration (BAC) at the time of the arrest:

  1. Fines and Jail Time:
    • For a BAC below 0.10%, fines can be up to $400, and jail time ranges from 48 hours to 30 days, which may be served as community service instead​ (www.alllaw.com)​​ (Templeton Mims & Ward)​.
    • For a BAC between 0.10% and 0.15%, the fines may go up to $500, with a potential jail time of 72 hours to 30 days, also convertible to community service​ (www.alllaw.com)​​ (Deluca Maucher)​.
    • If the BAC is 0.16% or higher, fines can reach up to $1,000 with a jail sentence of 30 to 90 days, which again can be substituted by community service​ (www.alllaw.com)​​ (Deluca Maucher)​.
  2. License Suspension:
    • Regardless of the BAC, a first offense typically results in a six-month driver’s license suspension​ (www.alllaw.com)​​ (Deluca Maucher)​.
  3. Ignition Interlock Device (IID):
  4. Alcohol and Drug Safety Action Program (ADSAP):
  5. Additional Consequences for Refusal to Take a Chemical Test:
    • Refusing to undergo a chemical test under the state’s implied consent law leads to an immediate six-month license suspension for the first refusal​ (Personal Injury Attorney Rock Hill SC)​.

These penalties underscore the importance of legal guidance if facing DUI charges in South Carolina, as navigating the complexities of DUI laws and penalties can significantly impact the outcome of a case. It’s advisable to consult with a DUI attorney who can provide specific advice and potentially mitigate the penalties based on the circumstances of the case.

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Underage First Offense DUI

In South Carolina, underage drivers (under 21) are subject to “zero-tolerance” laws regarding DUI, which are stricter than those for adults:

  1. Legal Limit for BAC: For underage drivers, the blood alcohol content (BAC) limit is 0.02%, significantly lower than the standard 0.08% for adults. If an underage driver is tested and found with a BAC of 0.02% or higher, they can be charged with a DUI.
  2. Penalties for First Offense:
    • License Suspension: A first offense results in a three-month driver’s license suspension. If an underage driver refuses to take a chemical test after arrest, the suspension extends to six months.
    • Criminal Penalties: While specific criminal penalties like fines or jail time are not explicitly stated for BACs below 0.08%, the standard administrative penalties like license suspension and mandatory participation in an Alcohol and Drug Safety Action Program are enforced.
    • Higher BAC Levels: If the BAC is 0.08% or more, underage drivers face penalties similar to adults, including fines up to $1,000, a potential jail term of up to one year, and a six-month license suspension. Penalties can increase if the BAC is 0.10% or higher.
  3. Repeat Offenses: The license suspension period increases to six months for a second offense within five years. Additional penalties may apply based on the circumstances of the offense and the driver’s BAC at the time of arrest.
  4. Additional Requirements: Underage DUI offenders are required to enroll in the Alcohol and Drug Safety Action Program, which aims to reduce the likelihood of future offenses through education and intervention​ (Kent Law Firm)​​ (Law Office of James R. Snell, Jr., LLC)​​ (Law Offices of Marion M. Moses, LLC)​​ (DMV.ORG)​​ (dui.drivinglaws.org)​.

These strict measures reflect South Carolina’s commitment to discouraging underage drinking and driving, emphasizing both prevention and significant legal consequences for violations.

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CDL First Offense DUI Penalties


In South Carolina, the penalties for a first offense DUI for commercial driver’s license (CDL) holders are more severe than for non-commercial drivers. A CDL holder will face a one-year disqualification from operating a commercial vehicle if their blood alcohol content (BAC) is .04% or higher when arrested for a DUI. This is stricter compared to the .08% legal limit for non-commercial drivers. Additionally, this one-year disqualification also applies if the CDL holder refuses to submit to a post-arrest chemical test​ (Law Office of James R. Snell, Jr., LLC)​.

If the DUI occurs while transporting hazardous materials, the disqualification period extends to three years. A second or subsequent DUI conviction, regardless of whether it’s in a commercial or personal vehicle, can result in a lifetime disqualification from holding a CDL​ (Law Office of James R. Snell, Jr., LLC)​.

Beyond the CDL disqualification, general DUI penalties apply, which include a possible fine and a jail sentence that can vary depending on the specific circumstances of the case. For instance, a standard first offense DUI can lead to fines and jail time depending on the driver’s BAC level at the time of arrest​ (SCDPS)​. These penalties underscore the strict approach South Carolina takes towards DUI offenses, particularly for those holding a commercial driver’s license.

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Ignition Interlock Requirements First Offense DUI

In South Carolina, the requirement for an ignition interlock device (IID) as part of the penalties for a first offense DUI typically depends on the driver’s blood alcohol content (BAC) at the time of arrest. For first-time DUI offenders with a BAC of 0.15% or higher, an IID must be installed in their vehicle. This device must be maintained for a period of six months​ (www.alllaw.com)​​ (Deluca Maucher)​.

The IID program involves having the device installed in every vehicle owned or operated by the offender. The device prevents the vehicle from starting if it detects a BAC above a preset limit. This measure is part of the broader efforts to prevent repeat offenses and enhance road safety.

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Implied Consent Law

In South Carolina, the implied consent law requires that any person who drives a motor vehicle in the state is considered to have given consent to chemical tests of their breath, blood, or urine for the purpose of determining the presence of alcohol or drugs. This is particularly relevant when an individual is arrested under suspicion of DUI.

For a first offense DUI, if a driver refuses to take the chemical test, it triggers specific consequences under the implied consent law:

  • The driver’s license will be immediately suspended for six months.
  • The refusal can also be used against the driver in court, potentially affecting the outcome of any DUI prosecution.

This suspension is administrative and separate from any criminal penalties that might be imposed if the person is subsequently convicted of DUI. The process includes the right to request an administrative hearing to challenge the suspension, but if the challenge is not successful, or if the driver does not contest the suspension, the six-month suspension remains in effect​ (www.alllaw.com)​​ (Personal Injury Attorney Rock Hill SC)​.

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DUI Class Requirements

In South Carolina, first-time DUI offenders are required to enroll in the Alcohol and Drug Safety Action Program (ADSAP). This state-mandated intervention reduces the likelihood of repeat offenses by addressing the root causes of substance-related driving incidents. The program includes assessments, education, and treatment components tailored to individual needs.

Participants in ADSAP must complete the program before their driving privileges can be fully reinstated. The cost of the program varies and is generally the participant’s responsibility. Failure to successfully complete ADSAP can result in the continuation of the suspension of driving privileges​ (Touma Law Group)​.

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Driver License Hearing

In South Carolina, if your driver’s license is suspended due to a DUI arrest, you have the right to request an administrative hearing to challenge the suspension. This request must be made within 30 days of the arrest. Filing for this hearing involves a fee, and it’s crucial to adhere to this deadline to secure a chance to contest the suspension.

At the hearing, the issues typically reviewed include the circumstances of the arrest, the administration of the breathalyzer test or the refusal to take the test, and the arresting officer’s adherence to legal procedures. The hearing does not determine guilt or innocence regarding the DUI charge itself but focuses on the legality of the driver’s license suspension under the implied consent law.

If the suspension is upheld at the hearing, the suspension period will continue as initially set. However, if the suspension is overturned, your driving privileges may be reinstated pending the outcome of the DUI charge in criminal court. It’s often advisable to have legal representation during this hearing to navigate the complexities of DUI law and administrative procedures effectively.

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Final Thoughts

In South Carolina, penalties for a first offense DUI are designed to be strict with the aim of discouraging drunk driving and enhancing road safety. Here are some key points to keep in mind:

  1. Severity Based on BAC Levels: Penalties vary based on the Blood Alcohol Content (BAC) at the time of the arrest. Lower penalties are applied for BAC below 0.10%, with increasing severity for BAC levels of 0.10% to 0.15% and 0.16% or higher​ (www.alllaw.com)​​ (Deluca Maucher)​.
  2. License Suspension: The license suspension for a first offense DUI is generally six months, but this can be longer if BAC is significantly high or if the driver refuses to take a chemical test under the implied consent law​ (www.alllaw.com)​​ (Deluca Maucher)​​ (Personal Injury Attorney Rock Hill SC)​.
  3. Ignition Interlock Device: Installation of an ignition interlock device is required for higher BAC levels or if certain conditions are met during the first offense​ (www.alllaw.com)​​ (Deluca Maucher)​.
  4. ADSAP Requirement: All first-time offenders are required to complete the Alcohol and Drug Safety Action Program (ADSAP) to address substance abuse issues and regain their driving privileges​ (Touma Law Group)​.
  5. Administrative and Legal Consequences for Test Refusal: Refusing a breathalyzer test invokes an immediate six-month license suspension and can affect the outcomes in court under the implied consent law​ (Personal Injury Attorney Rock Hill SC)​.
  6. Driver License Hearing: Offenders have the right to request an administrative hearing to challenge their license suspension, which must be requested within 30 days of the DUI charge​ (www.alllaw.com)​.

These measures reflect South Carolina’s commitment to reducing DUI incidents and promoting safety on the roads. If facing a DUI charge, it’s advisable to seek legal assistance to navigate the complexities of the law and explore potential defenses or mitigations.

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Additional South Carolina DUI Resources