DUI Penalties

Remember Emma’s Law is brand new and requires ignition interlock devices now, so be sure to read my blog on this major change in South Carolina DUI law.

Legal consequences are listed by ascending blood alcohol levels.

Offense BAC between .08% – .09% BAC between .10% – .15% BAC between .16% or higher
1st
  • Jail sentences for a first DUI can range from 48 hours to a maximum 30 days, although community service can be given in lieu of jail time.
  • Fines can range up to $400, plus court costs and fees.
  • You will additionally lose your driver’s license for six months.
  • Jail sentences for first DUI charges can range from 72 hours to a maximum 30 days, although community service can be given in lieu of jail time.
  • Fines can range up to $500, plus court costs and fees.
  • You will additionally lose your driver’s license for six months.
  • Jail sentences for first DUI charges can range from 30 days to a maximum 90 days, although community service can be given in lieu of jail time.
  • Fines can range up to $1,000, and you are required to enroll and successfully complete an Alcohol and Drug Safety Action Program (ADSAP).
2nd
  • Jail time for a second DUI conviction can be sentenced up to one year, with a five-day minimum.
  • Fines can range from $2,100 to as much as $5,100, with loss of driving privileges up to 60 days.
  • You will additionally lose your driver’s license for one year.
  • Jail time for a second DUI runs up to two years, with a 30 day minimum.
  • Fines can range from $2,500 to as much as $5,500.
  • You will additionally lose your driver’s license for one year.
  • Jail time for a second DUI can sentenced up to three years, with a 90 day minimum.
  • Penalty fines can range from $3,500 to as much as $6,500, and you are required to enroll and successfully complete Alcohol and Drug Safety Action Program (ADSAP).
3rd
  • Third DUI offenders can serve from 60 days to up to three years in prison.
  • Fines include a $3,800 minimum, up to $6,300.
  • You will additionally lose your driver’s license for two years, unless your third conviction came within 5 years of the second, in which case you will lose your license for four years.
  • Third DUI offenders can serve from 90 days to up to four years in prison.
  • Fines include a $5,000 minimum, up to $7,500.
  • You will additionally lose your driver’s license for two years, unless your third conviction came within 5 years of the second, in which case you will lose your license for four years.
  • Third DUI offenders can serve from 6 months to up to five years in prison.
  • Fines include a $7,500 minimum, up to $10,000 and you are required to enroll and successfully complete an Alcohol and Drug Safety Action Program (ADSAP).
  • You will additionally lose your driver’s license for two years, unless your third conviction came within 5 years of the second, in which case you will lose your license for four years.
4th
  • For a fourth DUI arrest, you will be charged with a felony drunk driving, with imprisonment for at least a year, up to five years.
  • You will permanently lose your license.
  • For a fourth DUI arrest, you will be charged with a felony drunk driving, with imprisonment for at least two years, up to six years.
  • Fines range from $5,100 to $10,100.
  • You will permanently lose your license.
  • For a fourth DUI arrest, you will be charged with a felony drunk driving, with imprisonment for at least three years, up to seven years.
  • You are required to enroll and successfully complete ADSAP. You will permanently lose your license.

In addition to the above DUI penalties, the court may order ignition interlock devices placed on vehicles driven by the convicted driver for a specified period of time. The ignition interlock device measures BAC and prevents the car from starting if the driver tests positive for BAC. My Blog on Emma’s Law explains these new changes in much better detail!

Contact our office, 803-254-7900, to discuss help reducing or fighting your DUI arrest, whether to plead guilty or not guilty to driving under the influence, as well as possible ways to have your drunk driving charge reduced.

Due to Mr. Cromer’s Constitutional Responsibilities during the Legislative Session, consultations are by appointment only.