South Carolina DUI Laws and Penalties (2026)
A complete guide to DUI and DWI laws in South Carolina, including penalties for first and repeat offenses, BAC limits, license suspension rules, and when a DUI becomes a felony.
South Carolina DUI At a Glance
First Offense DUI in South Carolina
48 hours–30 days jail, $400 fine, 6-month suspension
Felony DUI if serious injury or death occurs
Second Offense DUI in South Carolina
5 days–1 year, $2,100–$5,100 fine, 1-year suspension
When Does a DUI Become a Felony in South Carolina?
In South Carolina, a DUI typically becomes a felony charge at the 3rd offense within 10 years. Additional circumstances that can elevate a DUI to a felony include:
- Causing injury or death to another person while driving impaired
- Having a child passenger in the vehicle
- Having an extremely high BAC (typically 0.15% or 0.16%+)
- Driving on a suspended or revoked license due to a prior DUI
South Carolina DUI BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Under 21 | 0.00%–0.02% (zero tolerance) |
| Commercial Driver (CDL) | 0.04% |
Refusing a Breathalyzer in South Carolina
South Carolina, like all U.S. states, has an implied consent law. By driving on South Carolina roads, you implicitly consent to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing a test will typically result in automatic license suspension, separate from any DUI conviction, and the refusal can be used against you in court.
DUI vs. DWI in South Carolina
Different states use different terminology. South Carolina uses DUI (Driving Under the Influence) as its primary statute, though both alcohol and drug impairment can result in charges.
Finding a DUI Lawyer in South Carolina
If you are facing a DUI charge in South Carolina, it is strongly recommended to consult with a qualified DUI defense attorney as soon as possible. An attorney can:
- Review the circumstances of your arrest for procedural errors
- Challenge the accuracy of BAC testing equipment
- Negotiate for reduced charges or alternative sentencing
- Represent you at DMV hearings to contest license suspension