South Carolina DUI Laws: Penalties, BAC & License (2026)

In South Carolina the offense is called driving under the influence (DUI), and Section 56-5-2930 makes it unlawful to drive while materially and appreciably impaired by alcohol or drugs. The separate 0.08 percent blood alcohol concentration (BAC) offense is driving with an unlawful alcohol concentration (DUAC) under Section 56-5-2933. A first DUI is a misdemeanor with penalties that scale by BAC, starting at a $400 fine and 48 hours to 30 days in jail, according to the South Carolina Department of Public Safety, and a conviction suspends the license under Section 56-5-2990 until the driver enrolls in the ignition interlock program.

This guide is part of our DUI Laws by State series.

What counts as a DUI in South Carolina

South Carolina charges the offense as driving under the influence under Section 56-5-2930, which makes it unlawful to drive while the person's faculties to drive are materially and appreciably impaired by alcohol, drugs, or a combination. Section 56-5-2930 contains no alcohol-concentration element at all. Under Section 56-5-2950, a test result of 0.08 percent or more merely allows the fact-finder to infer that the driver was under the influence, so a driver can be convicted below 0.08 if the State proves impaired faculties, and a result at or above 0.08 does not by itself establish the offense. The true 0.08 per se charge is the companion offense, driving with an unlawful alcohol concentration (DUAC) under Section 56-5-2933, which makes it unlawful to drive with an alcohol concentration of 0.08 percent or more and carries the same penalties as DUI. Commercial drivers face a 0.04 percent limit, and drivers under 21 face a 0.02 percent zero-tolerance rule. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration explains.

First-offense DUI penalties in South Carolina (jail, fines, suspension)

A first DUI is a misdemeanor, and the penalties scale by the measured BAC. According to the South Carolina Department of Public Safety, a first offense at a BAC under 0.10 percent carries a $400 fine (closer to $992 with assessments and surcharges) and 48 hours to 30 days in jail. A first offense at 0.10 to less than 0.16 percent carries a $500 fine and 72 hours to 30 days in jail. A first offense at 0.16 percent or more carries a $1,000 fine and 30 to 90 days in jail. For the lower tiers, the court may allow community service in lieu of the minimum jail term. Every offender must also enroll in the Alcohol and Drug Safety Action Program (ADSAP) administered through the state.

Watch out: Even the lowest-tier first offense carries mandatory minimum jail time of 48 hours unless the court allows community service. The fine you see in the statute is far lower than the total once court assessments and surcharges are added.

Ignition interlock requirements in South Carolina

South Carolina dramatically expanded its ignition interlock program with the All-Offender Law, which took effect May 19, 2024. Under Section 56-5-2941 as amended, every person convicted of DUI must install an ignition interlock device, including first offenders, regardless of BAC. The one express exception in Section 56-5-2941(A)(1) is a driver who submitted to a breath test under Section 56-5-2950 and registered 0.00 percent, which can happen in a drug-only DUI case. The device-duration schedule is set by Section 56-5-2990: six months for a first offense, two years for a second, three years for a third (four years if the third offense falls within five years of the first), and lifetime for a fourth or subsequent offense. The South Carolina Department of Probation, Parole and Pardon Services runs the program. This is a major change from the prior rule, under which a first offender only needed the device if the BAC was 0.15 percent or higher. The device requires a breath sample before the engine starts and at random points during a trip, and the program inspects and downloads the device on a set schedule.

License suspension and the administrative process in South Carolina

South Carolina runs two license tracks. A DUI conviction triggers a suspension under Section 56-5-2990, imposed through the criminal case. Since that section was amended effective May 19, 2024, it sets no fixed suspension term for a first offense: the driver ends the suspension by enrolling in the Ignition Interlock Device Program and obtaining an interlock-restricted license under Section 56-1-400, and the device then stays on the vehicle for six months. Separately, the implied-consent law creates an immediate administrative suspension based on the breath-test result or a refusal, handled by the Office of Motor Vehicle Hearings rather than the criminal court. Under Section 56-5-2951, a first refusal triggers a six-month administrative suspension, and a first-offense breath test at 0.15 percent or higher triggers a one-month administrative suspension. The driver may contest the administrative suspension by requesting a hearing within 30 days of the notice of suspension. A driver may often keep driving by enrolling in the ignition interlock program and obtaining an interlock-restricted license while the case proceeds. Reinstatement requires serving the suspension, completing ADSAP, and paying fees.

Repeat offenses and the South Carolina look-back period

South Carolina counts prior DUIs within a 10-year look-back window, and penalties climb sharply with each prior. A second offense carries higher fines and longer jail, plus a two-year interlock. A third DUI within ten years is a Class A misdemeanor that still carries substantial mandatory jail time and a three-year interlock, or four years if the third offense falls within five years of the first; the felony threshold is the fourth or subsequent offense, which can carry a lifetime interlock. Apart from the count of priors, DUI causing great bodily injury or death is a felony under Section 56-5-2945, punishable by up to 15 years in prison for great bodily injury and up to 25 years if the crash causes a death, regardless of how many prior offenses the driver has. The 10-year window is measured between offenses for enhancement purposes.

Watch out: A DUI is not just a misdemeanor in South Carolina once a crash is involved. If someone other than the driver suffers great bodily injury or dies, the charge becomes felony DUI under Section 56-5-2945 even on a first offense.

Refusing a breath or blood test in South Carolina

South Carolina's implied-consent law in Section 56-5-2950 provides that by driving in the state you have consented to a breath, blood, or urine test if arrested for DUI. Under Section 56-5-2951, refusing the test triggers an immediate administrative license suspension of six months on a first refusal, separate from the criminal DUI case. By contrast, taking the test and registering 0.15 percent or higher triggers a shorter one-month administrative suspension on a first offense. A driver who refuses can often avoid the full suspension by enrolling in the ignition interlock program and getting an interlock-restricted license, but that means installing the device. The driver may challenge the administrative suspension at a hearing requested within 30 days of the notice. Because the refusal suspension is longer than the suspension for failing the test, refusing usually makes the license consequences worse.

Can you expunge or seal a DUI in South Carolina

South Carolina does not allow expungement of a DUI or DUAC conviction. Once a person is convicted under Section 56-5-2930 or Section 56-5-2933, the conviction stays on the criminal record permanently, and there is no waiting period after which it can be cleared. This applies to first offenses as well as repeat and felony DUIs. The only realistic path to a clean record is to avoid a DUI conviction in the first place: a charge that is dismissed or that ends in an acquittal can be expunged, and if a DUI charge is reduced to a different offense such as reckless driving, that separate charge may later qualify for expungement under the general expungement statutes. Because DUI convictions are permanent, the stakes on the underlying case are high.

What to do after a DUI arrest in South Carolina

A South Carolina DUI creates a criminal case in court and, through implied consent, an administrative license case at the Office of Motor Vehicle Hearings. The deadlines differ, so the paperwork matters: a driver generally must request the administrative hearing within 30 days of the notice of suspension to contest it. The criminal case moves on its own schedule, and the BAC tier and any crash drive the exposure. General information cannot tell you how your case will come out, since the outcome depends on the BAC, your record under the 10-year look-back, and the evidence. With that much riding on the details, get a free consultation from a South Carolina DUI lawyer on both cases, starting with the 30-day hearing request (attorney advertising). Keep the ticket, the notice of suspension, and any breath-test or refusal paperwork in a safe place.

More South Carolina Laws

• South Carolina Expungement Laws
• South Carolina Warrant Search

Frequently Asked Questions

What is the BAC limit in South Carolina?

The 0.08 percent per se offense is DUAC under Section 56-5-2933. A DUI under Section 56-5-2930 has no BAC element: it turns on materially and appreciably impaired faculties, and under Section 56-5-2950 a result of 0.08 percent or more only allows an inference that the driver was under the influence. Commercial drivers are limited to 0.04 percent, and drivers under 21 face a 0.02 percent zero-tolerance rule.

How long do you lose your license for a first DUI in South Carolina?

A first DUI conviction suspends the license under Section 56-5-2990 with no fixed term: the driver ends the suspension by enrolling in the ignition interlock program and obtaining an interlock-restricted license, and the device stays on the vehicle for six months. Separately, refusing the chemical test triggers a six-month administrative suspension, while failing it at 0.15 percent or higher triggers a one-month administrative suspension.

Is a first DUI a felony in South Carolina?

No. A first DUI is a misdemeanor. A third DUI within the 10-year look-back is a Class A misdemeanor, not a felony, and the felony threshold is the fourth offense; any DUI causing great bodily injury or death is a felony under Section 56-5-2945, even on a first offense.

Do you need an interlock for a first DUI in South Carolina?

Yes. Under the All-Offender Law effective May 19, 2024, Section 56-5-2941 requires an ignition interlock device for every DUI conviction, including a first offense, regardless of BAC, except where the driver submitted to a breath test showing 0.00 percent. The device period is six months for a first offense under Section 56-5-2990(A)(2).

What happens if you refuse a breathalyzer in South Carolina?

Under the implied-consent law in Section 56-5-2951, a first refusal triggers a six-month administrative license suspension, separate from the criminal case. A driver can often keep driving by enrolling in the ignition interlock program, and can challenge the suspension at a hearing requested within 30 days.

How long does a DUI stay on your record in South Carolina?

A DUI conviction stays on the [criminal record](/how-long-does-a-felony-stay-on-your-record-a-state-by-state-overview) permanently because South Carolina does not allow expungement of DUI convictions. For enhancement, the 10-year look-back counts prior DUIs toward second, third, and felony offender status.

Can you get a DUI expunged in South Carolina?

No. A DUI or DUAC conviction cannot be expunged in South Carolina, no matter how much time passes. Only a charge that is dismissed or ends in an acquittal, or a reduced charge such as reckless driving, may be eligible for expungement.

What is the look-back period for DUI in South Carolina?

South Carolina uses a 10-year look-back period. Prior DUI convictions within 10 years count toward second-offense and felony third-offense status, with escalating jail, longer suspensions, and longer ignition interlock terms.