Overview
South Carolina DUI Laws
South Carolina DUI law at a glance
Sourced from the South Carolina code and state agency sites. Verify current text before relying on it.
- Offense name
- DUI (South Carolina)
- Controlling statute
- S.C. Code Ann. § 56-5-2930
- Implied consent
- S.C. Code Ann. § 56-5-2950
- Per se BAC limit
- 0.08 (0.04 CDL, 0.02 or lower under 21)
- Licence hearing deadline
- 30 days after arrest
- Prior-offense lookback
- 10 years
- First-offense fine
- $400–$1,000
- First-offense jail exposure
- up to 30 days
- Licence suspension
- 6 months
- Ignition interlock
- Not automatic on a first offense
- Trial court
- the Magistrate Court or Municipal Court
- High-risk filing
- SR-22 for 3 years
Penalties step up with the breath-test result; ADSAP enrollment is standard.
What S.C. Code Ann. § 56-5-2930 actually says
A charge in South Carolina is brought under one or more of these subsections.
- S.C. Code § 56-5-2930 — unlawful to drive while under the influence of alcohol or drugs to the extent that faculties are materially and appreciably impaired.
- S.C. Code § 56-5-2930 — enrolment in ADSAP is part of the sentence for a violation.
- S.C. Code § 56-5-2951 — administrative suspension for a refusal or a disqualifying alcohol concentration.
Penalties & Fines
When DUI Becomes a Felony
Court Costs & Fees
Legal Process
A DUI case in South Carolina is heard in the Magistrate Court or Municipal Court, and it runs on two tracks at once: the criminal case and a separate licence action you must challenge within 30 days of arrest.
- 1Arrest, booking and the chemical test — Officers arrest for DUI under S.C. Code Ann. § 56-5-2930 and request a breath, blood or urine test under South Carolina's implied-consent section, S.C. Code Ann. § 56-5-2950. Refusing carries its own licence penalty, separate from the criminal charge.
- 2Licence action — request a hearing within 30 days — Under S.C. Code § 56-5-2951 the SCDMV suspends the licence for a refusal or a qualifying alcohol concentration. You have 30 days from arrest to demand the administrative hearing with South Carolina Department of Motor Vehicles; miss it and the suspension takes effect automatically, whatever happens in court.
- 3Arraignment in the Magistrate Court or Municipal Court — The charge is read, a plea is entered and conditions of release are set in the Magistrate Court or Municipal Court. South Carolina tries first-offense DUI in magistrate or municipal court, both courts of record with misdemeanor DUI jurisdiction, while felony DUI — causing great bodily injury or death — is tried in the General Sessions division of the circuit court.
- 4Pretrial motions and discovery — Defence counsel obtains the police report, test records and calibration or maintenance logs, and may move to suppress the stop or the test result. Case records are accessible through the Judicial Branch's statewide public index and case management system.
- 5Diversion or treatment disposition — The Alcohol and Drug Safety Action Program is the statutory education and treatment programme tied to reinstatement under S.C. Code § 56-5-2990.
- 6Plea or trial, then sentencing — A first DUI conviction carries a fine of $400–$1,000, jail exposure up to 30 days, a licence suspension of 6 months. Prior offenses within 10 years push the case into the enhanced-penalty range. Penalties step up with the breath-test result; ADSAP enrollment is standard.
- 7Reinstatement — For violations on or after 19 May 2024 an ignition interlock device is required to clear DUI, DUAC and felony DUI suspensions. South Carolina requires a SR-22 certificate of financial responsibility for 3 years before the licence is restored.
South Carolina tries first-offense DUI in magistrate or municipal court, both courts of record with misdemeanor DUI jurisdiction, while felony DUI — causing great bodily injury or death — is tried in the General Sessions division of the circuit court. Appeals from magistrate or municipal court go to circuit court, with further appeal to the South Carolina Court of Appeals.
Filing and procedure in South Carolina
- Case records are accessible through the Judicial Branch's statewide public index and case management system.
- Municipal courts are courts of record with jurisdiction over certain state DUI offenses.
- The Alcohol and Drug Safety Action Program is the statutory education and treatment programme tied to reinstatement under S.C. Code § 56-5-2990.
- There is no general statewide DUI diversion; ADSAP is a reinstatement prerequisite rather than a route to dismissal.
Court tiers, appeal deadlines and diversion rules for every South Carolina county are listed on the South Carolina court reference.
Defense Tactics & How to Get a DUI Dismissed
Post-Conviction Class Requirements
License Reinstatement Process
Ignition Interlock Device (IID)
Car Insurance After a DUI
Rehab & Treatment Programs
CDL & Commercial Driver Consequences
Underage / Zero-Tolerance Laws
Drug DUI (DUID)
Expungement & Record Sealing
Frequently Asked Questions
Local Resources for South Carolina
These are the offices and helplines most South Carolina drivers need in the weeks after an arrest. Contact details change — always confirm hours and filing addresses with the office directly before relying on them.
Courts, licensing and statutes
- South Carolina court directory
Official judiciary directory of the courts, judges and clerk offices in every county.
- South Carolina Department of Motor Vehicles
Under S.C. Code § 56-5-2951 the SCDMV suspends the licence for a refusal or a qualifying alcohol concentration.
- S.C. Code Ann. § 56-5-2930 — South Carolina DUI statute
The offense, BAC limits and sentencing ranges in the state's own words.
Treatment and support
- SAMHSA treatment locator (findtreatment.gov)
Federal directory of licensed alcohol and substance-use treatment providers, searchable by ZIP code.
- SAMHSA national helpline — 1-800-662-4357
Free, confidential, 24/7 referral service for treatment and support groups.
- 988 Suicide & Crisis Lifeline
Call or text 988 for immediate mental-health crisis support.
- NHTSA impaired-driving research
Federal crash and enforcement data behind the statistics cited on this page.
Primary Sources & Legal References for South Carolina
Every claim on this page is grounded in the primary sources below — the official South Carolina statutes, the SC driver-licensing agency, and the state judiciary's court directory. Use these links to verify current language directly with the issuing authority.
- First-offense penalty scheduleGHSA — State alcohol-impaired driving laws
- SR-22 / FR-44 financial responsibilityInsurance Information Institute — SR-22 explained
- South Carolina trial courts (case filings, dockets)South Carolina Judiciary — official court directory (sccourts.org)Use the official directory to confirm the courthouse, address and docket access.
- SC driver-licensing agency (license suspension & reinstatement)Official SC DMV/driver services (scdmvonline.com)
- South Carolina official code / statutesFull South Carolina statutes as published by the state (scstatehouse.gov)
South Carolina DUI sources
- mtllawfirm.com/blog/what-are-the-penalties-for-a-dui-in-south-carolina
- moabusaftlaw.com/blog/legal-limits-for-bac-sc
- deatonlaw.net/underage-dui-north-charleston-laws
- jonathanmharveyattorney.com/blog/what-is-the-legal-alcohol-limit
- tmwlawsc.com/blog/2022/february/what-is-the-legal-limit-of-alcohol-in-south-caro
- snelllaw.com/blog/2019/may/does-a-0-08-bac-mean-you-are-automatically-guilt
- alcohol.org/dui/bac-limits
- kentcollinslaw.com/blog/legal-alcohol-limit-sc
Sources retrieved live by our Perplexity-powered research pipeline. Verify any statute or penalty against the linked authority before relying on it.
What to do in the next 24–72 hours
- Request your DMV / ALR hearing. In South Carolina you have 30 days from arrest to request the hearing — miss it and the suspension takes effect automatically.
- Save every document. Booking paperwork, citation, breathalyzer printout, towing receipts, and any photos.
- Don't post about your case online. Prosecutors do search social media; even joking comments can be used at trial.
- Get a local DUI attorney. A SC attorney familiar with the local prosecutors and judges is the single biggest factor in outcomes.
- Estimate your costs and exposure. Use our calculators below to plan financially.
Estimate your blood alcohol level by drinks, weight and time. Compare against the 0.08 SC limit.
See your likely fine, court costs, IID, insurance and attorney fees for a DUI in South Carolina.
DUI glossary
- BAC
- Blood Alcohol Concentration. The legal threshold is 0.08 in most states.
- Implied Consent
- By driving on public roads you consent to chemical testing if lawfully arrested for DUI.
- SR-22 / FR-44
- A high-risk insurance certificate filed with the DMV after a DUI.
- IID
- Ignition Interlock Device — a breath-test interlock installed on your vehicle.
- Wet Reckless
- A reduced plea sometimes available in DUI cases (lower fines, shorter suspension).
- ALR Hearing
- Administrative License Revocation hearing with the DMV. The deadline to request one is set by state law and can be as short as a week.
- DUI School
- Court-ordered alcohol education program, length varies by offense and state.
- Per Se DUI
- DUI based solely on BAC ≥ 0.08, regardless of impairment evidence.
- FST
- Field Sobriety Tests — walk-and-turn, one-leg-stand, HGN.
- Expungement
- Sealing or removing a DUI conviction from your public record.
Talk to a SC DUI attorney
Most DUI defense lawyers offer a free initial consultation. A local attorney familiar with South Carolina courts can review your arrest, identify procedural defenses (illegal stop, faulty FSTs, breathalyzer calibration), and negotiate a reduced charge such as wet reckless. Don't represent yourself.
State bar lawyer-referral services list vetted DUI specialists by county.