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South Carolina DUI Laws


South Carolina DUI Laws specify that a mandatory videotaping should be performed during a DUI arrest to record the whole incident and to proven beyond doubt that a person is intoxicated with alcohol and/or drugs and his driving skills are impaired for this reason.

South Carolina is the sole state in the country that uses this innovative technique. This videotape will be presented during a court case.

If you are arrested, the officer on the scene will request you to take a chemical test to measure the alcohol content in your system in accordance with the implied consent law. If you refuse to take the test your driver’s license will be automatically suspended for 90 days. Even if you do not submit to the said test, as long as the arresting officer can prove it to the court that you are intoxicated with alcohol and/or drugs, you can still be convicted of a DUI offense.

If found guilty of a DUI offense, you will be mandated to render jail time, pay the necessary fines, and serve the duration of license suspension. The following are the corresponding sanctions for the DUI offenses:

1. First DUI offense – license suspension is 6 months for all blood alcohol content levels,
a. BAC under 0.10% – jail time of 48 hours to 30 days or 48 hours of community service and fine of $400;
b. BAC of .010% to 0.016% – jail time of 72 hours to 30 days or 72 hours of community service and fine of $500; and
c. BAC of above 0.16% – jail time of 30 to 90 days or 30 days of community service and fine of $1,000.
2. Second DUI offense – license suspension is 1 year for all blood alcohol content levels,
a. BAC under 0.10% – jail time of 5 days to 1 year and fine of $2,500 to $5,100;
b. BAC of .010% to 0.016% – jail time of 30 days to 2 years and fine of $2,500 to $5,500; and
c. BAC of above 0.16% – jail time of 90 days to 3 years and fine of $3,500 to $6,500.
3. Third DUI offense – license suspension is 2 years for all blood alcohol content levels,
a. BAC under 0.10% – jail time of 60 days to 3 years and fine of $3,800 to $6,300;
b. BAC of .010% to 0.016% – jail time of 90 days to 4 years and fine of $5,000 to $7,500; and
c. BAC of above 0.16% – jail time of 6 months to 5 years and fine of $7,500 to $10,000.

After the third offense, if you still commit a DUI offense, South Carolina DUI laws mandate increased jail time and fines and the permanent revocation of your license.