skip to Main Content

DUI CONVICTION AND PENALTIES IN SOUTH CAROLINA

South Carolina DUI Conviction and PenaltiesSouth Carolina DUI Conviction

Arrested for DUI?  The penalties for a DUI conviction in South Carolina are harsh and the consequences recently changed on October 1, 2014 due to Emma’s Law.  If you have been arrested for DUI, you should immediately seek the advice of an experienced South Carolina DUI attorney to defend your rights, livelihood, and driver’s license.  DUI in South Carolina first offense? See the information below for more information. We always offer free, confidential, and personalized consultations and are available 24/7.  Contact us to schedule your free case review.


Jump to a Section

DUI Conviction for Refusal / BAC less than 0.10

  • First offense:        $400 fine or a minimum of 48 hours to 30 days in jail.
  • Second offense:   $2,100-5,100 fine and a minimum of 5 days to 1 year in jail.
  • Third offense:      $ 3,800-6,300 fine and a minimum of 60 days to 3 years in jail.
  • Fourth offense:    Minimum of 1 year to 5 years in jail.

DUI Conviction for BAC 0.10 to 0.15

  • First offense:       $500 fine or a minimum of 72 hours to 30 days in jail
  • Second offense:  $2,500-5,500 fine and a minimum of 30 days to 2 years in jail.
  • Third offense:     $5,000-7,500 fine and a minimum of 90 days to 4 years in jail.
  • Fourth offense:   Minimum of 2 years to 6 years in jail.

DUI Conviction for BAC 0.16 or above

  • First offense:       $1,000 fine or a minimum of 30 days to 90 days in jail.
  • Second offense:  $3,500-6,500 fine and a minimum of 90 days to 3 years in jail.
  • Third offense:     $7,500-10,000 fine and a minimum of 6 months to 5 years in jail.
  • Fourth offense:   Minimum of 3 years to 7 years in jail.

DUI Conviction: License Suspension After Emma’s Law (10/01/14 or later)

  • Refused to take the Datamaster breath test:
    • Driver’s license is suspended for 6 months.
    • Suspension can be cleared by completing ADSAP and having IID installed for the remainder of suspension period (minimum of 3 months).
  • BAC 0.14% or less / Drugs:
    • Driver’s license is suspended for 6 months
    • Suspension can be cleared by completing ADSAP and having IID installed for the remainder of suspension period (minimum of 3 months).
  • BAC 0.15% or above:
    • Driver’s license suspended indefinitely.
    • Suspension can be cleared by completing ADSAP and having IID installed for 6 months.
  • Second offense:
    • Driver’s license suspended indefinitely.
    • Suspension can be cleared by completing ADSAP and having IID installed for 2 years.
  • Third offense (within 5 years):
    • Driver’s license suspended indefinitely.
    • Suspension can be cleared by completing ADSAP and having IID installed for 4 years.
  • Third offense (within 10 years):
    • Driver’s license suspended indefinitely.
    • Suspension can be cleared by completing ADSAP and having IID installed for 3 years.
  • Fourth offense:
    • Driver’s license suspended indefinitely.
    • Suspension can be cleared by completing ADSAP and having IID installed for life.

DUI Conviction: License Suspension Before Emma’s Law (9/30/14 or earlier)

  • Refused to take the Datamaster breath test:A man arrested for DUI
    • Serve 6 month suspension and complete ADSAP.
    • No IID requirement.
    • Eligible to obtain provisional license by enrolling in ADSAP and filing Form SR-22.
  • BAC 0.14% or less / Drugs:
    • Serve 6 month suspension and complete ADSAP.
    • No IID requirement.
    • Eligible to obtain provisional license by enrolling in ADSAP and filing SR-22.
  • BAC 0.15% or above:
    • Serve 6 month suspension and complete ADSAP.
    • No IID requirement.
    • Eligible to obtain provisional license by enrolling in ADSAP and filing Form SR-22.
  • Second offense:
    • Serve 1 year suspension and complete ADSAP.
    • IID installed for 2 years.
  • Third offense (within 5 years):
    • Serve 4 year suspension and complete ADSAP.
    • IID installed for 3 years.
  • Third offense (within 10 years):
    • Serve 2 year suspension and complete ADSAP.
    • IID installed for 3 years.
  • Fourth offense:
    • Driver’s license is barred forever.
    • If DL reinstated, IID for life (Can ask Department of Probation, Parole and Pardon Services to lift the IID requirement 10 years after last offense and again each 5 year thereafter).

DUI Conviction: Ignition Interlock Device IID After Emma’s Law (10/01/14 or later)

  • Driver’s licenses with IID restrictions cost $100
  • Refused to take the Datamaster breath test:  IID required for 6 months.
  • BAC 0.14% or less / Drugs:  6 month suspension can be cleared by completing ADSAP and having IID installed for the remainder of suspension period (minimum of 3 months).
  • BAC 0.15% or above:  IID required for 6 monthsa drunk man being questioned by a police officer
  • Second offense:  IID required for 2 years
  • Third offense (within 5 years):  IID required for 4 years.
  • Third offense (within 10 years):  IID required for 3 years.
  • Fourth offense:  IID required for life.

Eligibility for a Provisional License after DUI Conviction

  • BAC 0.14% or less / Drugs:           Eligible (first offense)
  • Refusal:                                            Not eligible
  • BAC 0.15% or above:                     Not eligible
  • Second offense:                              Not eligible
  • Third offense:                                 Not eligible
  • Fourth offense:                               Not eligible
  • SR-22 is no longer required for a provisional license, but must enroll in ADSAP.

Collateral Consequences of a DUI Conviction

  • Criminal Record: DUI convictions cannot be expunged in South Carolina. I repeat, no expungement in South Carolina.
  • Employment: DUI convictions result in a suspended driver’s license and the inability to drive and/or the increase in insurance premiums will possibly cause you to be fired from your job.
  • Scholarships: DUI convictions can result in loss of scholarships and some financial aid.

Call the Michael Jeffcoat Firm 24 hours a day, 7 days a week to schedule a free and confidential case review.  Our office is located at 4723-A Sunset Blvd., Lexington, SC 29072.

Resources

Treatment / Recoverya cop checking a man for DUI with a Breathalyzer test

WARNING: This Does Not Constitute Legal AdviceDo not rely on the accuracy of this information because laws are subject to change.  You are strongly encouraged to seek the advice of an attorney in any legal matter.  If you take action in your case without an attorney, it may negatively affect your legal rights.

DISCLAIMER:  This information does not create an attorney-client relationship.  The information provided in this document is not legal advice, cannot be cited as legal authority, and cannot replace the advice of an attorney in South Carolina.

Key Terms:

  • IID – Ignition Interlock Device – a device connected to a vehicle’s engine ignition system that detects BAC level
  • BAC – Blood Alcohol Concentration – refers to the amount of alcohol present in a specific volume of blood
  • ADSAP – Alcohol and Drug Safety Action Program – a statewide substance abuse program for individuals with certain alcohol and/or drug-related violations and/or suspensions
  • DUAC – Driving with a blood alcohol concentration greater than 0.08
  • DUI – Driving under the Influence-refers to driving a motor vehicle while under the influence of alcohol to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired
  • Felony DUI – refers to operating a motor vehicle under the influence of drugs, alcohol or both causing great bodily injury or death to a person other than himself.
  • South Carolina DUI
  • Lexington DUI
  • Columbia DUI
  • Implied consent
  • Reckless driving
  • Field sobriety tests
  • DUI Conviction
  • Arrested for DUI
  • DUI Arrest

Contact Our Expert South Carolina DUI Attorneys In Columbia Today

Our DUI lawyer at work at his desk.

When people are arrested for DUI offenses in South Carolina, they often assume the situation is hopeless; it’s not. You don’t have to deal with these kinds of charges on your own. 

Our attorneys at The Jeffcoat Firm will do everything in their power to resolve your situation with the most beneficial outcome. You may think your charges are not serious, but the consequences of even a misdemeanor conviction can negatively affect the rest of your life. You need a criminal defense attorney that won’t quit fighting for your liberties and your long-term future.

The Jeffcoat Firm attorneys are always available, meaning you won’t waste any time waiting for a reply. Your initial consultation is free, so you have nothing to lose by contacting us.

Jeremy Nason

I was arrested for a DUI in Kershaw County SC. I immediately hired the Jeffcoat law firm specifically Mr. Bell. Due to his specific knowledge and his professionalism he found that the charges where not correct. All charges where dismissed. I would recommend Mr bell 100 times over.

G. C.

There aren’t proper words to describe the talents, professionalism, responsiveness, or reassurances of Taylor Bell. He answered my first call to him while doing yard work … on a weekend… to assure me that he could and would help me with my case. And he did. His knowledge, expertise, and calm but straight forward approach to me personally and my issue most importantly will NEVER be forgotten. This man, and the entire staff at the Jeffcoat Firm, are an asset to the community needing legal representation at large. There aren’t enough stars to rate what I thought about their professionalism, rapid response, great communication, and their successful defense of me in court. If you’re looking for a fair, honest, pleasant, intelligent, and talented attorney, I urge you to look no further than Taylor Bell and the team at The Jeffcoat Law Firm. They quite literally saved my career and my life!!!

Sara Pariseau

Taylor Bell genuinely cares about your well-being. He will respond to any questions or concerns you may have as quickly as possible. Totally worth it to have him on your side in any court situation. I definitely appreciate his support and directness during the duration of my case. Awesome dude! He should be president.

Tasia S.

The Jeffcoat Firm went above and beyond for my case! The staff and assigned attorney Taylor Bell were not only instrumental in the success of my case, but kept me well-informed of the court process and proceedings throughout the duration [of the case] so that I was cognizant of what was occurring. Their knowledge, talent, and implementation of the law is truly awe-inspiring! I cannot recommend a better firm that will have your overall best interest and well-being not only as a client, but as a person. They genuinely desire seeing [the client] succeed.

Troy Palmer

I was charged with a dui in July 2021. Immediately called the jeffcoat firm, right out the gate they where understanding, compassionate, and extremely friendly, the entire staff! Tayler Bell took my case got it dropped to a reckless driving charge, dui dropped! He gave me his personal cell and would call me keeping me updated on the case. Because I didn’t blow in the breathalyzer that was automatically 6 month license suspension. Even tho the criminal part is over he’s still fighting that. He works for you! Period! Great people, great staff, if you need a lawyer don’t hesitate to call these guys you won’t regret it!

Brendon Cromer

This is by far the greatest team of people to handle your case. They constantly check up on you and your well-being. They are out to do what is best for you. I’d leave 100 starts if I could and recommend them to anyone.

Jason Brown

The Jeffcoat law firm is amazing, very professional and communication is great. Mike Hemlepp Represented me and he was very helpful and answered every question I had. The entire staff from Mr jeffcoat to the ladies that work the front office were very helpful throughout my time using them. If your looking for the best lawyers reach out to the Jeffcoat firm they are the best!

Dylan Dukes

The Jeffcoat Firm helped me in an honest, professional way throughout my time with them. I am appreciative of all of their hard work and dedication to their craft.

Troy Palmer

I was charged with a dui in July 2021. Immediately called the jeffcoat firm, right out the gate they where understanding, compassionate, and extremely friendly, the entire staff! Tayler Bell took my case got it dropped to a reckless driving charge, dui dropped! He gave me his personal cell and would call me keeping me updated on the case. Because I didn’t blow in the breathalyzer that was automatically 6 month license suspension. Even tho the criminal part is over he’s still fighting that. He works for you! Period! Great people, great staff, if you need a lawyer don’t hesitate to call these guys you won’t regret it!

Eve Sparger
I found Jeffcoat firm while searching through The computer looking for someone to represent me. I had had an incident with the South Carolina state board of nursing several years ago and then it reared its ugly head again five years later, this is when I obtain legal advice.

I hired the Jeffcoat firm after meeting with them on a Saturday which I thought was exceptionally nice to meet me and they are based in Columbia South Carolina.
Everything turned out OK and I had no fear that this law firm would get the job done and I certainly would hire them again should the need ever arise.

Pedro Cahua

The JeffCoat Law firm is the go to place to have all your legal needs answered. They’re quick to respond and the whole team are nothing but professionals. Mr. Taylor Bell helped me so much with me case and has the accolades to prove why he is the best lawyer in South Carolina. If I have anymore legal troubles (I hope not) the JeffCoat law firm will be the first number I will call! I highly recommend!

Every case is different. You should not believe your case will get the same result.

Michael Jeffcoat-Jeffcoat Firm founder and attorney

MICHAEL R. JEFFCOAT

PRESIDENT

Michael R. Jeffcoat is a criminal defense attorney in South Carolina with over 2 decades of experience, our aggressive criminal defense legal team can help you with misdemeanor and felony offenses. Mr. Jeffcoat strives to keep all his clients informed at all stages of their case.

Awards &
Associations

Contact Us Today!

FREE CASE EVALUATION:

It's free to speak with us about your case.

Our Locations

The Jeffcoat Firm

1333 Main St #512,
Columbia, SC 29201

803-258-6070

! NOTICE ! No Legal Advice Intended. This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal issues problems.

Michael Jeffcoat, 1333 Main Street, Suite 510 Columbia, SC 29201

Disclaimer | Privacy Policy

Back To Top
Loading...