DUI CONVICTION AND PENALTIES IN SOUTH CAROLINA

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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.

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.
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  • Implied consent
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  • DUI Conviction
  • Arrested for DUI
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