DUI Laws in South Carolina

Laws and penalties for DUI in South Carolina.

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In South Carolina, you can get a DUI if you drive with a blood alcohol concentration (BAC) of 0.08% or higher, regardless of whether your driving ability was actually impaired. And the law in South Carolina says that if you are driving a vehicle, you have given consent to submit to a chemical test for the purpose of determining the amount of alcohol in your blood. Here are some details on the consequences of refusing to take a chemical test in South Carolina and other details about South Carolina DUI law.

In South Carolina, what are the consequences of refusing to take a chemical test (usually a breathalyzer or blood test) when suspected of DUI?

Here are the consequences for not taking a breathalyzer or blood test in South Carolina, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

6 month license suspension

9 month license suspension

9 month license suspension

 

In South Carolina, when do police have to measure your blood alcohol content (BAC)?

In South Carolina, law enforcement officers are supposed to measure your BAC at the time of driving. However, prosecutors may be able to prove your culpability for DUI even if your BAC is taken later than this time.

What is the maximum BAC for drivers under 21 in South Carolina?

In South Carolina, the maximum blood alcohol content (BAC) for drivers who are under 21 (considered minors under some drinking and driving laws) is .02%.

 

What are the minimum jail times for a DUI in South Carolina?

Here are the minimum jail times for a DUI in South Carolina, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

No required minimum jail term

5 days jail

60 days jail

 

How long will prior DUI convictions remain relevant for sentencing purposes in South Carolina?

In South Carolina, prior DUI convictions stay on your record (and can be counted against you when you are being sentenced for another DUI/DWI offense) for 10 years.

Can a DUI be “pleaded down” to a "wet reckless" in South Carolina?

No, a plea bargain for a conviction of "wet reckless" (reckless driving involving alcohol) is barred by statute in your state.

If you are interested in contacting a lawyer, you can find a DUI lawyer in your area in Nolo's Lawyer Directory.

Are ignition interlock devices (IIDs) required for convicted DUI offenders in South Carolina?

Yes, for second and subsequent offenses. Period of use: 2 years for second offense; 3 years for third offense.

Where can I get more information about DUI laws in South Carolina?

Nolo's DUI/DWI topic has many helpful articles, including a Drunk Driving, DUI, and DWI FAQ. For more help after a DUI arrest, see Nolo's Lawyer Directory, where you can view in-depth profiles of South Carolina DUI attorneys in your area.

Last updated on 09/01/2010.

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