South Carolina DUI Guide
Last Verified: February 2026
Complete guide to DUI laws, penalties, and procedures in South Carolina.
Major Counties in South Carolina
County-specific courts, impound lots, bail, and local procedures
Greenville County
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Richland County
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Charleston County
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Horry County
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Spartanburg County
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Lexington County
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York County
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Berkeley County
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Anderson County
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Beaufort County
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Other Counties
Request Implied Consent Hearing within 30 days or face automatic suspension
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Understanding DUI in South Carolina
South Carolina takes DUI seriously with mandatory minimum sentences even for first offenses. The state uses a point system and requires completion of the Alcohol and Drug Safety Action Program (ADSAP) for license reinstatement. South Carolina's implied consent laws mean refusing a breath test results in automatic license suspension.
What is DUI in South Carolina?
Under South Carolina Code § 56-5-2930, you commit DUI if you operate a motor vehicle while: (1) under the influence of alcohol to the extent your faculties to drive are materially and appreciably impaired, (2) under the influence of drugs, or (3) with a BAC of 0.08% or higher (per se violation).
South Carolina also has a "lesser included offense" of DUAC (Driving with an Unlawful Alcohol Concentration) which is a per se violation based solely on BAC without requiring proof of impairment.
Legal BAC Limits
The legal BAC limit is 0.08% for drivers 21 and older, 0.04% for commercial drivers, and 0.02% for drivers under 21. South Carolina has enhanced penalties for BAC levels of 0.10%, 0.15%, and 0.16%+ with progressively longer license suspensions.
Implied Consent Law
Under S.C. Code § 56-5-2950, by driving in South Carolina, you automatically consent to chemical testing when arrested for DUI. Refusing the test triggers automatic license suspension for 6 months (first refusal) to 1 year (subsequent refusals).
You have the right to request an administrative hearing within 30 days to challenge the suspension. If you don't request a hearing, the suspension becomes effective 30 days after arrest.
Time-Sensitive Deadlines
- 30 days to request administrative hearing
- 30 days - Temporary alcohol license expires
- ADSAP enrollment required for reinstatement
Alcohol and Drug Safety Action Program (ADSAP)
South Carolina requires all DUI offenders to complete ADSAP as a condition of license reinstatement. The program includes assessment, education, and potentially treatment based on your individual evaluation.
What ADSAP involves:
- Initial assessment and interview
- DUI education classes (12-24 hours depending on offense)
- Possible treatment referral based on assessment results
- Program fees ($500-$2,000 depending on requirements)
Critical: You cannot reinstate your license without completing ADSAP, regardless of how your criminal case is resolved.
Felony DUI in South Carolina
A fourth DUI offense within 10 years is classified as a felony in South Carolina under S.C. Code § 56-5-2940, carrying:
- 1-5 years in prison (mandatory minimum 1 year)
- Permanent license revocation
- Vehicle seizure and forfeiture
- Up to $10,000 in fines
Additionally, DUI resulting in great bodily injury or death is automatically a felony regardless of prior offenses.
DUI Penalties in South Carolina
First Offense
- Jail: 48 hours - 30 days (or 48 hours community service)
- Fine: $400 minimum
- License: 6 months
- IID: May be required to regain license
Second Offense
- Jail: 5 days - 1 year (mandatory 5 days)
- Fine: $2,100 - $5,100
- License: 1 year
- IID: Required
Third Offense
- Jail: 60 days - 3 years (mandatory 60 days)
- Fine: $3,800 - $6,300
- License: 2 years (permanent if 4th)
- IID: Required
Common Questions About South Carolina DUI
Sources & Official Resources
Information on this page is sourced from official state resources. Always verify current laws with official sources or a licensed attorney.
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