DUI / DUAC Penalties

• DUI/DUAC Penalties

South Carolina law uses a graduating scale for penalties when it comes to DUIs. Aside from possible jail time and fines, a convicted driver will face a license suspension, be required to enroll in and complete an Alcohol and Drug Safety Action Program (ADSAP), and will be required to carry SR-22 insurance.

First Offense DUI Penalties

For a first offense DUI conviction where the driver refused to provide a breath and/or blood or urine sample or did provide a sample and the results were .08 but less than .10, the penalty is 48 hours to 30 days in jail and/or a $400 fine and court costs.

If the driver gives a sample that is .10 or above but below.16, the penalty is seventy-two (72) hours to thirty (30) days in jail and/or a $500 fine and court costs. The driver will also be required to have an ignition interlock installed in their vehicle for three (3) months.

If the driver gives a sample that is .16 or above, the penalty ranges from thirty (30) days to ninety (90) days in jail and/or $1,000 fine. The driver will also be required to have an ignition interlock installed in their vehicle for at least six (6) months.

As stated earlier, all drivers convicted of any DUI will be required to enroll in and complete ADSAP and carry SR-22 insurance.

Second Offense DUI Penalties

The fines and jail time are increased for drivers convicted of another DUI within a ten (10) year span of a previous conviction for DUI.

For a second offense DUI conviction where the driver refused to provide a breath and/or blood or urine sample or did provide a sample and the results were .08 but less than .10, the penalty is a mandatory five (5) days to one (1) year in jail and a fine of $2,100 to $5,100 and court costs. The driver will also be required to have an ignition interlock installed in their vehicle for two (2) years.

If the driver gives a sample that is .10 or above but below.16, the penalty is thirty (30) days to two (2) years in jail and a fine of $2,500 to $5,500 and court costs. The driver will also be required to have an ignition interlock installed in their vehicle for two (2) years.

If the driver gives a sample that is .16 or above, the penalty ranges from 90 days to three (3) years in jail and a fine of $3,500 to $6,500. The driver will also be required to have an ignition interlock installed in their vehicle for at least two (2) years.

Third Offense DUI Penalties

The penalties for DUI are enhanced for drivers who are convicted of a third DUI within a ten (10) year period of their previous two DUIs.

For a third offense DUI conviction where the driver refused to provide a breath and/or blood or urine sample or did provide a sample and the results were .08 but less than .10, the penalty is a mandatory sixty (60) days to three (3) years in jail and a fine of $3,800 to $6,300 and court costs. The driver will also be required to have an ignition interlock installed in their vehicle for at least three (3) years.

If the driver gives a sample that is .10 or above but below.16, the penalty is ninety (90) days to four (4) years in jail and a fine of $5,000 to $7,500 and court costs. The driver will also be required to have an ignition interlock installed in their vehicle for at least three (3) years.

If the driver gives a sample that is .16 or above, the penalty ranges from six (6) months to five (5) years in jail and a fine of $7,500 to $10,000. The driver will also be required to have an ignition interlock installed in their vehicle for at least three (3) years.

Fourth and Subsequent DUI Penalties

The penalties for DUI are enhanced for drivers who are convicted of a fourth or subsequent DUI within a ten (10) year period of their previous DUIs.

For a fourth or subsequent offense DUI conviction where the driver refused to provide a breath and/or blood or urine sample or did provide a sample and the results were .08 but less than .10, the penalty is a mandatory one (1) year to five (5) years in jail. The driver will also be required to have an ignition interlock installed in their vehicle for life.

If the driver gives a sample that is .10 or above but below.16, the penalty is two (2) years to six (6) years in jail. The driver will also be required to have an ignition interlock installed in their vehicle for life.

If the driver gives a sample that is .16 or above, the penalty ranges from three (3) years to seven (7) years in jail. The driver will also be required to have an ignition interlock installed in their vehicle for life.

As you can see, a DUI carries serious consequences. It is also important to know that a DUI or DUAC conviction cannot be expunged from your record. Additionally, PTI (pretrial intervention) is not an option. If your license is suspended for an Implied Consent violation (either you blew .15 or greater or you refused to provide a breath sample), it is important to consult with an experienced DUI lawyer within 30 days of being charged. Additionally, if you have been charged with a DUI 2nd offense or subsequent, it is important to consult with an experienced DUI lawyer within 10 days of your arrest. You may lose important rights by waiting too long to hire a lawyer. Give us a call at your earliest convenience (864) 271-3535.