DUI & DWI in South Carolina

Fines and Fees

1st offense – $400 – $1,500

2nd offense – $2,000 – $5,000

3rd offense – $3,800 – $6,300

4th offense – not listed

Insurance

Insurance Increase – $263.20

Total policy increase – $789.60

Ticket Counsel Customers

Speeding 1-10 miles over: 0 – 1 points / $0 – $76

SOUTH CAROLINA DUI/ DWI

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!

Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.

SOUTH CAROLINA DUI/ DWI REGULATIONS

In South Carolina, the Blood Alcohol Content (BAC) limit is set at:

0.08% – for drivers over 21 years of age

0.04%. – for commercial drivers (CDL)

0.02% – for drivers under 21 years of age

Having a license in the state of South Carolina automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being revoked for 1 year. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

SOUTH CAROLINA DUI/ DWI PENALTIES

If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!

If you are over 21 years old:

1st Offense

The first offense is treated as a Class B Misdemeanor.
A minimum of 2 days public service or imprisonment or a maximum of 1 month in jail and a $400 fine.
Your license will be suspended for 6 months.

2nd Offense

The second offense will result in imprisonment for 5 days to 1 year (or a month of public service).
A $2,000 to $5,000 fine.
Your license will be suspended for 1 year.

3rd Offense

The third offense is treated as a felony.
Imprisonment for 2 months to 3 years.
A $3,800 to $6,300 fine.
Your license will be suspended for 2 years.

IF YOU ARE UNDER 21 YEARS OLD:

You lose your license for 3 months, on a 1st offense.
You lose your license for 6 months, if any prior DUI, Felony DUI, or Implied Consent violations have occurred in the last 5 years.
Your license suspended or revoked, if you are convicted under the “minor in possession/other alcohol offenses” law (trying to purchase, possessing or having purchased any intoxicant; or being intoxicated using alcohol, drugs or other intoxicants; or having a BAC higher than 0.02%) while driving.
Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.
Refusing to take an intoxicants test brings license suspension for 6 months, on a 1st offense.

SOUTH CAROLINA PENALTIES FOR COMMERCIAL VEHICLE DRIVERS (CDL)

You will be barred from driving a commercial vehicle for a year, if you are convicted for your BAC being higher than 0.04%. The arresting officer will also issue you an “out-of-service” order valid for 24 hours.
You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.
You must notify your employer within 30 days of receiving a traffic ticket violation.

CERTAIN TRAFFIC VIOLATIONS CARRY THE FOLLOWING FEDERALLY MANDATED PENALTIES:

Major Offenses

The following major offenses carry a license suspension or disqualification for 1 year:

Driving a commercial motor vehicle (CMV) with a BAC of 0.04%.
Refusing a sobriety test.
Leaving an accident scene.
Committing a felony with the vehicle.
Driving a CMV with a suspended, revoked, or canceled CDL.
Negligent driving resulting in fatality.

Serious Offenses

Speeding 15 miles or more over the limit.
Driving recklessly.
Changing lanes improperly.
Following too closely behind another vehicle.
Driving a CMV without having a CDL.
Driving a CMV without having your CDL in your possession.
Driving a CMV without the proper CDL endorsement.
Violating a state law of texting while driving.

If you’re convicted of a:

2nd offense within 3 years, you’ll lose your license for 60 days.
3rd offense within 3 years, you’ll lose your license for 120 days.

The FMCSA’s Rules and Regulations fully outline CDL driver penalties.

SOUTH CAROLINA ADMINISTRATIVE ACTIONS AGAINST DUI/DWI

South Carolina laws have administrative implications in addition to the criminal laws against DUI/DWI. You have 30 days to request a hearing against the Administrative License Revocation (ALR). If the suspension is overturned, the license will be restored immediately. If the appeal is rejected, the suspension will go into effect and you will have to undergo an Alcohol and Drug Safety Action Program (ADSAP) before reinstatement. Once enrolled in the program, first time (in 10 years) DUI offenders are usually eligible for a provisional license for the rest of their suspension period. Subsequent offenders may be granted restricted driving privileges at the discretion of the DMV.

SOUTH CAROLINA LICENSE REINSTATEMENT for DUI/ DWI SUSPENSION & REVOCATION

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you may need to apply for a reinstatement of your license with the DMV, once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

To complete the reinstatement requirements, you must prove that you have successfully completed the Alcohol and Drug Safety Action Program (ADSAP) or a comparable program (the agency will send the proof to the Driver License Bureau once you have completed the program). The fee for the course is $500 and it could take up to 1 year to complete. If you require treatment for addiction that will be an additional $2,000. You will also have to pay the reinstatement fee of $100, and maintain proof of financial responsibility by filing SR-22, if required.
If you are being convicted for DUI, the court may order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive.
You can mail the reinstatement application and fees to:

Post Office Box 1498

Blythewood, South Carolina 29016

Call the DMV Call Center at (803) 896-5000 (Monday through Friday, 8:30 AM to 5:00 PM) for any questions.