South Carolina DUI Laws
Last reviewed July 2026 · 12 primary sources · How we research and review these pages
Reviewed by the LegalLimit editorial team →
Standard BAC limit
0.08%
Commercial driver BAC
0.04%
Under-21 BAC
0.02%
Prior-offense lookback
10-year window
South Carolina prosecutes impaired driving two ways: DUI (§56-5-2930), which requires proof that the driver's faculties were 'materially and appreciably impaired,' and DUAC (§56-5-2933), a per se charge for a 0.08%+ breath or blood result. The two carry identical penalties and cannot both be charged for the same incident. Penalties climb with BAC — the statute sets separate, higher fines and jail terms at 0.10%+ and 0.16%+ at every offense level — and a fourth or subsequent offense within 10 years is a felony. Since the 'All-Offender' interlock law took effect May 19, 2024, an ignition interlock device is required after every alcohol DUI/DUAC conviction, including a first offense, for 6 months (first), 2 years (second), 3 years (third; 4 years if within 5 years of the first), or life (fourth or subsequent) (§56-5-2990); the older provisional-license route is gone. South Carolina also requires the arrest and breath test to be video recorded (§56-5-2953), and every conviction requires completion of an Alcohol and Drug Safety Action Program (ADSAP). As of July 2026, a bill (S.52, 2025-2026 session) that has passed the Senate and is pending in the House would, if enacted, allow a fine and a jail term together, add a DUI victim-impact panel requirement, and require an interlock device while a refusal case is pending; this page reflects current law until any such change takes effect.
South Carolina DUI penalties by offense tier
| Offense tier | Fine | Jail | License action | Ignition interlock |
|---|---|---|---|---|
| First offense (within 10 years) | $400–$1,000 (The $1,000 figure is the 0.16%+ band; the fine for a first offense may not be suspended.) | 2 days–3 months (48-hour mandatory minimum at the base band; 48 hours of public service may be substituted.; The 30-to-90-day term is the 0.16%+ band.) | Suspended for 6 months — On conviction the license is suspended; the driver ends the suspension by enrolling in the Ignition Interlock Device Program and driving on an IID-restricted license for 6 months (§56-5-2990(A)(2)). No provisional license is available. A separate administrative suspension may already apply for a pre-conviction test refusal or a 0.15%+ result (§56-5-2951). | Required (6 months–6 months) |
| Second offense (within 10 years) | $2,100–$6,500 (Base band ($2,100-$5,100). The fine may not be suspended below $1,100.; The $3,500-$6,500 range is the 0.16%+ band.) | 5 days–3 years (Base band (5 days-1 year).; The 90-day-to-3-year term is the 0.16%+ band. Mandatory minimums may not be suspended (§56-5-2930(B)).) | Suspended for 2 years — Suspended on conviction and served as an IID-restricted license for 2 years (§56-5-2990(A)(3)). A separate administrative suspension may apply for a refusal or 0.15%+ result (§56-5-2951). | Required (2 years–2 years) |
| Third or subsequent offense (within 10 years) | $3,800–$10,000 (Third-offense base band ($3,800-$6,300).; The $7,500-$10,000 range is the third-offense 0.16%+ band. A fourth or subsequent offense carries imprisonment only — the statute sets no fine for it (§56-5-2930(A)(4)).) | 2 months–7 years (Third-offense base band (60 days-3 years).; The 3-to-7-year term is the fourth-or-subsequent, 0.16%+ ceiling (a fourth or subsequent offense is a felony); a third offense itself caps at 5 years, and a fourth or subsequent offense carries imprisonment only — no fine (§56-5-2930(A)(3)-(4)).) | Lifetime suspension — Third offense: suspended on conviction and served as an IID-restricted license for 3 years (4 years if the third offense is within 5 years of the first). Fourth or subsequent offense: ignition-interlock restriction for life (§56-5-2990(A)(4)-(5)). This is a lifetime IID-RESTRICTED license — the driver may drive on an interlock device — not a total lifetime revocation. A fourth-or-subsequent/lifetime offender may petition for removal after 5 years (§56-5-2941(J)). | Required (3 years) |
Frequently asked questions
What is the legal BAC limit in South Carolina?
The per se limit is 0.08% (the DUAC offense, §56-5-2933). You can also be convicted of DUI on proof of impairment even below 0.08% (§56-5-2930). The limit is 0.04% for commercial drivers (§56-1-2130) and 0.02% for drivers under 21 (§56-1-286).
What is the difference between DUI and DUAC?
DUI (§56-5-2930) is driving while your faculties are materially and appreciably impaired — the State does not have to prove a specific number. DUAC (§56-5-2933) is driving with a measured alcohol concentration of 0.08% or more. They carry identical penalties, and you cannot be convicted of both for the same incident.
What are the penalties for a first DUI in South Carolina?
A first offense ranges by BAC: at 0.08%-<0.10% it is a $400 fine or 48 hours to 30 days; at 0.10%-<0.16% it is $500 or 72 hours to 30 days; at 0.16%+ it is $1,000 or 30 to 90 days (§56-5-2930(A)(1)). Since May 19, 2024, an ignition interlock device is required for 6 months even on a first offense, and ADSAP enrollment is mandatory.
What are the penalties for a second DUI?
A second offense within 10 years ranges from $2,100-$5,100 plus 5 days to 1 year (0.08%-<0.10%) up to $3,500-$6,500 plus 90 days to 3 years (0.16%+) (§56-5-2930(A)(2)). The fine cannot be suspended below $1,100, and an ignition interlock device is required for 2 years (§56-5-2990).
Is a DUI a felony in South Carolina?
A fourth or subsequent DUI/DUAC within 10 years is a felony, carrying 1 to 5 years (up to 3 to 7 years at 0.16%+) with a lifetime interlock requirement (§56-5-2930(A)(4), §56-5-2990). Separately, a DUI that causes great bodily injury or death is always a felony under §56-5-2945.
How does my BAC level change the penalty?
South Carolina sets three penalty bands at every offense level — 0.08%-<0.10%, 0.10%-<0.16%, and 0.16%+ — with higher fines and longer jail terms as BAC rises (§56-5-2930(A)). Separately, taking the test and blowing 0.15% or more triggers an administrative suspension and the interlock requirement (§56-5-2951).
How long do prior DUIs count against me in South Carolina?
Prior DUI or DUAC convictions count for 10 years when determining whether an offense is a first, second, third, or fourth (§56-5-2930(D), §56-5-2990(A)(6)). One narrower rule: a third offense carries a 4-year interlock (instead of 3) if it happens within 5 years of the first.
Do I need an ignition interlock device for a first DUI?
Yes. Since the All-Offender law took effect May 19, 2024, an ignition interlock device is required after every alcohol DUI or DUAC conviction (§56-5-2941, §56-5-2990) — 6 months for a first offense, 2 years for a second, 3 years for a third (4 if within 5 years of the first), and life for a fourth or subsequent. The only exception is a drug-only case where the breath test read 0.00.
Will my license be suspended for a DUI in South Carolina?
Yes. On conviction your license is suspended, and you end the suspension by enrolling in the Ignition Interlock Device Program and driving on an interlock-restricted license for the required period (§56-5-2990). A separate administrative suspension can also apply before conviction if you refuse the test or blow 0.15%+ (§56-5-2951).
What happens if I refuse the breath test in South Carolina?
Under implied consent (§56-5-2950), refusing triggers an administrative license suspension of 6 months for a first refusal (longer for repeat offenders), and the refusal can be used against you at trial. You can enroll in the interlock program to drive, or get a temporary alcohol license and request a contested-case hearing within 30 days (§56-5-2951).
What is felony DUI causing injury or death in South Carolina?
Under §56-5-2945, a DUI that proximately causes great bodily injury carries a mandatory $5,100-$10,100 fine and 30 days to 15 years; when death results it is a mandatory $10,100-$25,100 fine and 1 to 25 years. These mandatory sentences cannot be suspended, and interlock is required for 3 years (injury) or 5 years (death) after release.
Does a South Carolina DUI arrest have to be video recorded?
Yes. Section 56-5-2953 requires the conduct at the incident site and at the breath-test site to be video recorded. A missing recording is not by itself grounds for dismissal if the officer files a sworn affidavit explaining an equipment failure or other permitted reason, but the requirement is a real and distinctive part of South Carolina DUI defense.
What are the rules for drivers under 21 in South Carolina?
Drivers under 21 face a 0.02% limit (§56-1-286). A result of 0.02%+ brings an administrative license suspension (3 months, or 6 months with a prior), and a refusal brings a 6-month suspension; the driver can enroll in the interlock program to drive and must complete ADSAP.
Sources
- S.C. Act No. 55 of 2023 (S.36) — All-Offender ignition interlock (South Carolina General Assembly) — Accessed July 3, 2026
- S.C. Code Ann. § 56-1-2130 — Commercial motor vehicle; implied consent and 0.04% disqualification (South Carolina Legislature) — Accessed July 3, 2026
- S.C. Code Ann. § 56-1-286 — Under-21 suspension (0.02%+) (South Carolina Legislature) — Accessed July 3, 2026
- S.C. Code Ann. § 56-5-2930 — Driving under the influence; penalties; ADSAP (South Carolina Legislature) — Accessed July 3, 2026
- S.C. Code Ann. § 56-5-2933 — Driving with an unlawful alcohol concentration (DUAC) (South Carolina Legislature) — Accessed July 3, 2026
- S.C. Code Ann. § 56-5-2941 — Ignition interlock device (South Carolina Legislature) — Accessed July 3, 2026
- S.C. Code Ann. § 56-5-2945 — Felony DUI; great bodily injury or death (South Carolina Legislature) — Accessed July 3, 2026
- S.C. Code Ann. § 56-5-2947 — Child endangerment (South Carolina Legislature) — Accessed July 3, 2026
- S.C. Code Ann. § 56-5-2950 — Implied consent; testing; inference of DUI (South Carolina Legislature) — Accessed July 3, 2026
- S.C. Code Ann. § 56-5-2951 — Administrative suspension for refusal or 0.15%+; temporary alcohol license (South Carolina Legislature) — Accessed July 3, 2026
- S.C. Code Ann. § 56-5-2953 — Incident-site and breath-test-site video recording (South Carolina Legislature) — Accessed July 3, 2026
- S.C. Code Ann. § 56-5-2990 — License suspension on conviction; interlock durations; ADSAP (South Carolina Legislature) — Accessed July 3, 2026