Does a DUI in South Carolina give you a criminal record?

The National Highway Traffic Safety Administration (NHTSA) tracks the number of auto accidents each year and releases statistics about the primary causes. According to their data, nearly 32% of all traffic related fatalities involved alcohol. Driving under the influence (DUI) is illegal and anyone with a blood alcohol level (BAC) of .08 or higher may be facing criminal charges. A DUI in South Carolina can result in a misdemeanor or felony conviction, leaving you with a criminal record.

DUI Penalties in the Palmetto State

While most people enjoy the southern hospitality offered by South Carolina residents, the laws are not so forgiving when it comes to dealing with motorist’s caught while driving under the influence of drugs and/or alcohol. The State has an implied consent law which means that any licensed driver must submit to a chemical test (blood, breath or urine) at the request of law enforcement at the time of arrest. If the individual refuses the test, they will have their license suspended for six months. The possible penalties for a DUI in South Carolina are listed in the chart below:

First DUI Offense

Second DUI Offense

Third DUI Within 10 Years

48 hours to 30 days in jail

5 days to 1 year in jail

60 days to 3 years in jail

Fine of $400

Fine of $2,100 to $5,100

Fine of $3,800 to $6,300

Six month license suspension

One year license suspension

Two year license suspension

Complete drug or alcohol treatment program

Complete drug or alcohol treatment program

Complete drug or alcohol treatment program

May be eligible for Alcohol Diversion Program

Two year installation of ignition interlock device

Three year installation of ignition interlock device

New laws went into effect as of February 2009 imposing harsher sentences for offenders who are found with a BAC of .10 or higher. Anyone caught with a BAC of .15 or higher may face enhanced penalties and charged with a felony offense.

When to Retain Legal Counsel

Having a couple of drinks and then getting the behind the wheel could end up costing you your job, family, friends and a whole lot of money. If you injure or kill another person while operating a vehicle under the influence, the District Attorney will most likely pursue felony charges against you. There is no get out of jail free card and it’s time to hire legal help. Lawyers that specialize in DUI defense may be able to work out a plea agreement resulting in less time behind bars and lower penalties.