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Most important SC DUI laws

Important laws in south carolina

Driving under the influence (DUI) is a serious offense with significant legal and personal consequences. Understanding South Carolina DUI laws is essential for ensuring your safety and compliance with state regulations. At Smith Jordan Law, our Greenville criminal defense attorneys are dedicated to providing clear and comprehensive information to help you navigate the complexities of DUI laws. Here, we outline the most important South Carolina DUI laws.

Legal blood alcohol concentration (BAC) limits

In South Carolina, the legal BAC limit for drivers aged 21 and over is 0.08%. Exceeding this limit can result in a DUI charge. The BAC limit is stricter for commercial drivers, set at 0.04%. Drivers under 21 are subject to a zero-tolerance policy, with a BAC limit of 0.02% (South Carolina Code of Laws Section 56-5-2933).

Implied consent law

South Carolina’s implied consent law mandates that drivers automatically consent to chemical tests (breath, blood, or urine) to determine their BAC if suspected of DUI. Refusing to submit to these tests can result in an automatic suspension of your driver’s license for six months for the first offense and longer for subsequent offenses (South Carolina Code of Laws Section 56-5-2950).

DUI penalties

First offense

A first-time DUI offense in South Carolina carries significant penalties, including:

  • Fines – $400 to $1,000.
  • Jail time – 48 hours to 30 days. A judge may allow community service instead of jail time.
  • License suspension – Six months.

Second offense

For a second DUI offense, the penalties increase:

  • Fines – $2,100 to $5,100.
  • Jail time – Five days to one year.
  • License suspension – One year.
  • Mandatory installation of Ignition Interlock Device (IID) – Required during the suspension period (South Carolina Code of Laws Section 56-5-2941).

Third offense

A third DUI offense results in even harsher consequences:

  • Fines – $3,800 to $6,300.
  • Jail time – 60 days to three years.
  • License suspension – Two years.
  • Mandatory IID installation – Required during the suspension period.

Fourth and subsequent offenses

A fourth DUI offense is classified as a felony and includes:

  • Fines – Determined by the court.
  • Jail time – One to five years.
  • Permanent revocation of driver’s license – No possibility of reinstatement.

Felony DUI

Serious injury or death

If a DUI results in serious bodily injury or death, the driver can be charged with a felony DUI. Penalties include:

  • Fines – $5,100 to $10,100 for serious injury; up to $25,100 for death.
  • Jail time – 30 days to 15 years for serious injury; one to 25 years for death.
  • License suspension – Additional time beyond other penalties.

Ignition interlock device (IID)

Mandatory installation

South Carolina requires the installation of an IID for certain DUI offenders. The IID prevents the vehicle from starting if it detects alcohol on the driver’s breath. Offenders must bear the cost of installation and maintenance. The duration of IID use depends on the number of offenses and BAC level at the time of arrest (South Carolina Code of Laws Section 56-5-2941).

DUI and underage drivers

Zero tolerance policy

South Carolina enforces a zero-tolerance policy for drivers under 21. If an underage driver is found with a BAC of 0.02% or higher, they face:

  • License suspension – Three months for the first offense and six months for subsequent offenses.
  • Mandatory Alcohol and Drug Safety Action Program (ADSAP) – Required to reinstate driving privileges.

DUI checkpoints

Legality and procedures

DUI checkpoints are legal in South Carolina. Law enforcement must follow specific procedures to ensure the legality of these checkpoints, including:

  • Public notification – Informing the public in advance.
  • Neutral formula – Using a predetermined method for stopping vehicles.
  • Visible signs – Clear indication of the checkpoint.

Failure to adhere to these procedures can lead to a DUI charge being dismissed.

How Smith Jordan Law can help

Honest legal advice

Our experienced attorneys at Smith Jordan Law provide legal advice tailored to your situation. We help you understand the complexities of South Carolina DUI laws and your legal options.

Comprehensive case management

We manage every aspect of your case, from gathering evidence and negotiating with prosecutors to representing you in court. Our goal is to ensure the best possible outcome for your case.

Dedicated support

Our team is committed to supporting you through every step of the legal process. We fight to protect your rights and minimize the impact of a DUI charge on your life.

Arrested for DUI in Greenville? Call us today.

Understanding South Carolina DUI laws is crucial for ensuring safety and compliance with state regulations. From BAC limits and implied consent laws to the penalties for multiple offenses and underage DUI, knowing the legal landscape can help you make informed decisions.

At Smith Jordan Law, we are dedicated to providing the guidance and representation you need if you’re facing a DUI charge. Contact us today for legal support and to protect your rights.

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