First Offense DUI in South Carolina

In South Carolina, the correct acronym for drunk driving is DUI (Driving Under the Influence). Under South Carolina DUI laws, drivers younger than 21 who have a blood alcohol concentration (BAC) of 0.02% or higher are considered intoxicated. Regular drivers (21 years or older) with a BAC of 0.08% or higher are considered impaired under the state's DUI laws. Commercial drivers have a lower BAC limit of 0.04% due to the additional responsibility of driving heavy vehicles.

First-time DUI offenses in South Carolina often lead to severe legal, financial, and personal consequences, such as fines, jail time, license suspension, or court-ordered ignition interlock device installation. These penalties demonstrate the state's strong commitment to enforcing traffic laws and maintaining public safety.

What Qualifies as a First DUI in South Carolina?

S.C. Code Ann. 56-5-2933 establishes guidelines for legal impairment in South Carolina. The law considers regular drivers (drivers older than 21 years) with a blood alcohol concentration (BAC) of 0.08% or higher as impaired. The law takes a stricter stance for commercial drivers, applying a blood alcohol limit of 0.04% to individuals operating commercial vehicles. Regardless of whether they are operating a commercial or personal vehicle, the BAC limit applies to all holders of a Commercial Driving License (CDL). Like most U.S. states, South Carolina enforces a zero-tolerance policy for drivers under 21. Drivers in this category may face automatic penalties if their BAC gets to 0.02% or higher.

If law enforcement has probable cause to believe a driver is intoxicated, they can conduct field sobriety tests (FSTs) or test the driver's breath, blood, or urine. Typical FSTs include the Horizontal Gaze Nystagmus Test for observing involuntary eye movements, the Walk-and-Turn Test, which involves walking a straight line from heel to toe, and the One-Leg Stand Test, which involves balancing on one leg for a specific amount of time. Law enforcement may also request that a suspect perform a breathalyzer or blood test to assess blood alcohol concentration and determine impairment.

Possible Penalties for a First Offense DUI in South Carolina

The table below outlines the possible penalties for a first-offense DUI in South Carolina:

Do You Lose Your License for a First DUI in South Carolina?

A first-time DUI offender who records a blood alcohol content (BAC) of 0.15% or higher during a South Carolina traffic stop will have their driver's license immediately suspended by the South Carolina Department of Motor Vehicles (SCDMV) for one month. Upon arrest for a first-time DUI offense, the suspect is issued a Notice of Suspension. This document serves as a temporary driving authorization for 30 days.

Individuals who refuse chemical testing will have their license suspended for six months for a first offense; subsequent refusals will result in increased penalties within ten years.

What Is the Implied Consent Law in South Carolina and How Does It Affect First DUI Cases?

According to South Carolina's implied consent statutes, everyone who operates a vehicle on the state's public highways is assumed to automatically agree to chemical testing (breath, blood, or urine) if lawfully apprehended for driving under the influence.

Law enforcement must follow specific procedures when executing implied consent regulations to ensure that suspects' Fourth Amendment rights are not infringed (through unreasonable searches and seizures). Failure to properly educate a suspect may result in a violation of their constitutional rights and the possibility of legal challenges to test results or fines for refusal.

In South Carolina, a defendant's attorney may argue an implied consent violation in court if there was no probable cause for the DUI stop or if law enforcement failed to read the Implied Consent Notice to the suspect. Chemical testing that exceeds the acceptable duration and errors in breathalyzer calibration or administration are grounds for contesting a DUI conviction.

Refusing to submit to chemical testing under the implied consent statute results in an immediate 90-day suspension of the suspect's driving privileges. If the offender has a prior alcohol-related conviction or has previously been suspended within the last ten years, the suspension time will be extended to 180 days.

When law enforcement has properly advised defendants of the repercussions of their refusals, the prosecution may utilize such chemical testing refusals as evidence. Typically, prosecutors allege that defendants declined to be tested to avoid the consequences of intoxication. Judges may also perceive such refusals as aggravating factors, resulting in harsher sentences.

Is an Ignition Interlock Device Required for a First DUI Offense in South Carolina?

Almost all offenders convicted of driving under the influence in South Carolina are mandated to install ignition Interlock devices. Changes made to the state's IID Rules in 2024, otherwise known as Emma's Law, ensure that offenders with multiple DUI offenses or exceptionally high blood alcohol concentrations at the time of arrest are required to install an IID in their vehicles. These include first-time offenders who recorded a BAC of 0.15% or higher during their arrest, repeat offenders, regardless of BAC level, and suspects who refuse breathalyzer tests.

Offenders who lose a contested hearing or have their suspension upheld at such a hearing must install an IID.

The duration of usage of IID by different categories of offenders is as follows:

• 1st offense DUI: minimum 6 months.
• 2nd offense DUI: minimum of 2 years.
• 3rd offense DUI: minimum of 3 years.
• 4th or subsequent DUI: lifetime requirement.
• Felony DUI with Great Bodily Injury: minimum of 3 years.
• Felony DUI Resulting in Death: minimum of 5 years.

Under South Carolina DUI Laws, the offender is responsible for all costs of installing an IID. These include the installation fees of $100 to $200 charged by IID companies and approximately $100 per month or less for monitoring and maintenance fees.

Can a First DUI Be Dismissed or Reduced in South Carolina?

An experienced DUI attorney may be able to challenge the accuracy of breathalyzers and field sobriety tests as a strategy for dismissing first-time DUI charges. If breathalyzer devices are not correctly calibrated and administered by trained professionals, errors may occur, rendering the results inadmissible in court.

Similarly, due to their subjective nature, an experienced DUI defense attorney may be able to identify errors in field sobriety tests, such as the walk-and-turn or one-leg stand.

Proper Police Procedure and Constitutional Rights

The possibility of an offender's DUI charges being reduced or dismissed may also depend on whether law enforcement followed standard procedures when detaining the defendant. Officers must have probable cause to stop someone's car and undertake sobriety tests.

Evidence obtained during such exercises may be inadmissible in court because it breaches the defendant's constitutional rights.

Plea Bargaining

In some cases, negotiating with the prosecutor may be the most suitable means of reducing DUI charges.

Plea bargaining often involves the defendant pleading guilty to lesser charges, like reckless driving, in return for the prosecutor agreeing to drop the DUI charge in exchange for entering a guilty plea to a lower charge, such as reckless driving.

Plea agreements are typically based on the prosecution's evidence, the defendant's criminal record and past DUI convictions, and the arresting officer's willingness to testify.

DUI Diversion Programs

The DUI Diversion Programs in South Carolina may allow eligible DUI offenders to have their charges against them dismissed. Eligible first-time offenders may have their DUI charges dropped if they complete community service, substance abuse treatment, and educational programs. The offender must, however, have never been convicted of DUI before, and their blood alcohol content (BAC) must have been below a certain threshold at the time of their arrest.

Long-Term Consequences of a First DUI

DUI convictions can lead to a variety of long-term consequences. Some of the long-term repercussions of these records are as follows:

• Civil suits. A DUI that results in someone's death or injury may bring about civil lawsuits, including a lifetime of grief and financial strife.
• Long-term driver's license suspension. A first-time DUI conviction may result in the revocation of a driver's license for up to two years.
• Increased insurance premiums. Insurance companies frequently label someone with a DUI conviction as a high-risk driver. Such classifications eventually result in rates being doubled or quadrupled for years. Insurance companies may even find these DUI offenders too risky and terminate their coverage.
• Flags on background checks. DUI offenses on one's record may attract the attention of potential employers, resulting in disqualification from driving positions. The flag may also be displayed when convicted individuals request housing or financial assistance.
• Negative impact on professional reputation. Even if an offender can keep their job, a DUI on their record may permanently harm their reputation among coworkers.

Do You Need a DUI Attorney in South Carolina?

In South Carolina, engaging an experienced DUI attorney is generally the best approach for a defendant to preserve their rights while minimizing the consequences of their DUI case.

A skilled DUI attorney will begin by investigating the specifics of an offender's arrest to uncover potential defenses. During this review, they raise questions like, "Was the traffic stop conducted legally?" Were the breathalyzer and other tests appropriately performed, or were there errors in the evidence? Suppose the answers to these questions turn out to be primarily negative. In that case, they might provide a basis for arguing for reducing or dismissing the charges.

Hiring a DUI defense attorney is crucial for developing a strong defense, effectively representing the offender in court, communicating with the prosecution, and negotiating on their behalf. Attorneys may negotiate a plea deal that lowers the defendant's penalties or present the defendant's case so that the court rules in their favor. The various stages of a DUI legal proceeding can be confusing for the average defendant. Having an experienced advocate on their side simplifies the procedures and activities involved in their case.