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South Carolina DUI Laws

DUI Defense in South Carolina

Statutes, Penalties, and Defense Strategies

What you are facing, the deadlines that bind you, and the questions an attorney needs to answer — under South Carolina (SC) DUI law.

BAC Limit

0.08

Enhanced BAC

0.15

Higher penalties above this

Lookback Period

10 years

Prior offenses count within

⚠

30 days-Day DMV Hearing Deadline

South Carolina gives you 30 days days from the arrest to ask for a DMV hearing. This is the

administrative hearing

Plain language

A DMV review of the license suspension — separate from the criminal court case, with its own paperwork and deadline.

that decides the license suspension. Miss the deadline and the suspension starts on its own, even if the criminal case ends in dismissal later.

First Offense Penalties in South Carolina

Jail Time48 hours – 30 days (or 48 hours community service)
Fines$400
License Suspension6 months
Ignition Interlock

Plain language

A breath-tester wired into the car ignition. The car will not start without a clean sample.

Required for BAC 0.15+

Implied Consent and Test Refusal

South Carolina has an

implied consent law

Plain language

By driving on the state's roads, you have already agreed to a chemical test if an officer has probable cause to think you are impaired.

like every state. The test can be breath, blood, or urine. Refusing carries its own penalty, listed below.

Refusal Penalty

6-month license suspension

South Carolina-Specific Detail

South Carolina allows a temporary alcohol license (TAL) that permits driving for 30 days after arrest. The Implied Consent hearing must be requested within 30 days.

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26 questions that change how your next attorney meeting goes, a case stage roadmap, red flag checklist, and a case progress scorecard. Instant PDF download — calibrated for South Carolina DUI defendants.

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Other South Carolina defense topics

Facing a different charge in South Carolina? Penalty ranges, enhancements, and defense questions for related crimes:

Drug Possession in South CarolinaAssault in South CarolinaDomestic Violence in South Carolina

Important: This page provides general legal information about South Carolina DUI laws as of the date of publication. Laws change frequently. This is not legal advice. For guidance specific to your case, speaking with a South Carolina-licensed attorney is one option, or take the free Masked Researcher’s First Read to see where your case stands.