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Delaware DUI Law Information

Delaware drivers convicted of DUI face severe penalties.

South Carolina DUI Law Information

Drivers arrested for driving under the influence of alcohol or drugs (DUI) in South Carolina may be charged with DUI and face jail time, fines, and a driver’s license suspension.

South Carolina DUI defined 

“It is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired, under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired, or under the combined influence of alcohol and any other drug or drugs or substances which cause impairment to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired.” Section 56-5-2930.

South Carolina Look Back or washout period: 10 years

If a driver is convicted of a second, third or fourth DUI in less than 10 years from the date of the previous DUI arrest their penalties and fines may be enhanced.

Criminal DUI Penalties in South Carolina

First DUI Offense
(Misdemeanor)
BAC less than 0.10%

  • Fines up to $400
  • At least 48 hours in jail up to 30 days
  • 48 hour minimum may be served with public service
  • License suspension for six months

BAC of 0.10 - .16%

  • Fines up to $500
  • At least 72 hours in jail up to 30 days
  • 72 hour minimum may be served with public service
  • License suspension for six months

Second DUI Offense
(Misdemeanor)
BAC less than 0.10%

  • Fines of $2,100 up to $5,100
  • Five days up to one year in jail
  • License suspension for one year

BAC of 0.10 - .16%

  • Fines of $2,500 up to $5,500
  • At least 30 days to two years in jail
  • License suspension for one year

Third DUI Offense
(Misdemeanor)
BAC less than 0.10%

  • Fines of $3,800 to $6,300
  • Sixty days to three years in jail
  • License suspension for 2 years
  • If third offense occurs within five years of previous DUI license suspension is for four years.

BAC of 0.10 - .16%

  • Fines of $5,000 up to $7,500
  • Ninety days to four years in jail
  • License suspension for 2 years
  • If third offense occurs within five years of previous DUI license suspension is for four years.

Fourth DUI Offense
(Felony)
BAC less than 0.10%

  • High fines
  • One to five years incarceration
  • Permanent license revocation

BAC of 0.10 - .16%

  • High Fines
  • Two to six years incarceration
  • Permanent license revocation

Administrative Penalties in South Carolina

Drivers in South Carolina have given their implied consent to submit to a chemical test if they have been arrested for DUI. Failure to consent to the required testing may result in administrative penalties which are imposed regardless of whether the driver is ultimately convicted of DUI.

Drivers who refuse a chemical test or who take the test and have a BAC over the legal limit have 30 days from the date of their Notice of Suspension to challenge the DUI administrative license. Challenges can be made by contacting the South Carolina Department of Motor Vehicles (DMV). Failure to request a hearing will result in an automatic license suspension.

Penalties for refusing the chemical test after a DUI arrest:

Refusing to blow will result in the suspension of your license for a period of 6 to 15 months, depending on the number of prior DUI convictions within the past 10 years. 

Other Administrative requirements in South Carolina

Drivers will have to complete several requirements to reinstate their license after a DUI suspension. Specifically, they will have to have a valid driver’s license, complete an Alcohol and Drug Safety Action Program, get SR-22 insurance and file it with the DMV, pay the reinstatement fee, and have no other suspensions.

(Read more: - state laws )





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