South Carolina DUI/DWI Laws: Penalties, Court Process, and Records

DUI (Driving Under the Influence) is a serious offense in South Carolina. People often mix the term with DWI, although DUI is the official term. The state places great attention on individuals or drivers caught in the act. They create laws with strict penalties for impaired driving, which include mandatory license suspensions, fines, jail time, and escalating consequences for repeat offenders.

What Is a DUI in South Carolina?

Under Section 56-5-2930 of the South Carolina Code of Laws, DUI occurs when a person drives a motor vehicle under the influence of alcohol, drugs, or a combination. The influence of these substances usually impairs the decisions of the drivers.

The law checks for the blood alcohol concentration (BAC) level in the driver’s blood. If the driver has a BAC of 0.08 percent or higher, they will be arrested for a DUI offense. Along with other evidence, the law may consider a BAC level between 0.05 percent and 0.08 percent to infer that an individual is visibly impaired. Individuals or drivers who are caught with a 0.02% BAC would also be arrested and charged with DUI offenses.

DUI Penalties in South Carolina

Individuals may face multiple penalties for DUI offenses, depending on their BAC levels and prior offenses. They may receive penalties such as:

• First DUI Offense (Misdemeanor):
  • When BAC is less than 0.10%: Fine of $400 or 48 hours to 30 days in jail
  • When BAC is between 0.10% and 0.15%: Fine $500 or 72 hours to 30 days in jail
  • When BAC is greater than 0.16%: Fine $1,000 or 30–90 days in jail
  • License suspension for 6 months
  • Mandatory Alcohol and Drug Safety Action Program (ADSAP)
• Second DUI Offense (Misdemeanor):
  • When BAC is less than 0.10%: Jail time of 5 days to 1 year, fine $2,100–$5,100
  • When BAC is greater than 0.10%: Higher minimum jail time and payment of fines
  • License suspension for one year
  • The law requires an IID (ignition interlock device) for reinstatement
• Third DUI Offense (Misdemeanor/Felony depending on circumstances):
  • Jail from 60 days to 3 years
  • Fine $3,800–$6,300
  • License suspension for 2 years (4 years if third offense within 5 years)
  • IID requirement
• Fourth or Subsequent DUI (Felony):
  • Jail from 1 to 5 years
  • Permanent license revocation

When a DUI offense leads to Injury or causes the death of a victim, it may result in additional prison sentences and hefty fines. The state uses a 10-year look-back period for repeat DUI convictions.

DUI Arrest and Court Process in South Carolina

Here is what typically happens to an individual after a DUI arrest in South Carolina:

• Arrestand Booking– The law enforcement officers may stop a driver for a field sobriety test and several chemical tests. They may take the driver to a detention facility for booking and charging with a DUI offense. If the drivers refuse to submit to BAC testing, they may face an automatic 90-day suspension under South Carolina’s implied consent law.
• Administrative License Suspension – The South Carolina Department of Motor Vehicles (SCDMV) imposes suspensions on an individual’s driving privileges. The individual may request an administrative hearing with the State Office of Motor Vehicle Hearings to contest suspensions within 30 days of an arrest.
• Arraignment – The accused, informed of charges, may have a bond hearing or enter a plea.
• Pre-Trial Hearings – The defense may challenge test results, the officer’s conduct, or any probable cause for the DUI case.
• Trial – If no plea agreement is reached, the case proceeds to trial.
• Sentencing – If convicted, penalties may include jail time, fines, license suspension, an IID, and a treatment program like the Alcohol and Drug Safety Action Program.

How to Search for DUI Records in South Carolina

When individuals request records containing DUI convictions, they may find BAC results, conviction status, penalties, and license restriction information. In South Carolina, DUI records are public, and individuals may find them through multiple agencies, including:

• South Carolina Judicial Branch Public Index: An online case search system for DUI cases by county.
• South Carolina Department of Motor Vehicles (SCDMV): They compile all official driving records, including DUI convictions, suspensions, and IID requirements for all drivers. SCDMV provides online access, and drivers may even request their own records by submitting a completed Request for Driver Information Form.
• ClerkofCourtOffices: Every county has a court clerk who maintains court records, including DUI convictions. Individuals may visit their offices to view the records or request certified copies of DUI case files.
• South Carolina Law Enforcement Division (SLED): They have an SLED Catch System where members of the public may access statewide criminal history checks, including DUI records.
• Third-Party Background Check Services: So many agencies and organization allows concerned citizens of South Carolina to access DUI convictions. These are often located in background checks, and though they are fast, sometimes it is not reliable.

How Long Does a DUI Stay on Your Record in South Carolina?

The length of a DUI record in South Carolina depends on the type of record. For instance, in cases involving:

• Criminal Record: A DUI conviction stays forever on an individual's criminal record. The state does not allow expungement of DUI convictions, even for first-time offenders.
• Driving Record: DUI convictions remain on a South Carolina driving record for up to 10 years.
• Insurance and Employment: A DUI conviction has adverse effects on an individual’s insurance premiums and may affect their job opportunities.

South Carolina enforces strict DUI laws with severe penalties, which are based on BAC and prior convictions. The state adopts DUI as the official term, though DWI is widely used in some cases. The public may access DUI records in the state through the judicial system and DMV. Although some traffic offenses may be expunged from the system, DUI convictions remain permanent. So drivers, employers, researchers, and individuals must fully grasp the extent of South Carolina’s DUI laws and procedures.