DUI Penalties Chart

With our years of combined experience with helping those charged with DUI / DUAC and implied consent offenses in Spartanburg, Greenville and elsewhere in Upstate South Carolina, the criminal defense lawyers of Harrison, White, Smith & Coggins, P.C., know how to protect your rights and your best interests.

We have provided below a chart that outlines the potential consequences that one faces if convicted of these offenses. To learn more, contact us by phone or through our online form.

SOUTH CAROLINA DUI / DUAC / IMPLIED CONSENT PENALTIES

This is a list of possible penalties you face if you are an adult convicted of the following offenses. Punishment levels are based on blood alcohol content (BAC) and number of prior convictions within the previous 10 years. (All convictions carry the requirement of undergoing an alcohol / drug assessment and following any recommended treatment.)

IMPLIED CONSENT (length of license suspension)

First offense: 6 months if refusal, 1 month if BAC .15 or above
Second offense: 9 months if refusal, 2 months if BAC .15 or above
Third offense: 12 months if refusal, 3 months if BAC .15 or above
Fourth offense: 15 months if refusal, 4 months if BAC .15 or above

Driving Under Influence (DUI) / Driving with Unlawful Alcohol Concentration (DUAC)

First Offense

BAC of .10 or less

Fine: $400, or
Jail: 48 hours minimum, 30 days maximum (48-hour minimum may be served through public service)
License suspension: 6 months minimum

BAC of .10 to .16

Fine: $500, or
Jail: 72 hours minimum, 30 days maximum (48-hour minimum may be served through public service)
License suspension: 6 months minimum

BAC of .16 or above

Fine: $1,000, or
Jail: 30 days minimum, 90 days maximum (30-day minimum may be served as public service)
License suspension: 6 months minimum

Second Offense

BAC of .10 or less

Fine: $2,100 to $5,100 (may be suspended to $1,100 minimum), and
Jail: 5 days minimum, 1 year maximum (5-day minimum may be served through public service)
License suspension: 1 year minimum

BAC of .10 to .16

Fine: $2,500 to $5,500 (may be suspended to $1,100 minimum), and
Jail: 30 days minimum, 2 years maximum (30-day minimum may be served through public service)
License suspension: 1 year minimum

BAC of .16 or above

Fine: $3,500 to $6,500 (may be suspended to $1,100 minimum), and
Jail: 90 days minimum, 3 years maximum (90-day minimum may be served through public service)
License suspension: 1 year minimum

Third Offense

BAC of .10 or less

Fine: $3,800 to $6,300, and
Jail: 60 days minimum, 3 years maximum
License suspension: 2 years minimum (4 years if convicted within 5 years of first conviction)

BAC of .10 to .16

Fine: $5,000 to $7,500, and
Jail: 90 days minimum, 4 years maximum
License suspension: 2 years minimum (4 years if convicted within 5 years of first conviction)

BAC of .16 or above

Fine: $7,500 to $10,000, and
Jail: 6 months minimum, 5 years maximum
License suspension: 2 years minimum (4 years if convicted within 5 years of first conviction)

Fourth (or More) Offense (Felony DUI)

BAC of .10 or less

Jail: 1 year minimum, 5 years maximum
License suspension: Permanent revocation

BAC of .10 to .16

Jail: 2 years minimum, 6 years maximum
License suspension: Permanent revocation

BAC of .16 or above

Jail: 3 years minimum, 7 years maximum
License suspension: Permanent revocation

Sources / More Information

Title 56, Motor Vehicles (Chapter 5, Uniform Act Regulating Traffic on Highways), South Carolina Legislature