What Are the Penalties for First Offense DUI in South Carolina?
Driving under the influence (DUI) is a serious charge in any state, but in South Carolina, the law comes down particularly hard on impaired driving. If you or someone you know is facing a first offense DUI in South Carolina, it’s crucial to understand the legal consequences, long-term impact, and options for defense.
This guide breaks down everything you need to know—from fines and jail time to license suspension and alternative sentencing options.
What Counts as a DUI in South Carolina?
Under South Carolina law (Section 56-5-2930), a person can be charged with DUI if they are operating a motor vehicle while:
- Their ability to drive is materially and appreciably impaired by alcohol and/or drugs,
This means even if your BAC is below the legal limit, you can still be charged if law enforcement believes your faculties are impaired.
A first offense DUI in South Carolina refers to someone who has no prior DUI convictions on their record within the past 10 years.
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If you’re facing a first offense DUI in South Carolina, the penalties you’ll encounter depend heavily on your blood alcohol concentration (BAC) at the time of arrest. South Carolina uses a tiered system to determine the severity of the punishment based on how impaired you were.
BAC Less Than 0.10%
- Fine: $400
- Total Cost with Fees: Approximately $992
- Jail Time: 48 hours to 30 days
- Alternative Option: Judges may allow 48 hours of community service instead of jail time
This is considered the least severe category, but the impact on your record and license is still significant.
- Jail time: 48 hours to 30 days, or
- Public service: Minimum 48 hours (in place of jail)
BAC Between 0.10% and 0.15%
- Fine: $500 (with surcharges, total is about $1,230)
- Jail time: 72 hours to 30 days, or
- Public service: Minimum 72 hours
BAC Greater Than 0.15%
- Fine: $1,000 (with surcharges, approximately $2,262 total)
- Jail time: 30 to 90 days
- No option for public service in place of jail
These penalties are mandatory minimums. Judges are required to enforce at least the minimums, though they may offer alternative sentencing depending on the case details.
Driver’s License Suspension
One of the most immediate consequences of a first offense DUI in South Carolina is the loss of your driving privileges.
- A conviction results in an automatic 6-month license suspension.
- If you refuse a breathalyzer or your BAC is 0.15% or higher, your license may be suspended before conviction under South Carolina’s implied consent law.
You may be eligible for a temporary alcohol restricted license (TARL) or route-restricted license, but these often come with strict conditions.
To get your license reinstated, you’ll be required to:
- Register for the Alcohol and Drug Safety Action Program (ADSAP)
- Pay reinstatement fees
- Possibly install an ignition interlock device (especially with BAC > 0.15%)
Ignition Interlock Device Requirements
For some first-time DUI convictions, especially those involving high BAC levels, South Carolina law requires the installation of an ignition interlock device (IID) in your vehicle.
This device:
- Requires a clean breath sample before the car starts
- Must remain installed for at least 6 months for certain first offenders
- Comes with costs that you must cover (installation, monthly calibration, removal)
If you are eligible for a Route Restricted or Ignition Interlock Restricted license, complying with IID requirements is the only way to resume legal driving.
Alcohol and Drug Safety Action Program (ADSAP)
Anyone convicted of a first offense DUI in South Carolina must enroll in and complete the Alcohol and Drug Safety Action Program. This program evaluates your alcohol use and provides appropriate education or treatment.
Key points:
- Enrollment is mandatory for license reinstatement
- Costs are paid by the offender and vary depending on treatment level
- Must be completed before the DMV will lift the license suspension
How a First DUI Affects Your Record :
Not completing ADSAP may lead to additional penalties and a longer suspension of your driving privileges.
- Future DUI charges (used to determine repeat offenses)
- Job opportunities (especially in roles requiring a clean driving record)
- Car insurance rates (which can spike dramatically)
- Professional licensing (for healthcare, legal, or transportation jobs)
It’s important to note that South Carolina does not allow expungement of DUI convictions — even for first-time offenders.
Possible Defenses for First-Time DUI Charges
DUI charges carry serious consequences, but they can be challenged. The best defense approach depends on the unique facts of your arrest. Common legal defenses include:
- Improper police procedures during the traffic stop
- Inaccurate or improperly administered field sobriety tests
- Faulty breathalyzer equipment or calibration errors
- Violations of your constitutional rights
The penalties for a first offense DUI in South Carolina can be reduced—or in some cases, dismissed—with strong legal representation that challenges the evidence or procedures used during your arrest.
Can You Avoid Jail for a First DUI?
In many cases, yes. Judges often allow public service hours instead of jail time for low-level offenses. Some individuals may also qualify for pre-trial intervention programs, depending on local policies and the circumstances of the case.
Additionally, South Carolina’s DUI courts may allow first-time offenders to participate in rehabilitation-focused sentencing, which emphasizes education and recovery over punishment.
Final Thoughts: What to Do if You’re Facing a First DUI
Facing a first offense DUI in South Carolina can feel overwhelming, but you don’t have to go through it alone. The consequences are real — from license suspension to possible jail time — but so are your rights. The sooner you understand the charges, explore your legal options, and begin building a defense, the better your chances of minimizing the damage.
If you’ve been charged with a first DUI in Rock Hill or anywhere else in South Carolina, reach out to Okoye Law today.
