South Carolina · DUI

South Carolina DUI laws and penalties

South Carolina's legal BAC limit is 0.08%. For a first offense, South Carolina's statute provides jail of 48 hours to 30 days and a fine of $400. The license hearing, the ignition interlock rule and the statute behind every figure are below.

Figures read from official pages on Oct 26, 2026.

Legal BAC limit: 0.08%; Standard US limit
Enhanced penalty BAC: 0.10%; Where the penalties step up
Zero tolerance (under 21): 0.02%; Limit for drivers under 21
Lookback period: 10 years; Prior DUI offenses that count

License hearing: ask within 30 days

Applies only after a refusal or a test of 0.15 or more: within 30 days of the notice of suspension, ask the Office of Motor Vehicle Hearings for a contested case hearing. A driver tested at 0.08 to under 0.15 gets no administrative suspension. Count the days with the license-hearing window calculator.

Ignition interlock required after a first conviction

Higher BAC level. The first-offense penalty steps up at 0.10 and again at 0.16 ($1,000 or 30 to 90 days).

Ignition interlock. Required after every conviction (six months for a first offense) unless the breath test showed .00; a medical waiver is possible.

South Carolina writes the first-offense penalty as a fine 'or' jail. Standard case is 0.08 to under 0.10: first offense $400 fine OR 48 hours to 30 days. At 0.10 to under 0.16 it is $500 OR 72 hours to 30 days; at 0.16 or more $1,000 OR 30 to 90 days; second-offense ranges rise in the same tiers ($2,500-$5,500 with 30 days to 2 years at 0.10-0.159). Court assessments and surcharges are not in the statutory fine. A pending bill (S. 52 of 2025-26) that would let the court impose both a fine and jail was still in conference at its last recorded action (June 25, 2026) and is not reflected here.

01Penalties

South Carolina DUI penalties

Statutory ranges for standard DUI convictions (no accident, no minor in vehicle).

South Carolina statutory DUI penalties, first and second offense
Penalty	1st offense	2nd offense
Jail (minimum)	48 hours (only if jail is imposed instead of the $400 fine)	5 days
Jail (maximum)	30 days	1 year
Fine (minimum)	$400	$2,100
Fine (maximum)	$400	$5,100
License suspension	Suspension ended by enrolling in the interlock program; interlock required for 6 months	Interlock required for 2 years (suspension ended by enrolling in the interlock program)

Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.

02Compare

How South Carolina compares

Of the 49 states with a confirmed BAC limit, 48 (South Carolina among them) use 0.08%; Utah has 0.05%.

On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. South Carolina requires one after every first conviction.

The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); South Carolina gives 30.

South Carolina and the states that border it, first-offense figures side by side
State	BAC limit	Hearing request	Interlock, first offense	Jail, first offense	Fine, first offense	License, first offense
Georgia	0.08%	30 days	Not required	10 days to 12 months	$300 to $1,000	12 months
North Carolina	0.08%	10 days	In some cases	48 hours to 120 days	Up to $500	1 year
South Carolina (this page)	0.08%	30 days	Required	48 hours to 30 days	$400	Suspension ended by enrolling in the interlock program; interlock required for 6 months

Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.

03The process

How a DUI case moves through the system in South Carolina

The typical sequence, in general terms. Timing and details differ by county and by case.

Arrest and booking
Police arrest a driver on suspicion of DUI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
Applies only after a refusal or a test of 0.15 or more: within 30 days of the notice of suspension, ask the Office of Motor Vehicle Hearings for a contested case hearing. A driver tested at 0.08 to under 0.15 gets no administrative suspension.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, South Carolina's statute provides jail of 48 hours to 30 days and a fine of $400. See the penalties table above.

04Sources

Where South Carolina's figures come from

Each figure was read on the official page linked here on Oct 26, 2026, and the quoted words were checked against the page the day it was read. The exact words are below so you can check them. Found a mistake? Write to hello@duiarrested.com with the state and the figure.

S.C. Code Ann. § 56-5-2930 (scstatehouse.gov)Main statute · BAC limit, age 21 and over · Higher BAC level · Lookback period · License hearing request · Ignition interlock, first offense · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · First offense: license · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum · Second offense: license
S.C. Code Ann. § 56-1-286(A) (scstatehouse.gov)BAC limit under 21

Show the exact words behind each figure

Main statute

S.C. Code Ann. § 56-5-2930

SECTION 56-5-2930. Operating motor vehicle while under influence of alcohol or drugs; penalties; enrollment in Alcohol and Drug Safety Action Program; prosecution.

BAC limit, age 21 and over

0.08%

S.C. Code Ann. § 56-5-2933(A)

(A) It is unlawful for a person to drive a motor vehicle within this State while his alcohol concentration is eight one-hundredths of one percent or more.

Higher BAC level

0.10%

S.C. Code Ann. §§ 56-5-2930(A)(1), 56-5-2933(A)(1)

If the person's alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent, then the person must be punished by a fine of five hundred dollars or imprisonment for not less than seventy-two hours nor more than thirty days.

BAC limit under 21

0.02%

S.C. Code Ann. § 56-1-286(A)

shall suspend the driver's license, permit, or nonresident operating privilege of, or deny the issuance of a license or permit to a person under the age of twenty-one who drives a motor vehicle and has an alcohol concentration of two one-hundredths of one percent or more.

Lookback period

10 years

S.C. Code Ann. § 56-5-2930(D)

Only those violations which occurred within a period of ten years including and immediately preceding the date of the last violation constitute prior violations within the meaning of this section.

License hearing request

30 days

S.C. Code Ann. § 56-5-2951(B)(1)

(B)(1) Within thirty days of the issuance of the notice of suspension, the person may: (a) request a contested case hearing before the Office of Motor Vehicle Hearings pursuant to its rules of procedure;

Ignition interlock, first offense

Required after a first conviction

S.C. Code Ann. § 56-5-2941(A)(1)

(A)(1) The Department of Motor Vehicles shall require a person who is convicted of violating the provisions of Sections 56-5-2930, 56-5-2933, 56-5-2945, 56-5-2947 ... to have installed on any motor vehicle the person drives, except a moped or motorcycle, an ignition interlock device designed to prevent driving of the motor vehicle if the person has consumed alcoholic beverages.

First offense: jail, minimum

48 hours (only if jail is imposed instead of the $400 fine)

S.C. Code Ann. § 56-5-2930(A)(1)

(1) for a first offense, by a fine of four hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days.

First offense: jail, maximum

30 days

S.C. Code Ann. § 56-5-2930(A)(1)

Same passage as above.

First offense: fine, minimum

$400

S.C. Code Ann. § 56-5-2930(A)(1)

Same passage as above.

First offense: fine, maximum

$400

S.C. Code Ann. § 56-5-2930(A)(1)

Same passage as above.

First offense: license

Suspension ended by enrolling in the interlock program; interlock required for 6 months

S.C. Code Ann. § 56-5-2990(A)(1)-(2)

(A)(1) The Department of Motor Vehicles shall suspend the driver's license of a person who is convicted for a violation of Section 56-5-2930, 56-5-2933, ... (2) For a first offense, a person shall enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941, end the suspension, and obtain an ignition interlock restricted license pursuant to Section 56-1-400. The ignition interlock device is required to be affixed to the motor vehicle for six months.

Second offense: jail, minimum

5 days

S.C. Code Ann. § 56-5-2930(A)(2)

(2) for a second offense, by a fine of not less than two thousand one hundred dollars nor more than five thousand one hundred dollars, and imprisonment for not less than five days nor more than one year. However, the fine imposed by this item must not be suspended in an amount less than one thousand one hundred dollars.

Second offense: jail, maximum

1 year

S.C. Code Ann. § 56-5-2930(A)(2)

Same passage as above.

Second offense: fine, minimum

$2,100

S.C. Code Ann. § 56-5-2930(A)(2)

Same passage as above.

Second offense: fine, maximum

$5,100

S.C. Code Ann. § 56-5-2930(A)(2)

Same passage as above.

Second offense: license

Interlock required for 2 years (suspension ended by enrolling in the interlock program)

S.C. Code Ann. § 56-5-2990(A)(3)

(A)(1) The Department of Motor Vehicles shall suspend the driver's license of a person who is convicted for a violation of Section 56-5-2930, 56-5-2933, ... (3) For a second offense, a person shall enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941, end the suspension, and obtain an ignition interlock restricted license pursuant to Section 56-1-400. The ignition interlock device is required to be affixed to the motor vehicle for two years.

05Related

MapUS DUI Arrest Rate MapEvery state as one tile, colored by DUI arrests per 100,000 residents.
CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.

Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.

South Carolina DUI laws at a glance