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First offense · Myrtle Beach & Conway

First-Offense DUI in South Carolina: Penalties and What to Expect

Short answer

A first DUI in South Carolina is a criminal charge. Depending on your BAC, it carries a $400 to $1,000 fine plus court assessments, or 48 hours to 90 days in jail, and the court can allow public service in place of the minimum jail time (S.C. Code § 56-5-2930). A conviction also means ADSAP, six months of ignition interlock, and a record that can't be expunged.

Last reviewed: October 2026Checked against the South Carolina Code of Laws
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§ 56-5-2951 · 30 days to request a license hearing§ 56-5-2951 · 6 months suspension for a first refusal§ 56-5-2990 · 6 months of interlock after a first conviction§ 56-5-2930 · first-offense fine can't be suspended§ 22-5-910 · DUI convictions can't be expunged§ 56-1-640 · convictions reported to your home state§ 56-5-2953 · the stop must be on videoS.52 · not law as of October 2026

First-offense penalties by BAC

BACFineOr jailPublic service allowed instead of jail
Under .10 (or no test)$40048 hours to 30 days48 hours
.10 to under .16$50072 hours to 30 days72 hours
.16 or more$1,00030 to 90 days30 days

(S.C. Code § 56-5-2930(A)(1)). Fines are plus court assessments, which add significantly. The higher tiers apply only when a test shows that alcohol concentration.

  • The fine can't be suspended for a first offense (S.C. Code § 56-5-2930(C)).
  • Public service must be done at a time that doesn't interfere with your job. The court can't force you to choose it, and can impose another allowed sentence instead.
  • Priors count for 10 years. A DUI anywhere, in any state, in the past 10 years makes this a second offense (S.C. Code § 56-5-2930(D)).

What a conviction means beyond the fine

Ignition interlock for six months

Since the "All Offender Law" took effect on May 19, 2024, every DUI conviction requires an ignition interlock, regardless of BAC. For a first offense the device stays on for six months (S.C. Code § 56-5-2990(A)(2)).

ADSAP

You must enroll in and complete the Alcohol and Drug Safety Action Program. Costs are capped by law at $500 for education and $2,500 in total (S.C. Code § 56-5-2930(H)).

A permanent record

A DUI conviction can't be expunged in South Carolina (S.C. Code § 22-5-910(A)). That's one reason people take a first offense seriously instead of just paying it.

A separate license suspension if you refused or tested .15+

That one has a 30-day deadline to challenge. See license suspension and the 30-day DMV hearing.

Not sure where you stand?

Call anytime, or request a callback. A local DUI attorney can look at your paperwork and tell you which deadlines apply.

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How a first offense moves through Horry County

  • A first offense can be tried in magistrate court (S.C. Code § 56-5-2930(A)(1)), and city police cases are usually in that city's municipal court. Your ticket names the court. See which court is my DUI case in?
  • You're entitled to a jury trial (S.C. Code § 56-5-2930(I)). In Horry County, when a jury trial is requested in a DUI case from the SC Highway Patrol or Horry County Police, it moves to Central Jury Court and is prosecuted by the Solicitor's Magistrate Court Division.

Issues that often matter in a first-offense case

  • Video. SC law requires the stop and the breath test site to be video recorded, starting no later than the blue lights and including field sobriety tests and the arrest (S.C. Code § 56-5-2953). Recording problems are a common defense issue.
  • The breath test. Whether the operator was qualified, the rules were followed, and the machine was working properly (S.C. Code § 56-5-2930(I)).
  • The stop itself. Whether there was a lawful reason to pull you over.

Common myths

  • "It's just a traffic ticket." It's a criminal charge with a permanent record.
  • "If I just pay it, I'm done." Paying is a conviction, with interlock and ADSAP to follow.
  • "I should explain things to the prosecutor myself." What you say can be used against you. Talk to an attorney first.

Frequently asked questions

What is the fine for a first DUI in South Carolina?

$400 if your BAC was under .10 or there was no test, $500 for .10 to under .16, and $1,000 for .16 or higher, plus court assessments, which add significantly. The fine for a first offense can't be suspended.

Will I go to jail for a first DUI in SC?

The law allows a fine or jail: 48 hours to 30 days at the lowest tier, up to 30 to 90 days at .16 or higher. The court can allow public service in place of the minimum jail time.

Do I need an ignition interlock for a first DUI in South Carolina?

Yes, if you're convicted. Since May 19, 2024, every DUI conviction in South Carolina requires an ignition interlock device. For a first offense it stays on for six months.

Can a first DUI be expunged in South Carolina?

No. South Carolina's expungement law doesn't cover offenses involving the operation of a motor vehicle, so a DUI conviction stays on your record.

Can I get a jury trial for a first DUI in Horry County?

Yes. You're entitled to a jury trial. In Horry County, DUI cases from the Highway Patrol and Horry County Police go to Central Jury Court when a jury trial is requested.

Do I need a lawyer for a first-offense DUI in Myrtle Beach?

You're not required to hire one, but a first offense still means a criminal record, ADSAP and six months of interlock if you're convicted. A free case review helps you understand your options before your court date.

Related guides

Pillar guide

South Carolina DUI penalties

Fines and jail for 1st through 4th offense at every BAC tier, felony DUI, interlock and license rules.

Read the guide

Arrested in Myrtle Beach or anywhere in Horry County?

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