DUI penalties at a glance
The same table applies to driving under the influence (DUI) (S.C. Code § 56-5-2930) and driving with an unlawful alcohol concentration (DUAC) (S.C. Code § 56-5-2933). Prior offenses count if they happened within the 10 years before the latest one (S.C. Code § 56-5-2930(D)).
| Offense | BAC under .10 | BAC .10 to under .16 | BAC .16 or more |
|---|---|---|---|
| 1st | $400 fine or 48 hours to 30 days in jail (48 hours of public service allowed instead of jail) | $500 or 72 hours to 30 days (72 hours of public service allowed) | $1,000 or 30 to 90 days (30 days of public service allowed) |
| 2nd | $2,100 to $5,100 and 5 days to 1 year | $2,500 to $5,500 and 30 days to 2 years | $3,500 to $6,500 and 90 days to 3 years |
| 3rd | $3,800 to $6,300 and 60 days to 3 years | $5,000 to $7,500 and 90 days to 4 years | $7,500 to $10,000 and 6 months to 5 years |
| 4th or later (felony) | 1 to 5 years | 2 to 6 years | 3 to 7 years |
Fines shown are the statutory fine only, plus court assessments, which add significantly. If there was no test result, the case is sentenced at the lowest tier: the higher tiers apply only when a test shows that alcohol concentration.
First-offense DUI
- Fine or jail, depending on BAC (see the table). The court can allow public service in place of the minimum jail time, served when it won't interfere with your job (S.C. Code § 56-5-2930(A)(1)).
- The fine for a first offense can't be suspended (S.C. Code § 56-5-2930(C)).
- A first offense can be tried in magistrates court, and you're entitled to a jury trial (S.C. Code § 56-5-2930(A)(1), (I)).
- A conviction requires ADSAP and six months of ignition interlock (S.C. Code § 56-5-2990(A)(2)).
More detail, including what to expect in Horry County: first-offense DUI in South Carolina.
Second-offense DUI
- Fine and jail at every tier: $2,100 to $5,100 and 5 days to 1 year under .10, rising to $3,500 to $6,500 and 90 days to 3 years at .16 or more.
- The fine can't be suspended below $1,100 (S.C. Code § 56-5-2930(A)(2)).
- From a second offense on, the minimum sentence is mandatory. The judge can allow it to be served on weekends or at night (S.C. Code § 56-5-2930(B)).
- Ignition interlock for two years after conviction (S.C. Code § 56-5-2990(A)(3)).
Third-offense DUI
- $3,800 to $6,300 and 60 days to 3 years under .10; $5,000 to $7,500 and 90 days to 4 years at .10 to under .16; $7,500 to $10,000 and 6 months to 5 years at .16 or more (S.C. Code § 56-5-2930(A)(3)).
- Ignition interlock for three years, or four years if the third offense came within five years of the first (S.C. Code § 56-5-2990(A)(4)).
Fourth or later offense: a felony
A fourth DUI within 10 years is a felony punished by prison: 1 to 5 years under .10, 2 to 6 years at .10 to under .16, and 3 to 7 years at .16 or more (S.C. Code § 56-5-2930(A)(4)). After a fourth conviction, the ignition interlock requirement is for life (S.C. Code § 56-5-2990(A)(5)). More: is a DUI a felony in South Carolina?
Felony DUI: great bodily injury or death
A DUI that causes great bodily injury or death to another person is felony DUI (S.C. Code § 56-5-2945). The sentences are mandatory, can't be suspended, and probation isn't allowed. If there was a crash, see DUI after an accident.
| Result | Fine | Prison | Interlock after release |
|---|---|---|---|
| Great bodily injury | $5,100 to $10,100 | 30 days to 15 years | 3 years |
| Death | $10,100 to $25,100 | 1 to 25 years | 5 years |
DUI vs. DUAC: what's the difference?
DUI means driving while your faculties are "materially and appreciably impaired" by alcohol, drugs or both (S.C. Code § 56-5-2930(A)). It doesn't require a breath result. DUAC means driving with an alcohol concentration of .08 or more (S.C. Code § 56-5-2933(A)).
- The penalties are the same.
- You can't be prosecuted for both DUI and DUAC over the same incident.
- A DUI charge can be prosecuted as DUAC only if the breath or other test was done within two hours of the arrest and there was reasonable suspicion for the stop (S.C. Code § 56-5-2930(I)).
It depends on your BAC result, your prior record and how the case is charged. Call anytime for a free case review with a local DUI attorney.
License suspension and ignition interlock
Right after the arrest: administrative suspension
If you refused a test or tested at .15 or higher, the officer issued a notice of suspension that starts on the date of the arrest (S.C. Code § 56-5-2951(A)). Lengths, counting priors within 10 years:
| Offense | Refused the test | Tested .15 or higher |
|---|---|---|
| 1st | 6 months | 1 month |
| 2nd | 9 months | 2 months |
| 3rd | 12 months | 3 months |
| 4th or later | 15 months | 4 months |
You have 30 days from the notice to request a contested case hearing before the SC Office of Motor Vehicle Hearings (a filing fee applies) and to get a $100 temporary alcohol license. You can also end the suspension early by enrolling in the Ignition Interlock Device Program (S.C. Code § 56-5-2951(B), (I)). Use the 30-day deadline calculator to find your date.
After a conviction: ignition interlock for every offender
South Carolina's "All Offender Law" took effect May 19, 2024. Every DUI conviction now requires an ignition interlock device, regardless of BAC. The required time depends on the offense (S.C. Code § 56-5-2990(A)):
| Offense | Interlock required |
|---|---|
| 1st | 6 months |
| 2nd | 2 years |
| 3rd | 3 years (4 years if within 5 years of the first offense) |
| 4th or later | Life |
ADSAP and expungement
ADSAP. Anyone convicted of DUI or DUAC must enroll in and complete the Alcohol and Drug Safety Action Program (S.C. Code § 56-5-2930(H)). The program assesses you and sets a plan of education, treatment or both. By law the cost can't exceed $500 for education, $2,000 for treatment and $2,500 in total, and no one can be denied services for inability to pay.
Expungement. DUI convictions in South Carolina can't be expunged. The state's expungement law for minor convictions excludes any offense involving the operation of a motor vehicle (S.C. Code § 22-5-910(A)).
Pending changes: S.52
Bill S.52 passed both the Senate and the House in 2026, but the two chambers passed different versions. It went to a conference committee, and on June 25, 2026, the Senate rejected free conference powers. As of October 2026 the bill is stuck in conference and is not law. Everything above reflects current law.
What S.52 would change if it passed
- Refusal suspensions would rise to 1, 2, 3 and 4 years (now 6, 9, 12 and 15 months).
- Suspensions for testing .15 or higher would rise to 2, 4, 6 and 8 months (now 1, 2, 3 and 4 months).
- Video recording rules would move to "substantial compliance": a recording problem alone would no longer be grounds to dismiss the charge.
Read the bill and its history on the official S.52 page. We'll update this page if it passes.
Sources
- South Carolina Code of Laws, Title 56, Chapter 5 (§§ 56-5-2930, 2933, 2945, 2950, 2951, 2953, 2990)
- S.52 (2025-2026 session): bill text and status
- SC Department of Public Safety: ignition interlock "All Offender Law," May 2024
- 15th Circuit Solicitor's Office: Magistrate Court Division
- South Carolina Code of Laws, § 22-5-910 (expungement)
Frequently asked questions
What are the penalties for a DUI in South Carolina?
They depend on the offense number and your BAC. A first offense ranges from a $400 fine or 48 hours to 30 days in jail, up to a $1,000 fine or 30 to 90 days at .16 or higher. A fourth offense within 10 years is a felony with one to seven years in prison.
Is a fourth DUI a felony in South Carolina?
Yes. A fourth or later offense within 10 years is punished by prison only: one to five years under .10, two to six years at .10 to under .16, and three to seven years at .16 or higher.
What is the difference between DUI and DUAC in South Carolina?
DUI means your driving faculties were materially and appreciably impaired. DUAC means you drove with an alcohol concentration of .08 or more. The penalties are the same, and you can't be prosecuted for both over the same incident.
Does every DUI conviction require an ignition interlock in South Carolina?
Yes. Since May 19, 2024, every DUI conviction requires an ignition interlock device regardless of BAC. It's six months for a first offense, two years for a second, three or four years for a third, and life for a fourth.
Can a DUI be expunged in South Carolina?
No. South Carolina's expungement law excludes offenses involving the operation of a motor vehicle, so a DUI conviction stays on your record.
Did South Carolina increase DUI penalties in 2026?
Not yet. Bill S.52 would lengthen license suspensions for refusals and high-BAC tests, but as of October 2026 it is stuck in a conference committee and is not law.
Related guides
First-offense DUI
Fines, jail and public service by BAC tier, plus ADSAP, six months of interlock and no expungement.
Read the guideLicense suspension & the 30-day hearing
Refused or tested .15+? You have 30 days to request a hearing. Includes a deadline calculator.
Read the guideRefused a breath test
Automatic 6 to 15 month suspension, the refusal can be used at trial, and how to get driving again.
Read the guideWhich court is my DUI case in?
How to read your ticket, and addresses and phone numbers for every Horry County DUI court.
Read the guide