DUI.lawDUI.law

The criminal case

DUI penalties in South Carolina

The offense, qualifying priors and statutory conditions matter—not just an arrest count.

DUI penalties in South Carolina depend on the charged offense and its statutory conditions. Prior convictions, their dates, and aggravating factors may change the applicable rule. An arrest count alone does not establish the offense tier, and a minimum sentence is not the complete sentencing range. The cited rules below are not predictions of a particular case’s outcome.

The lookback period

How far back priors count
Not published yet. We show a figure only once it has been confirmed against the official source and dated.This varies widely between states — from a few years to a lifetime — so it is not safe to assume a national figure.

Penalty rules by offense number

First offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Second offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Third offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

Driving privileges, ignition interlock and insurance requirements need separate review under their own rules. A commercial-driving restriction may have different triggers from a restriction on an ordinary licence. No consequence is assumed merely because it appears in this list.

Ignition interlock, first offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

The two legal questions

The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.

Driving privileges

The licence case

Forum
The agency or court identified by the applicable licence proceeding
Clock
Check the applicable notice or order for the deadline and its starting event
Deadline to request a hearing
Within 30 days of issuance of the suspension notice.
  • This is the administrative suspension procedure under § 56-5-2951. Its hearing-request period runs from issuance of the suspension notice, not from a criminal court date.
  • A hearing request is separate from obtaining a temporary alcohol license or enrolling in the Ignition Interlock Device Program. The request alone is not a temporary driving license.
  • Without a timely hearing request, the hearing right is waived and the suspension continues.
Verified S.C. Code § 56-5-2951Official source (opens in a new tab)
Suspension under the cited rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

Criminal charge

The criminal case

Forum
A criminal court
Clock
Check court notices and orders; no case duration is predicted here
Alcohol-concentration threshold
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
First-offense penalty rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.