DUI penalties in South Carolina, offense by offense

DUI and DUAC: two charges, the same penalties

South Carolina has two closely related offenses:

• DUI (S.C. Code § 56-5-2930): driving while under the influence of alcohol, drugs, or both, to the point that your faculties to drive are "materially and appreciably impaired."
• DUAC (§ 56-5-2933): driving with an alcohol concentration of 0.08 or more, regardless of impairment.

The penalty schedules for the two are the same. You cannot be prosecuted for both for the same incident.

How prior offenses are counted

A prior offense is a conviction, guilty or no-contest plea, or bail forfeiture for DUI or DUAC, including under another state's law, within the ten years up to and including the date of the latest violation. Older offenses do not count toward the tier.

First offense

A first offense may be tried in magistrate court. The fine for a first offense cannot be suspended.

The court may order public service of the same length in place of the minimum jail time.

Second offense

The fine cannot be suspended below $1,100, and the minimum sentence must be served, though a judge can allow weekend or nighttime service.

Third offense

Fourth or later offense

Felony DUI

When a driver under the influence does something forbidden by law, or neglects a duty, and that proximately causes great bodily injury or death to another person, the charge is felony DUI (§ 56-5-2945). "Great bodily injury" means injury that creates a substantial risk of death or causes serious permanent disfigurement or long-term loss or impairment of a body part or organ.

No part of the mandatory sentence can be suspended, and probation cannot be granted for any part of it. After release, the person must drive with an ignition interlock for three years (injury) or five years (death).

What comes with any conviction

The fine and jail are only part of it. A DUI or DUAC conviction also brings:

• A license suspension and the interlock program. Since May 19, 2024, every offender ends the suspension by enrolling in the ignition interlock program. The device stays on for six months (first offense), two years (second), three years (third, or four years if it comes within five years of the first), or life (fourth or later). Details: the ignition interlock guide.
• ADSAP. Every person convicted must enroll in and complete the Alcohol and Drug Safety Action Program. Costs are capped at $500 for education, $2,000 for treatment, and $2,500 in total, and no one can be denied services for inability to pay. See the ADSAP guide.
• SR-22. After a conviction-based suspension, the DMV requires proof of financial responsibility before reinstating your license, and the filing can be released three years after it was first required. See the SR-22 guide.
• A $25 test cost if the breath or other test was given at the officer's direction.

Which court, and what is not available

The statute lets a first offense be tried in magistrate court. In Greenwood that means Greenwood Municipal Court for city arrests, or Greenwood County Magistrate Court for county and state arrests. Magistrate and municipal courts otherwise handle offenses punishable by up to $500 or 30 days. Second and later offenses, and felony DUI, carry more than that and are heard in General Sessions at the Greenwood County Courthouse, though the solicitor can petition to move a case carrying up to $5,500 or one year to a lower court, and the defendant can object.

Two things people often ask about are not available for DUI under current law. DUI and DUAC charges are not eligible for pretrial intervention (§ 17-22-50), and South Carolina's expungement laws have no provision for a DUI conviction; see the expungement guide.

Is the law changing?

Not yet. S.52, a broad 2026 rewrite of the DUI laws, passed both chambers in different versions, went to a conference committee, and did not become law when the Senate rejected free conference powers on June 25, 2026. The tables above are current law as of the review date.