Start with S.C. Code Ann. §§ 56-5-2930, 56-5-2933. In South Carolina, BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21. A first offense: First-offense DUI is typically a misdemeanor with fines, possible jail, license suspension, ADSAP, and ignition-interlock conditions for many offenders. Felony threshold: A third DUI within 10 years can be a felony-level offense; DUI causing great bodily injury or death can also be a felony. That is the question this guide answers for DUI penalties. Lookback: Prior DUI convictions within 10 years enhance penalties.. Ignition interlock: Ignition interlock is required for many DUI offenders as a condition of a route-restricted or reinstated license.
Blood alcohol limits in South Carolina
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Lookback window for prior offenses
Prior DUI convictions within 10 years enhance penalties.
How the South Carolina rule applies
Apply the South Carolina authorities in order. The facts are simplified so the statute and the standard are visible.
A driver in South Carolina is charged with a first impaired-driving offense and wants to know what the statute actually sets.
- Start with the alcohol limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Read the first-offense range: First-offense DUI is typically a misdemeanor with fines, possible jail, license suspension, ADSAP, and ignition-interlock conditions for many offenders.
- Ask when the charge becomes a felony: A third DUI within 10 years can be a felony-level offense; DUI causing great bodily injury or death can also be a felony. Lookback: Prior DUI convictions within 10 years enhance penalties.
- Interlock: Ignition interlock is required for many DUI offenders as a condition of a route-restricted or reinstated license.
South Carolina DUI under § 56-5-2930 proceeds in magistrate or general sessions court with parallel DMV actions. Defense reviews the stop and DataMaster record.
First-offense penalties
First-offense DUI is typically a misdemeanor with fines, possible jail, license suspension, ADSAP, and ignition-interlock conditions for many offenders.
When a South Carolina DUI becomes a felony
A third DUI within 10 years can be a felony-level offense; DUI causing great bodily injury or death can also be a felony.
Ignition interlock and license consequences
Ignition interlock is required for many DUI offenders as a condition of a route-restricted or reinstated license.
How a typical South Carolina DUI case unfolds
South Carolina DUI under § 56-5-2930 proceeds in magistrate or general sessions court with parallel DMV actions. Defense reviews the stop and DataMaster record.
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Case law: DUI penalties in South Carolina
The STATE, Respondent, v. Vernon E. PARKER, Appellant
The STATE, Respondent, v. Vernon E. PARKER, Appellant, 271 S.C. 159 (1978)
…ed that he stopped appellant’s automobile, charged him with driving under the influence, and took him to the police station where he agreed to take the breathalyzer test. Appellant contends that the officer lacked probable cause to arrest him for driving under the influence, and that the officer’s testimony indicates that he arrested him solely on *161 the basis of the tip from…
On DUI penalties, The STATE, Respondent, v. Vernon E. PARKER, Appellant speaks to the South Carolina dispute in this passage: "ed that he stopped appellant’s automobile, charged him with driving under the influence, and took him to the police station where he agreed to take the breathalyzer test. Appellant contends that the officer lacked probable cause to arrest him for driving under the influence, and" The surrounding opinion shows how the court applied that language to the record.
S.C. DEPARTMENT OF MOTOR VEHICLES (Formerly Public Safety), Appellant, v. Danny Joe NELSON, Respondent
ANDERSON, J. Danny Joe Nelson was arrested for driving under the influence. Nelson refused to consent to a breath test offered nearly five hours after his arrest. As a result, the South *517 Carolina Department of Motor Vehicles (the Department), formerly the Department of Public Safety, suspended Nelson’s driver’s license. The circuit court reversed, finding the D…
Practitioners open S.C. DEPARTMENT OF MOTOR VEHICLES (Formerly Public Safety), Appellant, v. Danny Joe NELSON, Respondent when South Carolina DUI penalties turns on the distinction in this sentence: "ANDERSON, J. Danny Joe Nelson was arrested for driving under the influence. Nelson refused to consent to a breath test offered nearly five hours after his arrest." Do not lift it out of the facts the court was deciding.
The STATE, Respondent v. Ernest Eugene BAKER, Appellant
The STATE, Respondent v. Ernest Eugene BAKER, Appellant, 310 S.C. 510 (1993)
…ief Justice: Appellant Ernest Eugene Baker was convicted of driving under the influence (DUI), second offense. He contends, among other things, that the State should have been precluded from prosecuting his case because it failed to offer him a breath test when he was arrested. We disagree and affirm. I. FACTS The evening of October 28, 1989, Baker was involved in a collision w…
The STATE, Respondent v. Ernest Eugene BAKER, Appellant is worth reading on South Carolina DUI penalties because the court put the point in its own words: "Justice: Appellant Ernest Eugene Baker was convicted of driving under the influence (DUI), second offense. He contends, among other things, that the State should have been precluded from prosecuting his case because it failed to offer him a breath test when he was arrested." Use that passage as the starting point, then read the facts that precede it.
The STATE, Respondent v. Bennie Charles TANNER, Appellant
The STATE, Respondent v. Bennie Charles TANNER, Appellant, 299 S.C. 459 (1989)
…Tanner was arrested and charged with three counts of felony driving under the influence on June 26, 1987, in connection with an accident which occurred in Clarendon County on May 24, 1987. He was subsequently indicted for these charges, as well as for two counts of reckless homicide. We reach two issues in this case: (1) whether the trial court erred in failing to grant the def…
South Carolina opinions such as The STATE, Respondent v. Bennie Charles TANNER, Appellant are cited where DUI penalties is disputed. The court stated: "Tanner was arrested and charged with three counts of felony driving under the influence on June 26, 1987, in connection with an accident which occurred in Clarendon County on May 24, 1987." That is the language to brief; the rest of the decision supplies the procedural posture.
Cynthia RAINO, Respondent v. GOODYEAR TIRE AND RUBBER COMPANY, Lee Tire Company, Stokes Honda of Beaufort, Ine., and
…contending the proximate cause of the accident was Raino’s driving under the influence and speeding. The trial judge ruled the evidence was inadmissible. We agree. (a) Blood Alcohol Test Result After the accident, Raino was taken to Savannah’s Memorial Medical Center (Memorial) for treatment. Appellants contend that a blood sample was taken from Raino which showed that at 10:5…
On DUI penalties, Cynthia RAINO, Respondent v. GOODYEAR TIRE AND RUBBER COMPANY, Lee Tire Company, Stokes Honda of Beaufort, Ine., and speaks to the South Carolina dispute in this passage: "Raino’s driving under the influence and speeding. The trial judge ruled the evidence was inadmissible. We agree. (a) Blood Alcohol Test Result After the accident, Raino was taken to Savannah’s Memorial Medical Center (Memorial) for treatment." The surrounding opinion shows how the court applied that language to the record.
The STATE, Respondent, v. David Earl CARRIGAN, Appellant
The STATE, Respondent, v. David Earl CARRIGAN, Appellant, 284 S.C. 610 (1985)
…driving in violation of the Habitual Traffic Offender Act, driving under the influence of intoxicants and reckless homicide. We affirm his convictions of the first two charges and reverse and remand for a new trial on the second two charges. In the early morning hours, Carrigan, his wife Darlene and her cousin Doug Lupo were involved in a single vehicle accident while riding i…
On DUI penalties, The STATE, Respondent, v. David Earl CARRIGAN, Appellant speaks to the South Carolina dispute in this passage: "Habitual Traffic Offender Act, driving under the influence of intoxicants and reckless homicide. We affirm his convictions of the first two charges and reverse and remand for a new trial on the second two charges." The surrounding opinion shows how the court applied that language to the record.
The STATE, Respondent v. Melvin Edward GOODE, Appellant
The STATE, Respondent v. Melvin Edward GOODE, Appellant, 305 S.C. 176 (1991)
…This is an appeal from a conviction on two counts of felony-driving under the influence (felony DUI). On September 1, 1988, a car being driven by Melvin Edward Goode collided head on with another being driven by a young mother who was accompanied by her small child. The mother died at the scene; the child died a short time later. Goode was injured and was pinned in his car by t…
South Carolina opinions such as The STATE, Respondent v. Melvin Edward GOODE, Appellant are cited where DUI penalties is disputed. The court stated: "This is an appeal from a conviction on two counts of felony-driving under the influence (felony DUI). On September 1, 1988, a car being driven by Melvin Edward Goode collided head on with another being driven by a young mother who was accompanied by her small child." That is the language to brief; the rest of the decision supplies the procedural posture.
STATE of South Carolina, Appellant, v. James Eugene HUNTLEY, Respondent
STATE of South Carolina, Appellant, v. James Eugene HUNTLEY, Respondent, 349 S.C. 1 (2002)
…Respondent James Eugene Huntley (Huntley) was arrested for driving under the influence. After the jury was sworn, Huntley moved to suppress the results of his breathalyzer test, arguing the test operator used a different simulator solution test level than that set forth by law. The trial judge agreed and suppressed Huntley’s breathalyzer results. The State appeals.1 ISSUE Did…
STATE of South Carolina, Appellant, v. James Eugene HUNTLEY, Respondent is worth reading on South Carolina DUI penalties because the court put the point in its own words: "Respondent James Eugene Huntley (Huntley) was arrested for driving under the influence. After the jury was sworn, Huntley moved to suppress the results of his breathalyzer test, arguing the test operator used a different simulator solution test level than that set forth by law." Use that passage as the starting point, then read the facts that precede it.
Key takeaways
- BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Lookback period: Prior DUI convictions within 10 years enhance penalties.
- First-offense range: First-offense DUI is typically a misdemeanor with fines, possible jail, license suspension, ADSAP, and ignition-interlock conditions for many offenders.
- Felony threshold: A third DUI within 10 years can be a felony-level offense; DUI causing great bodily injury or death can also be a felony.
- Ignition interlock: Ignition interlock is required for many DUI offenders as a condition of a route-restricted or reinstated license.
- Primary authority: S.C. Code Ann. §§ 56-5-2930, 56-5-2933.
Frequently asked questions
What is the legal BAC limit in South Carolina?
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Is a first DUI a felony in South Carolina?
A third DUI within 10 years can be a felony-level offense; DUI causing great bodily injury or death can also be a felony.
Will I need an ignition interlock device?
Ignition interlock is required for many DUI offenders as a condition of a route-restricted or reinstated license.
This guide covers South Carolina impaired-driving law as of 2026. Sentencing grids, administrative DMV rules, and local diversion programs change — verify the live statute and speak with counsel about your charging document.