Can I Go To Jail For A DUI in SC?

You can go to jail for a DUI in SC, even if it’s your first offense. However, jail time may be more or less likely depending on the specifics of your case.

In addition to jail time, there may be other collateral consequences of a DUI conviction including mandatory license suspension and fines. A SC criminal lawyer can explain whether you are likely to go to jail if you are convicted, and will work hard to minimize the impact of a DUI conviction.

Penalties For Driving Under The Influence

DUI penalties in South Carolina depend on several factors, including your blood alcohol concentration (BAC), prior convictions, and whether any injuries occurred. The law imposes both maximum penalties and mandatory minimum sentences in many cases.

First Offense

A first DUI offense is a misdemeanor, but the penalties vary based on BAC. If your BAC is under 0.10%, you may face up to 30 days in jail or a fine of about $400. If your BAC is between 0.10% and 0.16%, penalties increase to up to 72 hours in jail or higher fines. If your BAC is 0.16% or higher, you could face up to 90 days in jail. South Carolina also imposes mandatory minimum sentences tied to BAC levels, meaning the court must impose at least a certain amount of jail time in many cases.

In addition to jail or fines, a first conviction results in a six-month license suspension and completion of the Alcohol and Drug Safety Action Program (ADSAP).

Second Offense

A second DUI carries more serious consequences, including mandatory jail time. If the prior offense occurred within 10 years, you face a minimum of 5 days in jail, which increases to 30 days if the prior conviction was within 5 years. The maximum penalty is up to 1 year in jail. Fines increase significantly, and your license will be suspended for at least 1 year. Enhanced penalties may apply based on BAC.

Third Offense

A third DUI is still classified as a misdemeanor in South Carolina, but it carries substantial penalties. You may face between 60 days and up to 3 years in prison, depending on prior convictions and timing. Fines increase further, and your license can be suspended for 2 years or more. As with prior offenses, higher BAC levels result in longer mandatory minimum sentences.

Fourth and Subsequent Offenses

A fourth DUI offense is a felony in South Carolina. Penalties include a mandatory minimum of 1 year in prison, with a maximum sentence of up to 5 years. Your driver’s license will be permanently revoked, although limited reinstatement options may exist after a period of time under strict conditions.

High BAC and Aggravating Factors

South Carolina law increases penalties based on BAC levels, particularly at or above 0.15% and 0.16%. Additional factors, such as having a child in the vehicle or causing injury, can also lead to enhanced charges and more severe consequences.

Get Expert Legal Help for Your SC DUI Case

Understanding DUI penalties in SC is just the first step. Whether you're worried about jail time, mandatory minimums, or license revocation, an experienced SC criminal lawyer will evaluate your case, explain your options, and fight for the best possible outcome.

Don't wait—contact us today to discuss your defense strategy. Your future is too important to leave to chance.