duistatelaws.com South Carolina sentences a DUI by the reading as well as the count, and it requires the arrest to be on video: the stop from the moment the blue lights come on, the field sobriety tests, the arrest, and the whole breath test. If that recording is missing, the statute asks the officer to explain why under oath.
Key takeaways
- Every offense count has three tiers: under 0.10, 0.10 to 0.16, and 0.16 or more, each with its own minimum.
- A first offense carries 48 hours at minimum, or a $400 fine — rising to 30 days, or $1,000, at 0.16 or more.
- The administrative suspension applies only to a refusal or a reading of 0.15 or more.
- 30 days to request the contested case hearing; a temporary alcohol license costs $100.
- The statute requires the stop, the field tests, the arrest and the breath test to be video recorded.
- A DUI conviction cannot be expunged, and DUI is excluded from pretrial intervention.
to demand a hearing from the Office of Motor Vehicle Hearings, counted from the notice you were served. S.C. Code § 56-5-2951(B)(1). This proceeding is separate from the criminal charge. The Department of Motor Vehicles suspends, the suspension takes effect on the date of the violation, and the OMVH reviews it only if a hearing is requested in time.
The same diagram as a table
| State | Days | Authority |
|---|---|---|
| Colorado | 7 | C.R.S. § 42-2-126(6)(d), (7)(b) |
| Virginia* | 7 | Va. Code § 46.2-391.2(A), (C) |
| Washington | 7 | RCW 46.20.308(7) |
| California | 10 | Cal. Veh. Code § 13558(b) |
| Florida | 10 | Fla. Stat. § 322.2615(1)(b)3. |
| Texas | 15 | Tex. Transp. Code §§ 524.031, 724.041 |
| Arizona | 30 | A.R.S. § 28-1321(F), (G) |
| Georgia | 30 | O.C.G.A. § 40-5-67.1(g)(1) |
| South Carolina | 30 | S.C. Code § 56-5-2951(B)(1) |
| Minnesota* | 60 | Minn. Stat. § 169A.53, subd. 2 |
Two offenses: DUI and DUAC
Section 56-5-2930 defines DUI as driving while under the influence of alcohol, other drugs or a combination of them to the extent that the person’s faculties to drive are materially and appreciably impaired. It does not mention a number. Section 56-5-2933 creates the separate offense of driving with an unlawful alcohol concentration — DUAC — at 0.08 or more, and sets it the same penalties.
Both count as priors for each other. Section 56-5-2930(D) treats a conviction, a guilty or nolo contendere plea, or a forfeited bail for any impaired-driving law of this or another state, including DUAC, as a prior offense — but only those within ten years, including and immediately preceding the date of the last violation.
The felony is separate. Section 56-5-2945 makes it felony DUI to drive under the influence and, by an act forbidden by law or a neglected duty, proximately cause great bodily injury or death to another person.
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The count, and the reading inside it
Section 56-5-2930(A) does not have one sentence per offense; it has three. Within each offense count the minimum rises with the alcohol concentration: under 0.10, from 0.10 to under 0.16, and 0.16 or more. A first offense is a fine or jail; from the second, it is a fine and jail.
The same diagram as a table
| Offense | Confinement | Authority |
|---|---|---|
| First, under 0.10 | 48 hours to 30 days | S.C. Code § 56-5-2930(A)(1) |
| First, 0.10 to 0.16 | 72 hours to 30 days | S.C. Code § 56-5-2930(A)(1) |
| First, 0.16 or more | 30 days to 90 days | S.C. Code § 56-5-2930(A)(1) |
| Second, under 0.10 | 5 days to 1 year | S.C. Code § 56-5-2930(A)(2) |
| Second, 0.10 to 0.16 | 30 days to 2 years | S.C. Code § 56-5-2930(A)(2) |
| Second, 0.16 or more | 90 days to 3 years | S.C. Code § 56-5-2930(A)(2) |
| Third, under 0.10 | 60 days to 3 years | S.C. Code § 56-5-2930(A)(3) |
| Third, 0.10 to 0.16 | 90 days to 4 years | S.C. Code § 56-5-2930(A)(3) |
| Third, 0.16 or more | 6 months to 5 years | S.C. Code § 56-5-2930(A)(3) |
| Fourth or more, under 0.10 | 1 year to 5 years | S.C. Code § 56-5-2930(A)(4) |
| Offense | Level | Confinement | Fine | License | Also required |
|---|---|---|---|---|---|
| First, under 0.10 | Magistrate-triable S.C. Code § 56-5-2930(A)(1) | 48 hours to 30 days or a $400 fine; 48 hours of public service may replace the 48 hours | $400 § 56-5-2930(A)(1) | Interlock 6 months § 56-5-2990(A)(2) | ADSAP § 56-5-2930(H) |
| First, 0.10 to 0.16 | Magistrate-triable S.C. Code § 56-5-2930(A)(1) | 72 hours to 30 days or a $500 fine; public service may replace the 72 hours | $500 § 56-5-2930(A)(1) | Interlock 6 months § 56-5-2990(A)(2) | ADSAP § 56-5-2930(H) |
| First, 0.16 or more | Magistrate-triable S.C. Code § 56-5-2930(A)(1) | 30 days to 90 days or a $1,000 fine; public service may replace the 30 days | $1,000 § 56-5-2930(A)(1) | Interlock 6 months § 56-5-2990(A)(2) | ADSAP § 56-5-2930(H) |
| Second, under 0.10 | — S.C. Code § 56-5-2930(A)(2) | 5 days to 1 year minimum mandatory; may be served on weekends or nights | $2,100 to $5,100 § 56-5-2930(A)(2) | Interlock 2 years § 56-5-2990(A)(3) | ADSAP § 56-5-2930(H) |
| Second, 0.10 to 0.16 | — S.C. Code § 56-5-2930(A)(2) | 30 days to 2 years | $2,500 to $5,500 § 56-5-2930(A)(2) | Interlock 2 years § 56-5-2990(A)(3) | ADSAP § 56-5-2930(H) |
| Second, 0.16 or more | — S.C. Code § 56-5-2930(A)(2) | 90 days to 3 years | $3,500 to $6,500 § 56-5-2930(A)(2) | Interlock 2 years § 56-5-2990(A)(3) | ADSAP § 56-5-2930(H) |
| Third, under 0.10 | — S.C. Code § 56-5-2930(A)(3) | 60 days to 3 years | $3,800 to $6,300 § 56-5-2930(A)(3) | Interlock 3 years, 4 if within 5 years of the first § 56-5-2990(A)(4) | ADSAP § 56-5-2930(H) |
| Third, 0.10 to 0.16 | — S.C. Code § 56-5-2930(A)(3) | 90 days to 4 years | $5,000 to $7,500 § 56-5-2930(A)(3) | Interlock 3 years, 4 if within 5 years of the first § 56-5-2990(A)(4) | ADSAP § 56-5-2930(H) |
| Third, 0.16 or more | — S.C. Code § 56-5-2930(A)(3) | 6 months to 5 years | $7,500 to $10,000 § 56-5-2930(A)(3) | Interlock 3 years, 4 if within 5 years of the first § 56-5-2990(A)(4) | ADSAP § 56-5-2930(H) |
| Fourth or more, under 0.10 | — S.C. Code § 56-5-2930(A)(4) | 1 year to 5 years 2 to 6 years at 0.10 to 0.16; 3 to 7 years at 0.16 or more | none set for this tier § 56-5-2930(A)(4) | Interlock for life § 56-5-2990(A)(5) | ADSAP § 56-5-2930(H) |
Section 56-5-2930(B) says no part of the minimum sentences may be suspended, and from a second offense the service of the minimum is mandatory, though the judge may let it be served on weekends or at night. For a first offense, subsection (A)(1) lets the court substitute public service for the minimum jail time, served when it does not interfere with work, but cannot force an offender to take public service instead. Subsection (C) says the fine for a first offense must not be suspended. A first offense may be tried in magistrates court, and section 14-25-45 gives municipal courts the criminal jurisdiction of magistrates.
Felony DUI under section 56-5-2945 carries a mandatory fine of $5,100 to $10,100 and 30 days to 15 years when great bodily injury results, and $10,100 to $25,100 and one year to 25 years when death results. No part of the mandatory sentence may be suspended, and probation may not be granted for any of it.
The suspension at the scene: refusal or 0.15
South Carolina’s administrative suspension is narrower than most. Section 56-5-2951 has the Department of Motor Vehicles suspend the license of a driver who refuses a test under section 56-5-2950 or has an alcohol concentration of 0.15 or more. A driver aged 21 or over who tests between 0.08 and 0.15 is not suspended under this section; drivers under 21 have a separate rule in section 56-1-286. Where it applies, the officer issues a notice of suspension that takes effect on the date of the alleged violation.
Within 30 days of that notice the driver may request a contested case hearing before the Office of Motor Vehicle Hearings and, alongside it, either enrol in the Ignition Interlock Device Program or obtain a temporary alcohol license for a $100 fee, which allows driving without restrictions until the hearing is decided. A driver who does not request the hearing waives it, and the suspension continues for its full period.
The hearing is limited by statute to whether the person was lawfully arrested or detained, was given a written copy of and verbally told the implied consent rights, refused the test, or took it and the reading was 0.15 or more, the operator was qualified, the test was properly administered and the machine was working. The Department and the arresting officer carry the burden of proof.
The same diagram as a table
| Step | Criminal case — decided by a court | License case — decided by a state agency |
|---|---|---|
| 1 | Arrest and booking, hour 0 | Notice of suspension served, day 0 |
| 2 | Charge filed by the prosecutor | Deadline to demand a hearing: 7 to 30 days in the eight states on this site that use an agency hearing |
| 3 | First court setting, on a date the court picks | Hearing held if the request was filed — whether the suspension waits for the ruling is set by each state's statute |
| 4 | One or more pretrial settings | Suspension takes effect automatically with no hearing |
| 5 | Trial, plea or dismissal | — |
| Clock | Weeks to months. No filing deadline runs against the driver. | Counted in days from the notice, and fixed by statute. |
| What happened | First time | With a prior in 10 years (second offense) | Authority |
|---|---|---|---|
| Test at 0.15 or more | 1 month | 2 months | S.C. Code § 56-5-2951(I) |
| Refused the test | 6 months | 9 months | S.C. Code § 56-5-2951(I) |
The periods in section 56-5-2951(I) are short by comparison with other states: with no prior in ten years, one month for a reading of 0.15 or more and six months for a refusal; two months and nine months for a second offense; three and twelve for a third; four and fifteen for a fourth or later. A driver may end the suspension early by enrolling in the Ignition Interlock Device Program.
Ten years, with one five-year exception
For sentencing, section 56-5-2930(D) counts only violations within ten years, including and immediately preceding the date of the last violation. Section 56-5-2990 uses the same ten-year rule for the license, with one exception: a third offense within five years of the first raises the interlock period from three years to four.
The administrative suspension counts more than convictions. Section 56-5-2951(I) treats a driver as having a prior if there was a previous conviction or a previous suspension under the implied consent, under-21 or conviction sections within the ten years before.
The interlock is how a conviction suspension ends
After a conviction, section 56-5-2990 has the Department suspend the license, and for each offense the way out is the same: enrol in the Ignition Interlock Device Program, end the suspension, and drive on an interlock-restricted license — for six months after a first offense, two years after a second, three years after a third (four if it came within five years of the first) and for life after a fourth or later. Section 56-5-2941 makes the device a requirement on any vehicle the person drives, except a moped or motorcycle, but not for a person whose breath test read 0.00.
| Situation | Term | Authority |
|---|---|---|
| First conviction | 6 months | S.C. Code § 56-5-2990(A)(2) |
| Second conviction | 2 years | S.C. Code § 56-5-2990(A)(3) |
| Third conviction | 3 years (4 within 5 years of the first) | S.C. Code § 56-5-2990(A)(4) |
| Fourth or later | Life | S.C. Code § 56-5-2990(A)(5) |
No expungement, and no pretrial intervention
Two statutes close the usual exits. Section 17-22-50 lists who may not be considered for pretrial intervention, South Carolina’s diversion program, and a person charged with driving under the influence or with an unlawful alcohol concentration is on the list. And section 22-5-910, which allows a conviction for a minor offense to be expunged after three years, says in terms that it does not apply to an offense involving the operation of a motor vehicle.
A South Carolina DUI conviction therefore stays on the record, and it stays a prior for ten years of sentencing purposes.
What a South Carolina DUI lawyer is actually working with
A reading that sets the tier, a video that the statute requires, and thirty days if the reading was 0.15 or there was a refusal.
The video is South Carolina’s distinctive piece. Section 56-5-2953 requires the recording at the incident site to begin no later than the activation of the blue lights and to include the field sobriety tests and the arrest, and the breath-test-site recording to include the whole test, the person being told of the recording and the right to refuse, and the 20-minute waiting period before the test. A missing recording is not alone grounds for dismissal if the officer files a sworn affidavit explaining it — inoperable equipment, an emergency, or exigent circumstances — but the court may weigh the totality of the circumstances, and the defense may offer evidence about the failure.
The test itself has statutory conditions too: section 56-5-2950 requires the breath sample within two hours of the arrest, by a certified operator, after a 0.08 simulator test reading between 0.076 and 0.084.
Where the case is actually heard
Common questions about South Carolina DUI law
How long do I have to request a hearing after a South Carolina DUI arrest?
Thirty days from the notice of suspension to request a contested case hearing before the Office of Motor Vehicle Hearings, under S.C. Code 56-5-2951(B). The suspension applies only after a refusal or a reading of 0.15 or more, and starts on the date of the arrest.
What is a temporary alcohol license in South Carolina?
A license the Department of Motor Vehicles issues for a $100 fee, alongside a hearing request, that lets the driver drive without restrictive conditions until the contested case hearing is decided, under S.C. Code 56-5-2951(B)(1)(c).
What is the penalty for a first DUI in South Carolina?
Under 56-5-2930(A)(1): a $400 fine or 48 hours to 30 days below 0.10; $500 or 72 hours to 30 days from 0.10 to under 0.16; $1,000 or 30 to 90 days at 0.16 or more. Public service may replace the minimum jail time, and the fine cannot be suspended.
Does a DUI arrest in South Carolina have to be on video?
Yes. S.C. Code 56-5-2953 requires the incident site, from no later than the blue lights, including field sobriety tests and the arrest, and the entire breath test procedure to be video recorded. A missing recording requires a sworn explanation from the officer.
Can I get a South Carolina DUI expunged?
No. S.C. Code 22-5-910(A) says its expungement provision does not apply to an offense involving the operation of a motor vehicle, and 17-22-50 excludes DUI from pretrial intervention.
How long is the interlock after a South Carolina DUI?
Six months after a first conviction, two years after a second, three after a third (four if within five years of the first), and life after a fourth (S.C. Code 56-5-2990).
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More for South Carolina
- Charleston — which court hears the case, and what the first weeks look like on the ground
- Columbia and Richland and Lexington Counties — which court hears the case, and what the first weeks look like on the ground
- What the charge is called in each state — the terminology table, and why searching the wrong acronym returns the wrong penalty
- How long it stays on your record — the three separate records a single arrest creates
- Expungement, sealing and set aside — which of the three, if any, exists in South Carolina
- Refusing the test — what implied consent costs here against what it buys
- SR-22 insurance after a South Carolina suspension — what the filing certifies and how long the state holds you to it
- Ignition interlock requirements — when South Carolina orders the device, for how long, and what driving without it costs
- DUI classes and evaluations — the program attached to the sentence, its deadline, and what not finishing costs
- Field sobriety tests in South Carolina — a field test, and never a BAC, per Sullivan (1993)
Sources
- S.C. Code § 56-5-2933(A) — read in force 2026
- S.C. Code § 56-5-2951(B)(1) — read in force 2026
- S.C. Code § 56-5-2930 — read in force 2026
- S.C. Code § 56-5-2945 — read in force 2026
- S.C. Code § 56-5-2953 — read in force 2026
- S.C. Code § 56-5-2950(A) — read in force 2026
- S.C. Code § 56-5-2990(A) — read in force 2026
- S.C. Code § 56-5-2941 — read in force 2026
- S.C. Code § 22-5-910(A) — read in force 2026
- S.C. Code § 17-22-50 — read in force 2026
- S.C. Code § 14-25-45 — read in force 2026
Each entry names the section that carries the figure and the document that was actually opened to read it. Where the two differ, the state’s own publication is linked as well. Statutes change; check the linked text before relying on a number from any website, including this one.