South Carolina Impaired Driving Laws

What The SC Impaired Driving Laws Really Mean For You

Arrested or facing a license suspension? Don’t surrender your future. Call Drennan Law Firm at 843-352-4149 now for a free, no‑obligation case review. Former prosecutors. We move fast to protect your license, attack the stop and tests, and fight your charges. Available 24/7.

Below is a summary of the South Carolina Department of Public Safety page on Impaired Driving.

• DUI vs. DUAC (two different charges)
  • DUI: The state must prove your ability to drive was “materially and appreciably” impaired by alcohol or drugs. A BAC of 0.08% or higher lets a court infer impairment; 0.05–0.079% can be considered with other evidence.
  • DUAC (“illegal per se”): Driving at 0.08% BAC or higher, regardless of how you looked. Penalties mirror DUI.
• Penalties escalate fast
  • 1st offense: Fines that can approach $1,000 with surcharges, possible 48 hours to 30 days jail, 6‑month license suspension.
  • 2nd offense: Much higher fines, 5 days to 1 year in jail, 1‑year suspension.
  • 3rd offense: Higher fines, 60 days to 3 years jail; 2–4 years’ suspension depending on timing; vehicle confiscation in some repeat scenarios.
  • 4th or more: 1–5 years in prison; permanent license revocation.
• Felony DUI (injury or death)
  • Great bodily injury: Mandatory hefty fines and 30 days up to 15 years in prison.
  • Death: Mandatory hefty fines and 1 to 25 years in prison.
• Implied consent and automatic suspensions
  • By driving in SC, you’re deemed to have consented to breath/blood/urine testing if you’re lawfully accused.
  • Refuse the test? If you’re 21+, your license is automatically suspended 90 days (180 days with certain prior alcohol‑related history). Separate from your criminal case.
  • Administrative license revocation (ALR): A refusal or a BAC of 0.15%+ (0.02%+ if under 21) triggers an automatic suspension. You must act quickly to challenge it, deadlines are short (often 30 days).
• Zero tolerance (under 21)
  • Any measurable alcohol (0.02%+ BAC) while driving can cost you your license, even without a DUI conviction.
• Open container rules
  • Beer/wine or liquor can’t be open in a moving vehicle unless it’s in the trunk/luggage area. Violations carry fines or up to 30 days in jail.
• Checkpoints and stops
  • Officers can stop you for a traffic violation and investigate impairment based on observed signs.
  • Sobriety/public safety checkpoints are lawful when conducted under neutral, pre‑set rules (licenses, registration, insurance, equipment, and impairment checks).
• “Sober or Slammer”
  • A state campaign that ramps up enforcement and publicity to deter impaired driving, expect extra patrols and checkpoints.

Quick Q&A, Straight Answers

• What is BAC? It’s how much alcohol is in your system. Breath tests are commonly used to estimate it.
• How does alcohol affect driving? It reduces judgment, slows reactions, and harms vision. Risk of a crash rises sharply as BAC increases.
• How many drinks until I’m impaired? It varies by body size, sex, stomach contents, and time. There’s no safe “number” of drinks, assume less is more.
• Is beer “safer” than liquor? No. A standard drink of beer, wine, or liquor has similar alcohol content. Impairment depends on total alcohol over time.
• When and with whom do alcohol‑related crashes spike? Nights and weekends. Historically higher among men ages 21–40.
• What’s the goal of these laws? Deterrence; publicized, visible enforcement to make people think twice before driving after drinking.

What This Means For You Right Now

• A breath test over 0.08 or a refusal doesn’t equal a conviction. We attack the stop, the field tests, the machine, the video, and the paperwork.
• License on the line? You have a short window (often 30 days) to demand a hearing and pursue a temporary license. Miss it and you could be sidelined.
• Under 21 or high BAC (0.15%+)? Special rules and suspensions apply, move fast.

Aggressive Defense Starts Today. Avoid jail time. Minimize costly penalties. Protect your license and your reputation. Call Drennan Law Firm at 843-352-4149 or email us now for a free, no‑obligation case review. Former prosecutors. We defend hundreds of DUI and traffic cases throughout South Carolina every year. Don’t delay.