| South Carolina was known as having some of the | | | | BAC 0.16 and aboveo Mandatory minimum 3 years in |
| most lenient punishments for driving under the influence | | | | jailo May be sentenced up to 7 years in jail |
| (DUI) in the country. As the number of alcohol-related | | | | Refusal to Take a Breathalyzer |
| fatalities in automobile accidents climbed, however, the | | | | Anyone suspected of drunk driving who refuses to |
| state legislature decided that enough was enough and | | | | take the breathalyzer will have his or her license |
| passed sweeping changes to South Carolina's DUI | | | | automatically suspended for six months (under the |
| laws in 2008. These changes came into effect | | | | previous law, it was three months). Anyone who has a |
| February 10, 2009. | | | | BAC reading of 0.15 or greater also automatically loses |
| Under the 2009 changes, penalties for DUI convictions | | | | his or her driver's license for six months. The length of |
| are determined based on the driver's blood alcohol | | | | license suspension time increases with each |
| content (BAC) level. The higher the BAC, the more | | | | subsequent DUI conviction. For example, a second-time |
| severe the possible punishments. An outline of these | | | | offender who refused to take the breathalyzer each |
| changes is provided below. | | | | time will have his or her license automatically |
| First DUI Conviction | | | | suspended for nine months. |
| The court cannot suspend the fine for a first-time | | | | Felony DUI |
| conviction or offer a lower amount than required by | | | | A felony DUI may now be charged in any |
| state law. | | | | alcohol-related accident that causes great bodily injury |
| BAC 0.08-0.09o 2-30 days in jail OR 48 hours of | | | | or death to another person where the injury or death |
| community serviceo $400 fine | | | | is caused by the actions of the impaired driver. "Great |
| BAC 0.10-0.15o 3-30 days in jail OR 72 hours of | | | | bodily injury" is defined under the statute as injury that |
| community serviceo $500 fine | | | | "creates a substantial risk of death or which causes |
| BAC 0.16 and aboveo 30-60 days in jail OR 30 days | | | | serious, permanent disfigurement, or protracted loss or |
| of community serviceo $1,000 fine | | | | impairment of the function of any bodily member or |
| Second DUI Conviction | | | | organ." |
| In overhauling the DUI laws, the legislature removed the | | | | The fines for causing great bodily injury range from |
| possibility of performing community service in lieu of jail | | | | $5,100-$10,100. Jail time can range from a mandatory |
| time for second-time and subsequent DUI offenders. | | | | minimum of 30 days to 15 years. |
| The court also may not suspend the fine for | | | | Drivers convicted of felony DUI in accidents that led to |
| second-time offenders, but it may lower the fine to | | | | the death of another, however, face much more |
| $1100. Second-time and subsequent offenders also will | | | | severe penalties: up to $25,000 in fines and up to 25 |
| be required to serve minimum mandatory jail time and | | | | years in prison. Judges must impose the mandatory |
| are subject to suspension and surrender of their | | | | minimum sentences and may not offer probation to |
| vehicle registrations and license plates. | | | | those convicted of felony DUI. |
| BAC 0.08-0.09o Mandatory minimum 5 days in jailo | | | | Mandatory Counseling |
| May be sentenced up to 1 year in jailo $2,100-$5,100 | | | | Even first-time offenders now must successfully |
| fine | | | | complete an Alcohol and Drug Safety Action Program |
| BAC 0.10-0.15o Mandatory minimum 30 days in jailo | | | | certified by the Department of Alcohol and Other Drug |
| May be sentenced up to 2 years in jailo $2,500-$5,500 | | | | Abuse Services as a condition of their sentence for a |
| fine | | | | DUI conviction. Before enrolling in a program, each DUI |
| BAC 0.16 and aboveo Mandatory minimum 90 days in | | | | offender is evaluated to determine whether an |
| jailo May be sentenced up to 3 years in jailo | | | | education course, treatment or both are necessary. |
| $3,500-$6,500 fine | | | | DUI offenders are required to pay for the program out |
| Third DUI Conviction | | | | of pocket, which may cost up to $2500. Those who |
| BAC 0.08-0.09o Mandatory minimum 60 days in jailo | | | | fail to enroll in an acceptable program within 30 days |
| May be sentenced up to 3 years in jailo $3,800-$6,300 | | | | of their conviction may be held in contempt of court. |
| fine | | | | Underage Drinkers |
| BAC 0.10-0.15o Mandatory minimum 90 days in jailo | | | | Drivers under 21 years of age who are convicted of |
| May be sentenced up to 4 years in jailo $5,000-$7,000 | | | | DUI will have their driver's licenses suspended for six |
| fine | | | | months for a first time conviction. If they are convicted |
| BAC 0.16 and aboveo Mandatory minimum 6 months | | | | of DUI a second time within five years of the first |
| in jailo May be sentenced up to 5 years in jailo | | | | conviction, they will lose their licenses for one year. |
| $7,500-$10,000 fine | | | | Drive Carefully |
| Fourth and Subsequent DUI Conviction | | | | Before getting behind the wheel, consider South |
| BAC 0.08-0.09o Mandatory minimum 1 year in jailo May | | | | Carolina's harsh punishments for DUI. If you have been |
| be sentenced up to 5 years in jail | | | | arrested for DUI, be sure to consult an attorney for |
| BAC 0.10-0.15o Mandatory minimum 2 years in jailo | | | | advice. |
| May be sentenced up to 6 years in jail | | | | |