Navigating the complex landscape of DUI laws in South Carolina can be overwhelming, especially when facing charges. As a driver, understanding your rights and the nuances of these laws is crucial for protecting your future. Whether you’re dealing with a first-time offense or a more complex situation, knowing the legal limits, potential consequences, and your options for defense can make a significant difference in the outcome of your case.
This comprehensive guide aims to clarify key aspects of South Carolina’s DUI laws, from BAC limits to license reinstatement processes.
What Alcohol Level is Considered Illegal?
In South Carolina, the legal Blood Alcohol Concentration (BAC) limits are:
- 0.08% for drivers 21 and older
- 0.02% for drivers under 21
- 0.04% for commercial drivers
It’s important to keep in mind that these are “per se” limits, meaning a driver can still be charged with DUI even if their BAC is below these limits. South Carolina law prohibits driving while under the influence to the extent that a person’s driving abilities are “materially and appreciably impaired.” So, simply put, any amount of alcohol that impairs driving ability can potentially lead to a DUI charge.
For a BAC between 0.05% and 0.08%, this level can be used with other evidence to determine if you were under the influence, such as a witness statement, a video from a dash camera, statements made at the traffic spot, etc.
Is DUI a Felony?
The short answer to whether DUI is a felony in South Carolina is both yes and no. Let’s explain more in detail. Typically, DUI charges in South Carolina are misdemeanors, resulting in less severe punishments. These include a minimum of two days imprisonment or public service, up to one month in jail, fines up to $400 fine, and potential driver’s license suspension for up to six months (for first-time DUI offenders).
However, certain situations are automatically categorized as a DUI felony:
- Causing Death or Serious Injury: If the impaired driver’s actions result in great bodily harm or death to another person, whether a passenger in their car or another individual. This DUI felony can result in mandatory prison time of between 30 days and 25 years, and fines ranging from $5,100 to $25,100, depending on the severity of the outcome.
- Transporting a Minor Passenger: If the impaired driver is transporting a passenger under 16 years old, the DUI charge is elevated to a DUI felony and includes a child endangerment charge. Penalties include imprisonment of up to half the time associated with the DUI charge and fines up to half the maximum DUI fine.
- Third DUI offense: A third DUI conviction is automatically classified as a felony, with potential consequences including up to three years in prison, fines up to $12,000, and a driver’s license suspension for up to 24 months (for BAC below 0.10%). Penalties can be more severe with higher blood alcohol levels.
Can You Get a DUI on a Bike?
Here too, the answer to whether you can get a DUI on a bike is yes and no, depending on the bike’s motor power. In South Carolina, the state’s drunk driving law applies only to motorized vehicles. Therefore, you cannot receive a DUI if your bicycle is human-powered (pedal-powered). However, if your bike is powered by gas or electricity (like a motorcycle), you are subject to the same DUI laws as any other motor vehicle driver, and may be required to perform a field sobriety test if stopped.
It’s important to note that while you might not face a DUI charge for cycling under the influence, you could still face other criminal charges. Public intoxication, known as “public drunkenness,” is a misdemeanor offense in South Carolina. It can result in a maximum jail sentence of 30 days and a fine of up to $500.
How Long Does a DUI Stay on Your Record?
In South Carolina, a DUI conviction remains on your criminal record permanently and cannot be expunged. The conviction will stay on your driving record for 10 years; however, after this 10-year period, provided there are no additional offenses or DUI charges, the conviction will no longer appear on your driving record. This means your driving privileges will be restored, and you will once again have a clean driving record.
Can My License Be Reinstated after a DUI Revocation or Suspension?
A DUI conviction is a common reason for license suspension or revocation in South Carolina, with the duration typically ranging from six months to three years, depending on your driving history and the severity of the offense. Once the suspension or revocation period is over, you can apply for license reinstatement with the South Carolina Department of Motor Vehicles (SCDMV).
To reinstate your driver’s license after a DUI, you must:
- Complete an Alcohol and Drug Safety Action Program, which has an enrollment fee of $500.
- Pay a $100 reinstatement fee.
- Provide an SR-22 insurance certificate from your insurer, proving you have liability coverage. This certificate must be maintained for a specific period, usually at least three years.
If you have multiple DUI offenses, you may also be required to install an ignition interlock device (IID), which tests for alcohol or other drugs in your system before allowing your vehicle to start.
What Are the IID and the “All Offender Law”?
The “All Offender Law” and Ignition Interlock Device (IID) program are set to reshape South Carolina’s approach to drunk driving prevention starting May 19, 2024. This new legislation mandates that all drivers convicted of DUI, regardless of their BAC, must participate in the IID program.
The IID functions as a temporary breathalyzer installed in a vehicle, requiring the driver to blow into it before starting the car. If the device detects a BAC of 0.02% or higher, the vehicle will not start. Additionally, the IID will prompt for random breath samples while driving to ensure the driver has not consumed alcohol after starting the vehicle with a clean breath sample. Under the new law, first-time DUI offenders must have the IID installed for six months, while second-time offenders face a one-year requirement.
This new legislation expands on a 2014 law that only required IIDs for repeat offenders or those with a BAC at least twice the legal limit.
What Happens When You Get a DUI?
When you get a DUI in South Carolina, the immediate consequences can be severe and far-reaching, with implications including arrests and jail time, hefty fines, license suspension, and mandatory participation in an Alcohol and Drug Safety Action Program. Additionally, your insurance rates will likely increase. For multiple offenses, and depending on the severity of your offense and your prior record the penalties become significantly harsher.
The implementation of the new All Offender Law is a clear indication that DUI laws in South Carolina are becoming increasingly stringent. Given that DUI convictions remain on your record permanently and can profoundly impact your life, it is crucial to seek the assistance of a criminal defense or DUI lawyer. An experienced attorney can help get your case dismissed or your charges reduced.
At Bluestein Attorneys, we’ve handled a variety of criminal defense cases, including DUI, drug offenses, property crimes, and more. To schedule your FREE consultation, call us at (803) 674-8817 or contact us online anytime! We are ready to sit down with you, discuss the specifics of your case, and advise you on the best steps to take next. At Bluestein Attorneys, we’re here to help.
