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February 18th, 2010 admin Leave a comment Go to comments

South Carolina Cracks Down on DUI

South Carolina was known as some of the most flexible penalties for driving under the influence (DUI) in the country. Since the number alcohol-related deaths in car accidents climbed, but the state legislature has decided that enough was enough and passed major changes in the DUI laws in South Carolina 2008. These changes came into effect February 10, 2009.

Under the 2009 amendments, penalties for DUI convictions are determined based on the driver's blood alcohol (BAC) level. The higher the BAC, the greater the possible punishment. A summary of these changes is below.

First DUI Conviction

The court may not suspend the fine for a first conviction or offer a lower amount than required by state law.

BAC 0.08-0.09

  • 2-30 days in prison or 48 hours of community service
  • $ 400 fine

BAC 0.10-0.15

  • 3-30 days in jail or 72 hours community service
  • $ 500 fine

BAC 0.16 and higher

  • 30-60 days in jail or 30 days of community service
  • 1,000 U.S. dollars fine

Second DUI Conviction

The revision of the DUI laws, the legislature removed the possibility of performing services for the community rather than prison time for second and subsequent DUI offenders. The judge not suspend the penalty for second offenders, but it may lower the fine to $ 1100. Second-time and subsequent offenders also will be required to serve a minimum mandatory jail time and are subject to suspension and return of their vehicle registrations and license plates.

BAC 0.08-0.09

  • Mandatory minimum 5 days in jail
  • May be sentenced to 1 years in prison
  • 2,100 U.S. dollars - $ 5100 fine

BAC 0.10-0.15

  • Mandatory minimum 30 days in jail
  • May be sentenced to 2 years in the prison
  • $ 2,500 - $ 5500 fine

BAC 0.16 and higher

  • Mandatory minimum 90 days in jail
  • May be sentenced to 3 years in prison
  • $ 3,500 - $ 6500 fine

Third DUI Conviction

BAC 0.08-0.09

  • Mandatory minimum 60 days in jail
  • May be sentenced to 3 years in prison
  • $ 3800 - $ 6300 fine

BAC 0.10-0.15

  • Mandatory minimum 90 days in jail
  • May be sentenced to 4 years in prison
  • $ 5,000 - $ 7000 fine

BAC 0.16 and higher

  • Mandatory minimum 6 months in prison
  • May be sentenced to 5 years in prison
  • $ 7500 - $ 10,000 fine

Fourth and subsequent DUI Conviction

BAC 0.08-0.09

  • Mandatory minimum 1 years in prison
  • May be sentenced to up to 5 years in prison

BAC 0.10-0.15

  • Mandatory minimum 2 years in prison
  • May be sentenced to 6 years in prison

BAC 0.16 and higher

  • Mandatory minimum 3 years in prison
  • Can be sentenced to 7 years in prison

Refusal to a Breathalyzer

Anyone suspected of driving under the influence, refusing to take the Breathalyzer will his or her license automatically suspended for six months (in the previous law, it was three months). Anyone a BAC reading of 0.15 or more automatically loses his or her license for six months. The length of the license suspension period increases with each subsequent DUI conviction. For example, half time offender who refused to take breath test every time, will be whether her license automatically suspended for nine months.

Felony DUI

A DUI offense can now be charged in an alcohol-related accidents that great bodily injury or death to another person where the injury or death is caused by the actions of the bad driver. "Great bodily injury" is defined in the statute as damages "creates a substantial risk of death or serious, permanent mutilation, or protracted loss or impairment of the function of any bodily member or organ. "

The penalties for causing great bodily injury range from $ 5100 - $ 10,100. Jail time can vary of a mandatory minimum of 30 days to 15 years.

Drivers convicted of DUI offenses in accidents which led to the death of another, however, face much stricter penalties: up to $ 25,000 in fines and up to 25 years in prison. Judges must impose the mandatory minimum sentences and probation may not be offered to those convicted DUI offense.

Mandatory Counseling

Even first time offenders now must successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services as a condition of sentence for a DUI conviction. Before enrolling in a program is evaluated every DUI offender to determine whether a training courses, treatment or both are necessary. DUI offenders are required to pay out of pocket for the program, which can cost up to $ 2500. Those who do not subscribe in an acceptable program within 30 days after their sentencing to be held in contempt of court.

Underage Drinkers

Drivers under 21 years who are convicted of DUI will have their license suspended for six months for a first conviction. If they half time DUI offender within five years after the first conviction, they will lose their licenses for one years.

Drive carefully

Before you get behind the wheel, South Carolina considering severe penalties for DUI. If you are arrested for DUI, you need a lawyer to consult for advice.


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