Picture this: you’re driving home after dinner with friends in Charleston or Greenville. You see blue lights flashing in your rear-view mirror. In a matter of minutes, you’re standing on the side of the road, answering questions, and being asked to take a breath test.
For thousands of drivers each year, this scenario becomes the start of a criminal case that can affect far more than just a weekend. DUI laws in South Carolina carry penalties that touch your license, your bank account, your job prospects, and in some cases, your freedom.
At Labbe Legal Service, we understand the serious consequences of DUI charges. This blog will walk you through DUI laws in South Carolina, giving you the information you need if you or someone you care about is facing DUI charges.
How South Carolina Defines DUI
Under South Carolina Code § 56-5-2930, you can be charged with Driving Under the Influence if your ability to operate a vehicle is “materially and appreciably impaired” by alcohol or drugs.
- For drivers 21 and older: A blood alcohol concentration (BAC) of 0.08% or higher meets the legal threshold for a DUI charge.
- For commercial drivers: The limit is 0.04% or higher.
- For drivers under 21: The limit drops to 0.02%, reflecting the state’s zero-tolerance policy for underage drinking and driving.
Even if your BAC is below these numbers, you can still be charged if an officer believes your driving shows signs of impairment. This often comes into play in drug-related DUI cases, where no alcohol is involved but a blood or urine test indicates the presence of impairing substances.
What’s Changed in 2025
While the basic definition hasn’t changed, several updates affect how DUI laws in South Carolina are enforced this year:
- Ignition Interlock Devices (IIDs): As of May 19, 2024, South Carolina’s “All Offender Law” mandates the installation of an IID for all individuals convicted of DUI, regardless of BAC level. This requirement applies to first-time offenders and is irrespective of BAC level. Drivers must complete the program before obtaining a non-restricted license.
- Bond Conditions: Some counties have implemented stricter bond conditions, such as alcohol monitoring devices, for defendants awaiting trial. These changes mean that penalties you might find in older online resources may no longer reflect what courts are imposing today.
Penalties for a DUI Conviction in South Carolina
Consequences depend on factors such as your BAC, prior record, and whether aggravating circumstances are involved. Here’s how the law breaks it down:
- First Offense: Fine of $400–$1,000, 48 hours to 30 days in jail, 6-month license suspension.
- Second Offense: Fine of $2,100–$5,100, 5 days to 1 year in jail, 1-year license suspension.
- Third Offense: Fine of $3,800–$6,300, 60 days to 3 years in jail, 2-year license revocation.
Judges may also order completion of the Alcohol and Drug Safety Action Program (ADSAP). High BAC levels can trigger additional penalties, including mandatory ignition interlock installation.
License Suspension and the Implied Consent Law
South Carolina’s implied consent law (South Carolina Code § 56-5-2950) means that by driving in the state, you’ve already agreed to take a chemical test if you’re lawfully arrested for DUI. Refusing a breath, blood, or urine test leads to an immediate suspension, separate from any criminal penalties.
- First Refusal: Typically six months.
- Second Refusal within ten years: Longer suspension periods apply.
In many cases, you can request a hearing to challenge this action, but you have a limited time, usually 30 days to do this.
Field Sobriety and Chemical Testing
Officers often rely on three standardized field sobriety tests: the walk-and-turn, the one-leg stand, and the horizontal gaze nystagmus test, which tracks eye movement. Factors such as poor lighting, uneven pavement, or medical issues can affect performance, making these tests less than perfect indicators.
Chemical tests, most often breath tests, are used to measure BAC. Blood and urine tests may be ordered when drugs are suspected. You have the right to request your own independent test at your own expense, a detail many drivers aren’t told at the time of arrest.
Defenses That Can Arise in DUI Cases
Not every DUI charge ends in a conviction. Problems with the legality of the traffic stop, mistakes in test administration, or evidence that a medical condition influenced BAC readings can be significant. Even the time that passes between driving and testing can matter. In some cases, challenging these details can lead to reduced charges or a dismissal.
Because DUI cases can be complex, it’s essential to consult with an experienced DUI defense attorney. A skilled attorney can analyze the details of your case, identify weaknesses in the prosecution’s evidence, and help you understand your options. I
How a DUI Conviction Can Affect Your Life
The impact of a DUI reaches beyond the courtroom. Many employers conduct background checks that flag criminal convictions, and some industries, such as trucking, education, and healthcare, have strict rules for employees with DUI records. Insurance rates almost always rise sharply.
Travel plans can be affected, too. Countries such as Canada may refuse entry to travelers with certain DUI convictions, even years after the offense.
Real-Life Scenarios from South Carolina
- University Student Faces DUI Penalties: A student from the University of South Carolina was arrested with a BAC of 0.09%. Despite the legal consequences, including a license suspension, they were able to complete the Alcohol and Drug Safety Action Program (ADSAP), pay a fine, and reduce the duration of their suspension.
- Commercial Driver Loses CDL: In Greenville, a truck driver with a BAC of 0.05% below the standard DUI threshold for most drivers lost their commercial driver’s license (CDL). This occurred due to the stricter 0.04% limit for commercial drivers, showing how even a small amount over the limit can have major professional consequences.
- Third DUI Conviction Results in Severe Penalties: In Charleston, an individual facing their third DUI conviction within a ten-year period faced not only a felony record but also years of license revocation and vehicle forfeiture, demonstrating the long-term impact of repeat offenses.
Steps to Take if You’re Facing a DUI Charge
If you’ve been charged with DUI in South Carolina, acting quickly can make all the difference. Here’s what you need to do:
- Request an Administrative Hearing – You have a limited timeframe to request a hearing to challenge your license suspension. In South Carolina, you typically have 30 days from the date of your arrest to submit this request. Don’t wait, take action immediately.
- Collect All Arrest Documentation – Gather any paperwork related to your arrest, including the citation, breathalyzer results, and police reports. This information will be crucial in building your defense.
- Identify Witnesses – Make a list of any potential witnesses who were present at the time of your arrest. Their testimony could help clarify important details and support your case.
- Consult with a DUI Defense Attorney – Schedule a consultation with an experienced DUI defense attorney who is familiar with South Carolina DUI laws. A skilled lawyer will understand the local court system and can guide you through the legal process, helping you explore the best defense options.
Taking these steps as soon as possible will give you the best chance to challenge the charges and protect your rights.
FAQs About Refusing a Breathalyzer Test in South Carolina
According to the National Highway Traffic Safety Administration (NHTSA), about 25% of drivers nationwide refuse breath tests. In South Carolina, that decision can change the entire course of a DUI case. While it sometimes removes chemical evidence, it also sets off penalties that extend far beyond just your license.
Can you refuse a Breathalyzer test in South Carolina?
Yes, but refusal comes with immediate consequences. South Carolina follows an “implied consent” law (South Carolina Code § 56-5-2950), which means that by driving on state roads, you are deemed to have already agreed to chemical testing.
Police cannot physically force you to blow into the device, and the statute specifically says a motorist “does not have to take the test.” However, exercising that right leads to automatic penalties, most notably the suspension of your license.
Many drivers don’t realize that refusal may protect them from providing chemical evidence, but it almost always creates new legal issues that must be addressed quickly with an attorney.
What happens if you refuse a Breathalyzer test in South Carolina?
The most common outcome is a six-month driver’s license suspension for a first refusal. If you have a prior refusal or DUI within the past ten years, the suspension period will be longer. Prosecutors can also introduce your refusal as evidence in court, arguing that you refused because you knew you were impaired.
Unlike remaining silent, which cannot be used against you, refusal is treated differently because of South Carolina’s implied consent laws. Beyond the courtroom, the suspension can disrupt every part of daily life, from getting to work to caring for family members. Because of this, many people who refuse end up needing to explore temporary driving privileges or ignition interlock programs.
Is refusing a Breathalyzer test ever a good idea?
In some cases, yes. Refusing all tests, like breath, blood, and urine, may prevent prosecutors from obtaining any chemical evidence of intoxication. Without this evidence, the state’s case depends on officer observations, which can be challenged as subjective or unreliable. This can sometimes improve defense strategies.
However, refusal carries serious trade-offs, including license loss, higher insurance costs, and the possibility of harsher penalties if you are later convicted. Choosing to refuse is a legal strategy with risks and should not be done without fully understanding the consequences. The smartest step is to consult with a DUI defense attorney before deciding how refusal might impact your case.
Can you still drive after refusing a Breathalyzer test?
Yes, in certain circumstances. Many drivers qualify for a Temporary Alcohol License (TAL), which allows them to continue driving for essential purposes while their case moves forward. Others may enter the Ignition Interlock Program, which permits them to drive with restrictions if they install a device that prevents their car from starting after alcohol use.
These programs help limit the disruption caused by a suspension, but they come with rules and costs of their own. It’s important to act quickly after a refusal, because you usually have only 30 days to request a hearing or apply for these alternatives. A DUI attorney helps guide you toward the option that best protects your rights.
Does refusing a Breathalyzer test go on your criminal record?
No. Unlike some states, South Carolina does not treat test refusal as a separate crime. Refusal is considered an administrative violation, much like a traffic offense. That said, it almost always occurs alongside a DUI arrest. If you are later convicted of DUI, the refusal becomes part of the evidence against you and can affect sentencing.
Even without a conviction, the suspension tied to your refusal can affect job opportunities, insurance rates, and your ability to travel freely. It’s important to remember that while refusal itself won’t create a criminal record, it often complicates the larger DUI case you are facing.
How Labbe Legal Service Can Help
DUI laws in South Carolina are serious, but you do have options. The law allows you to challenge evidence, present your side, and work toward the best possible outcome.
At Labbe Legal Service, we work with clients across South Carolina to defend against DUI charges and protect what matters most: your driving privileges, your record, and your future. Our attorneys handle cases involving Breathalyzer refusals, license suspensions, ignition interlock programs, and all aspects of DUI defense.
We understand how even a single decision, such as whether to take a test, can reshape your case. Our focus is on protecting your rights and helping you pursue the strongest result available.
We represent clients throughout Greenville, Spartanburg, York, Union, Laurens, and Cherokee County, and our team understands the local courts, the statutes, and the practical realities of these cases.
If you’ve been charged under DUI laws in South Carolina, schedule a consultation today. The sooner you start, the more options you’ll have.