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Rock Hill, SC 29730 Both DUAC and DUI are criminal offenses and they both carry jail time. The person is not eligible for a provisional license pursuant to Article 7, Chapter 1, Title 56. Is your BAC enough to warrant a conviction? South Carolina Drunk Driving Laws and Penalties. You will be sentenced to these consequences only after a prosecutor has proved your guilt beyond a reasonable doubt and you have been found guilty of an impaired driving offense. A bill, S.36, was passed by the state Senate on Wednesday after they agreed to changes made in the House. (M) A person whose driver's license or permit is suspended pursuant to this section is not required to file proof of financial responsibility. The solicitor or his designee within thirty days may respond to the petition and demand a hearing on the merits of the petition. A DUI is a first offense in South Carolina if the driver has no prior DUI convictions that occurred within the past ten years. (H)(1) The person shall have the device inspected every sixty days to verify that the device is affixed to the motor vehicle and properly operating, and to allow for the preparation of an ignition interlock device inspection report by the service provider indicating the person's alcohol content at each attempt to start and running retest during each sixty-day period. When an accident results in great bodily injury, potential penalties include more than $20,000 in financial liability and anywhere from 30 days to 15 years of imprisonment. Say youre above 21 years old but your BAC level is lower than 0.08%. The cost may not exceed five hundred dollars for education services, two thousand dollars for treatment services, and two thousand five hundred dollars in total for all services. TO AMEND SECTION 56-1-286 OF THE 1976 CODE, RELATING TO THE SUSPENSION OF A LICENSE OR PERMIT OR DENIAL OF ISSUANCE OF A LICENSE OR PERMIT TO PERSONS UNDER THE AGE OF TWENTY-ONE WHO DRIVE MOTOR VEHICLES AND HAVE A CERTAIN AMOUNT OF ALCOHOL CONCENTRATION, TO ALLOW A PERSON UNDER THE AGE OF TWENTY-ONE WHO IS SERVING A SUSPENSION OR DENIAL OF A LICENSE OR PERMIT TO ENROLL IN THE IGNITION INTERLOCK DEVICE PROGRAM; TO AMEND SECTION 56-1-385(A) OF THE 1976 CODE, RELATING TO THE REINSTATEMENT OF A PERMANENTLY REVOKED DRIVER'S LICENSE, TO LIMIT ITS APPLICATION TO OFFENSES OCCURRING PRIOR TO OCTOBER 1, 2014; TO AMEND SECTION 56-1-400 OF THE 1976 CODE, RELATING TO THE SURRENDER OF A LICENSE AND ENDORSING SUSPENSION AND IGNITION INTERLOCK DEVICE ON A LICENSE, TO REMOVE THE REQUIREMENT THAT A PERSON SEEKING TO HAVE A LICENSE ISSUED MUST FIRST PROVIDE PROOF THAT ANY FINE OWED HAS BEEN PAID, AND TO INCLUDE A REFERENCE TO THE HABITUAL OFFENDER STATUTE; TO AMEND SECTION 56-1-1090(A) OF THE 1976 CODE, RELATING TO REQUESTS FOR RESTORATION OF THE PRIVILEGE TO OPERATE A MOTOR VEHICLE, TO ALLOW A PERSON CLASSIFIED AS A HABITUAL OFFENDER TO OBTAIN A DRIVER'S LICENSE WITH AN INTERLOCK RESTRICTION IF HE PARTICIPATES IN THE IGNITION INTERLOCK DEVICE PROGRAM; TO AMEND SECTION 56-1-1320(A) OF THE 1976 CODE, RELATING TO PROVISIONAL DRIVERS' LICENSES, TO ELIMINATE PROVISIONAL LICENSES FOR FIRST OFFENSE DRIVING UNDER THE INFLUENCE UNLESS THE OFFENSE OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS ACT; TO AMEND SECTION 56-1-1340 OF THE 1976 CODE, RELATING TO THE ISSUANCE OF LICENSES AND CONVICTIONS TO BE RECORDED, TO CONFORM INTERNAL STATUTORY REFERENCES; TO AMEND SECTION 56-5-2941 OF THE 1976 CODE, RELATING TO IGNITION INTERLOCK DEVICES, TO INCLUDE A REFERENCE TO THE HABITUAL OFFENDER STATUTE, REMOVE EXCEPTIONS TO IGNITION INTERLOCK DEVICES FOR OFFENDERS WHO ARE NONRESIDENTS AND FIRST-TIME OFFENDERS OF DRIVING UNDER THE INFLUENCE WHO DID NOT REFUSE TO SUBMIT TO CHEMICAL TESTS AND HAD AN ALCOHOL CONCENTRATION OF FIFTEEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE, REQUIRE DEVICE MANUFACTURERS PAY CERTIFICATION FEES ASSOCIATED WITH IGNITION INTERLOCK DEVICES, PERMIT THOSE DRIVERS WITH PERMANENTLY REVOKED LICENSES AFTER OCTOBER 2014 TO SEEK RELIEF AFTER FIVE YEARS, AND MAKE THE RECORDS OF THE IGNITION INTERLOCK DEVICES THE RECORDS OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; TO AMEND SECTION 56-5-2951 OF THE 1976 CODE, RELATING TO TEMPORARY ALCOHOL LICENSES, TO REQUIRE AN IGNITION INTERLOCK DEVICE RESTRICTION ON A TEMPORARY ALCOHOL LICENSE AND TO DELETE PROVISIONS RELATING TO ROUTE-RESTRICTED LICENSES; AND TO AMEND SECTION 56-5-2990 OF THE 1976 CODE, RELATING TO SUSPENSION OF A CONVICTED PERSON'S DRIVER'S LICENSE AND THE PERIOD OF SUSPENSION, TO REQUIRE AN IGNITION INTERLOCK DEVICE IF A FIRST-TIME OFFENDER OF DRIVING UNDER THE INFLUENCE SEEKS TO END A SUSPENSION. If found to have refused a lawfully-requested test, the court will suspend the driver's license. A person who violates this subsection: (a) for a first offense, is guilty of a misdemeanor, and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year. What happens if you refuse? Under the new DUI bill, the suspension would be six months for BAC levels at 0.20% or higher. If a particular certified device fails to continue to meet federal requirements, the device must be decertified, may not be used until it is compliant with federal requirements, and must be replaced with a device that meets federal requirements. Here are the rules for underage drinking and driving and the consequences of being cited for a violation. This guide to South Carolina DUI laws helps you to understand what to expect when youre accused of driving under the influence. (A)(1) The Department of Motor Vehicles, upon suspending or revoking a license, shall require that the license be surrendered to the department. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. You could negotiate a favorable plea deal to reduce charges, consider a pretrial intervention program to avoid a criminal record or introduce reasonable doubt so you are acquitted of charges. In some cases, you can still be charged if there is evidence that you are driving impaired. But thats because these drivers are not even allowed to be drinking yet. To help support our reporting work, and to continue our ability to provide this content for free to our readers, we receive compensation from the companies that advertise on the Forbes Advisor site. And with that comes even harsher penalties. It is important to understand. (4) A contested case hearing must be held after the request for the hearing is received by the Office of Motor Vehicle Hearings. (F) If a person refuses upon the primary investigating officer's request to submit to chemical tests as provided in subsection (C), the department shall suspend the person's license, permit, or nonresident operating privilege, or deny the issuance of a license or permit to the person for: (2) one year, if the person, within the three years preceding the violation of this section, has been previously convicted of violating Section 56-5-2930, 56-5-2933, 56-5-2945, or a law of another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or other drugs, or the person has had a previous suspension imposed pursuant to Section 56-1-286, 56-5-2951, or 56-5-2990. At the officer's direction, the person first must be offered a breath test to determine the person's alcohol concentration. South Carolina DUI Laws (All You Need to Know this 2023) You've all heard about DUI or driving under the influence. (M) It is unlawful for a person to tamper with or disable, or attempt to tamper with or disable, an ignition interlock device installed on a motor vehicle pursuant to this section. In addition to the civil penalties that result in the suspension of your right to drive, you also face criminal penalties if found guilty of an impaired driving offense. DWI generally stands for "Driving While Impaired" or "Driving While Intoxicated." South Carolina uses the acronym DUI. The ignition interlock device is required to be affixed to the motor vehicle equal to the length of time remaining on the person's suspension or denial of the issuance of a license or permit. The notice of suspension also must advise the person that, if the person does not request a contested case hearing within thirty days of the issuance of the notice of suspension, the person shall enroll in an Alcohol and Drug Safety Action Program, and the person waives the person's right to the contested case hearing, and the suspension continues for the periods provided for in subsections (F) and (G). A one hundred dollar fee must be assessed for obtaining a temporary alcohol license. (I)(J)(1) A test may not be administered or samples taken unless, upon activation of the video recording equipment and prior to the commencement of the testing procedure, the person has been given a written copy of and verbally informed that: (1)(a) the person does not have to take the test or give the samples but that the person's privilege to drive must be suspended or denied for at least six months if the person refuses to submit to the tests, and that the person's refusal may be used against the person in court; (2)(b) the person's privilege to drive must be suspended for at least three months if the person takes the test or gives the samples and has an alcohol concentration of two one-hundredths of one percent or more; (3)(c) the person has the right to have a qualified person of the person's own choosing conduct additional independent tests at the person's expense; (4)(d) the person has the right to request a contested case hearing within thirty days of the issuance of the notice of suspension; and. This article has a handy overview of drunk driving penalties, including license suspensions and the use of ignition interlock devices, in all 50 states as well as the District of Columbia. Subscribe to our News and Updates to stay in the loop and on the road! (J) A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension or ignition interlock restricted license requirement pursuant to subsection (I) has concluded, even if the person has not yet completed the Alcohol and Drug Safety Action Program. The remaining seventy-five dollars must be placed by the Comptroller General into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167. If the suspension is upheld at the contested case hearing, the temporary alcohol license remains in effect until the Office of Motor Vehicle Hearings issues the hearing officer's decision and the Department of Motor Vehicles sends notice to the person that the person is eligible to receive a restricted license pursuant to subsection (H); and. All installation, maintenance and monitoring fees will be your responsibility to pay. Under South Carolina law, the penalties for operating a motor vehicle while under the influence of alcohol and for a per se DUI are the same. The fee for an ignition interlock restricted license is one hundred dollars, which shall be placed by the Comptroller General into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167. SECTION 10. If the length of time remaining is less than three months, the ignition interlock device is required to be affixed to the motor vehicle for three months. (b) the suspension is overturned, the person's driver's license, permit, or nonresident operating privilege must be reinstated. In South Carolina, it is illegal to drive a vehicle if your blood-alcohol concentration (BAC) is The drinking age in South Carolina is 21 and consumption of alcohol by anyone under 21 is illegal under most circumstances. Every DUI conviction requires the offender to enroll in the Alcohol and Drug Safety Action Program. She earned her JD from UCLA School of Law and was an adjunct professor at the start of her career, teaching paralegal studies and related courses. Even over-the-counter and prescription drugs can affect your driving so its best to avoid driving when youre taking any medication. (b) The department will issue its decision within thirty days after receipt of the request. DUI changed to DUAC. What are the Key DUI Laws to Know? The applicant shall have a provisional driver's license in his possession at all times while driving a motor vehicle, and the issuance of such license and the violation convictions shall be entered in the records of the Department of Motor Vehicles for a period of ten years as required by Sections 56-5-2940 56-5-2930, 56-5-2933, and 56-5-2990 of the 1976 Code.". In felony DUI cases, the penalties that are at stake depending on whether the accident results in great bodily injury or death. The person must have the length of time that the ignition interlock device is required extended by six months; (b) for a second offense, is guilty of a misdemeanor, and, upon conviction, must be fined not less than five thousand dollars or imprisoned not more than three years. Incident site and breath test site video recording.S.C. If the person withdraws from or in any way stops making satisfactory progress toward the completion of the Alcohol and Drug Safety Action Program, the person's license must be suspended until the person completes completion of the Alcohol and Drug Safety Action Program. The department may issue the restricted license only upon showing by the person that the person is employed or enrolled in a college or university, that the person lives further than one mile from the person's place of employment, place of education, or location of the person's Alcohol and Drug Safety Action Program classes, or the location of the person's court-ordered drug program, and that there is no adequate public transportation between the person's residence and the person's place of employment, the person's place of education, the location of the person's Alcohol and Drug Safety Action Program classes, or the location of the person's court-ordered drug program. The primary investigating officer may administer the test. The person, within thirty days of the issuance of the notice of suspension, shall enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 if the person does not request an administrative hearing. In South Carolina, the DUI laws are as follows: To determine if youre a DUI, a police officer will ask you to take a chemical test (breathalyzer, blood, or urine) to check your BAC level. 3rd offense: indefinite. Affirmative assistance shall, at a minimum, include providing transportation for the person to the nearest medical facility which provides blood tests to determine a person's alcohol concentration. South Carolina's Underage DUI Laws. The scope of the hearing is limited to whether the person: (2)(b) was given a written copy of and verbally informed of the rights enumerated in Section 56-5-2950; (3)(c) refused to submit to a test pursuant to Section 56-5-2950; or. 30 days or 15 days plus 55 days of . (6) A contested case hearing is governed by the Administrative Procedures Act, and a person has a right to appeal the decision of the hearing officer pursuant to that act to the Administrative Law Court in accordance with its appellate rules. Disclaimer: This information is provided for educational purposes only and not as legal advice or opinion. It is also important to remember that South Carolina has an "Implied Consent" law. If the length of time remaining is less than three months, the ignition interlock device is required to be affixed to the motor vehicle for three months. The Department of Probation, Parole and Pardon Services and ignition interlock service providers must purge all photographic images collected by the device no later than twelve months from the date of the person's completion of the Ignition Interlock Device Program. The notification must be in a manner prescribed by the department. (B)(G)(1) A person who does not own a vehicle, as shown in the Department of Motor Vehicles' records, and who certifies that the person: (a) cannot obtain a vehicle owner's permission to have an ignition interlock device installed on a vehicle; (b) will not be driving a vehicle other than a vehicle owned by the person's employer; and. Current South Carolina DUI law mandates an automatic 30-day suspension for suspects who register BAC levels of 0.15%. Drivers who take the required BAC test but who subsequently have a blood alcohol concentration above 0.15% also face an immediate license suspension. This works like a restricted license. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. (H)(1) In lieu of serving the remainder of a suspension or denial of the issuance of a license or permit, a person may enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941, end the suspension or denial of the issuance of a license or permit, and obtain an ignition interlock restricted license pursuant to Section 56-1-400. (R)(S) When a nonresident's privilege to drive a motor vehicle in this State has been suspended under the procedures of this section, the department shall give written notice of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license or permit. Should the person not complete the recommended plan or not make progress toward completing the plan, the Department of Motor Vehicles shall leave the person's ignition interlock restricted license in suspended status, or, if the license has already been reinstated following the six-month suspension, shall resuspend the person's ignition interlock restricted license until the plan is completed or progress is being made toward completing the plan. We've helped 115 clients find attorneys today. The Department of Alcohol and Other Drug Abuse Services is responsible for notifying the Department of Motor Vehicles of a person's completion and compliance with education and treatment programs. If you have a blood alcohol content (BAC) of 0.08% or higher, it is assumed that you were driving under the influence. If neither the Department of Motor Vehicles nor the arresting officer appears at the contested case hearing, the hearing officer shall rescind the suspension of the person's license, permit, or nonresident's operating privilege regardless of whether the person requesting the contested case hearing or the person's attorney appears at the contested case hearing. vary depending on the severity of your offense and the number of times you've committed a DUI in the past 10 years. (4) If any inspection report or any photographic images collected by the device shows that the person has violated subsection (M), (O), or (P), the person must be assessed one and one-half ignition interlock device points. South Carolina DUI laws state that any driver over the age of 21 cannot be under the influence of alcohol or drugs and/or have a blood alcohol content (BAC) of 0.08% or higher. Funds remitted to the Department of Probation, Parole and Pardon Services for the Ignition Interlock Device Fund also may be used by the Department of Probation, Parole and Pardon Services to support the Ignition Interlock Device Program. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); South Carolina Drivers License Renewal (A Complete 2023 Guide), South Carolina Road Signs (A Complete Guide). (3) At the contested case hearing, if: (a) the suspension is upheld, the person's driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension period provided for in subsection (I). The second way you can face a DUI charge in South Carolina is based on your BAC. (2) All devices certified to be used in South Carolina must be set to prohibit the starting of a motor vehicle when an alcohol concentration of two one-hundredths of one percent or more is measured and all running retests must record violations of an alcohol concentration of two one-hundredths of one percent or more, and must capture a photographic image of the driver as the driver is operating the ignition interlock device. A person shall be attending or have completed an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 before the person's driving privilege can be restored at the conclusion of the suspension period or ignition interlock restricted license requirement. You agreed to this when you got your SC drivers license. This is because some people have low alcohol tolerance (meaning a person gets drunk more quickly). A one hundred dollar fee must be assessed for obtaining a temporary alcohol license and such fee must be held in trust by the Department of Motor Vehicles until final disposition of any contested case hearing. Section 56-5-2951 of the 1976 Code is amended to read: "Section 56-5-2951. The bill would temporarily impose an ignition interlock requirement on all first convictions for DUI and pre-convictions. If you are facing a DUI charge in South Carolina, it is important that you speak with a lawyer as soon as possible.