New South Carolina DUI Laws Go Into Effect

Harsher penalties established for SC drunk driving.

Effective noon February 10, 2009, South Carolina will have some of the toughest penalties for DUI offenses in the United States. The legislation was passed during the 2008 legislative session and signed last year by Gov. Mark Sanford.

All motorists, even first offenders, arrested for driving under the influence in South Carolina who have a blood alcohol content of .15% or higher, or refuse to submit to breath tests, will have their driver’s licenses suspended. The new law does establish a 30-day window to apply for a temporary ‘alcohol license’.

The severity of additional South Carolina DUI penalties is influenced by a driver’s BAC. With a BAC of .08% to less than .10% a first offense will result in a $400 fine and 48 hours spent either in jail or performing community service. With a BAC of .10% to less than .16% the penalties increases to a $500 fine and 72 hours of jail or community service. With a BAC of .16% or higher, the fine is $1,000 and the motorist must spend 30 days in jail or performing community service.

In cases of DUI related accidents resulting in death or severe bodily injury, felony charges will be filed and the fine will be between $5,100 and $10,100. With death the potential jail sentence ranges from 1 year to 25 years.

Underage drinkers will have their licenses suspended for six months on first offense. A second arrest within five years will result in loss of license for one year.

The stricter DUI legislation was prompted by statistics showing South Carolina as one of the worst states in the nation for alcohol related traffic fatalities.

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