Implied Consent

If you drive in South Carolina, the law says you have already given your consent to chemical tests of your breath, blood, or urine to determine the presence of alcohol and/or drugs if arrested for DUI. If you refuse, your license is automatically suspended for 6 months. Once arrested, you generally have 30 days to request a hearing to contest your license suspension. If you request this hearing timely, you will retain your driving privileges while waiting for a hearing date. If not, your suspension takes effect immediately.

Driving Under Influence (DUI)

It is against the law to drive any motorized vehicle while under the influence of alcohol and/or drugs where you are “materially and appreciably impaired.” You do not have to be “legally drunk” to be arrested and convicted of DUI. If you “blow” above the “legal limit,” you will be subject to a separate, more enhanced charge of DUAC. And, you can be arrested for “any motorized vehicle” which can include cars, trucks, motorcycles, mopeds, even lawnmowers. Finally, “drunk driving” includes being impaired from alcohol (beer, wine, liquor, straight alcohol) and drugs (prescription or illegal) or a combination of both. Really, any intoxicating substance can cause you to be arrested for driving under the influence (DUI) or while impaired (DWI).

Driving with Unlawful Alcohol Concentration (DUAC)

SC law provides you are “legally drunk” if you have a “blood alcohol concentration (BAC)” of 0.08% or greater. This finding is sometimes referred to as a “per se DUI.” This level can be determined by a breathalyzer test, or if you cannot complete that test, by blood or urine tests. Again, your consent is “implied” if you drive in SC, even if you are from somewhere else. Simply getting behind the wheel is enough. Read
the SC DUAC Law.

Penalties

For a first offense DUI, your license will be suspended for 6 months, subject to getting a provisional, temporary license. In addition, you are subject to a $400.00 fine, up to 48 hours in jail or community service (BAC <.10%); $500.00 fine, up to 72 hours (BAC <.16%); or $1000.00 fine, up to 30 days (BAC >.16%). And, you will be required to obtain SR-22 insurance for 3 years, even if you do not own a vehicle. To qualify for a provisional license, you will also have to enroll in Alcohol and Drug Safety Action Program (ADSAP) and pay a $100.00 license reinstatement fee. Subsequent DUI convictions result in even more serious penalties and fees.