South Carolina Laws Relative to Impaired Driving

Operating a motor vehicle while under the influence of alcohol:
South Carolina law prohibits a person from driving a motor vehicle while under the influence of alcohol to the extent that the person’s faculties to drive are materially and appreciably impaired. If you have a BAC of 0.10 percent or higher, it will be inferred that you were driving under the influence. If you have a BAC that is at least 0.05 percent but less than 0.10 percent, your BAC level may be considered along with other evidence to infer that you are under the influence. If you are convicted of driving under the influence of alcohol, you face:

• A fine of up to $300 and/or imprisonment from 48 hours to 30 days and suspension of your driver’s license for six months for a first offense.
• A fine of $2,000 to $5,000 and imprisonment from 48 hours to one year and suspension of your driver’s license for one year for a second offense.
• A fine of $3,500 to $6,000 and imprisonment from 60 days to three years and suspension of your driver’s license for two years for a third offense. If the third offense occurs within five years of the first offense, your driver’s license is suspended for four years. If the third or subsequent offense occurs within 10 years of the first offense, the vehicle used must be confiscated if the offender is the owner or a resident of the household of the owner.
• Imprisonment from one to five years and permanent revocation of your driver’s license for a fourth or subsequent offense.

(S.C. Code of Laws Sections 56-5-2930, 56-5-2940, 56-5-2950, 56-5-2990, 56-5-6240)

Driving with an unlawful alcohol concentration (illegal per se):
South Carolina law prohibits driving a motor vehicle with a BAC 0.10 percent or higher. If you are convicted of driving with an unlawful alcohol concentration, you face the same penalties as you would for a DUI conviction (see above).
(S.C. Code of Laws Sections 56-5-2933 and 56-5-2940)

Felony driving under the influence:
South Carolina law prohibits a person from driving a motor vehicle while under the influence of alcohol to the extent that the person’s faculties to drive are materially and appreciably impaired. If you are convicted of causing great bodily injury or death while driving under the influence (felony DUI), you face:

• A mandatory fine of $5,000 to $10,000 and imprisonment from 30 days to 15 years when great bodily injury occurs.
• A mandatory fine of $10,000 to $25,000 and imprisonment from one to 25 years when death occurs.

(S.C. Code of Laws Section 56-5-2945)

Implied consent:
South Carolina law states that any person driving in this state is considered to have given consent for testing of breath, blood or urine for the purpose of determining the presence of alcohol and/or drugs in the person’s system, if alleged to have committed a violation. If you refuse to submit to BAC testing, you face an automatic 90-day suspension (180 days if there is a prior alcohol-related conviction or suspension within the preceding ten years) of your driving privileges if you are 21 or older.

(S.C. Code of Laws Section 56-5-2950 and 56-5-2951)

Zero tolerance:
South Carolina law prohibits persons under the age of 21 from operating a motor vehicle with a BAC greater than 0.02 percent. A person under 21 who drives with a BAC greater than 0.02 percent faces an automatic suspension of his driver’s license for three months (six months if there is a prior alcohol-related conviction or suspension with the preceding five years). If a person under 21 refuses to consent to BAC testing, his driver’s license will be automatically suspended for six months (one year if there is a prior alcohol-related conviction or suspension within the preceding five years).

(S.C. Code of Laws 56-1-286)

Open container (beer, wine):
South Carolina law prohibits having an open container of beer or wine in a moving vehicle of any kind, except in the trunk or luggage compartment. If you are convicted of violating this law, you face a fine of up to $100 or imprisonment for up to 30 days.

(S.C. Code of Laws Section 61-4-110)

Open container (liquor):
South Carolina law prohibits having an open container of liquor in a moving vehicle of any kind, except in the luggage compartment. If you are convicted of violating this law, you face a fine of up to $100 or imprisonment for up to 30 days.

(S.C. Code of Laws Section 61-6-4020)

South Carolina’s DUI and related laws are not reproduced in their entirety and the wording used is not identical. The above summaries are intended as a public information service and are not a substitute for consulting the South Carolina Code of Laws, 1976, as amended.

The Facts about DUI

The National Perspective:

• The National Highway Traffic Safety Administration (NHTSA) estimates that alcohol was involved in 41 percent of fatal crashes and in seven percent of all crashes in 2001.

• The 17,748 fatalities in alcohol-related crashes during 2001 represent an average of one alcohol-related fatality every 30 minutes.

• An estimated 275,000 persons were injured in crashes were police reported that alcohol was present – an average of one person injured approximately every two minutes.

• The rate of alcohol involvement in fatal crashes is more than three times as high at night as during the day (63 percent vs. 19 percent). For all crashes, the alcohol involvement rate is five times as high at night (15 percent vs. three percent).

• In 2001, 32 percent of all fatal crashes during the week were alcohol-related, compared to 54 percent on weekends. For all crashes, the alcohol involvement rate was five percent during the week and 12 percent during the weekend.

• The highest intoxication rate in fatal crashes were recorded for drivers 21-24 years old (33 percent), followed by ages 25-34 (28 percent) and 35-44 (25 percent).

• All states and the District of Columbia now have 21-year-old minimum drinking age laws. NHTSA estimates that these laws have reduced traffic fatalities involving drivers 18 to 20 years old by 13 percent and have saved an estimated 20,970 lives since 1975. In 2001 an estimated 927 lives were saved by minimum drinking age laws.

• Nearly 1.5 million people are arrested each year for DUI. Two-thirds of those arrested are first-time offenders.

• About three in every 10 Americans will be involved in an alcohol-related crash at some time in their lives.

The South Carolina Perspective:
• Last year in South Carolina, 158 people were killed in 147 collisions where the probable cause was DUI. In 2000, 170 died in 155 DUI collisions. Nearly 800 people have died in DUI collisions in the last five years.

• Nearly 60 percent of all DUI collisions involve only one vehicle.

• The rate of alcohol involvement in collisions is more than three times as high at night as during the day (76 percent vs. 24 percent).

• Males account for between 85 and 90 percent of the at-fault drivers in DUI collisions.

• In 2001, 70 percent of fatal DUI collisions and 61 percent of non-fatal DUI collisions occurred on Friday, Saturday and Sunday.