In order to be convicted of a DUI in South Carolina, the prosecution must prove beyond a reasonable doubt that a person's mental and physical faculties are materially and appreciably impaired due to the ingestion of alcohol and that as a result, that the person cannot operate a vehicle safely on the roads of South Carolina. Basically, that due to drinking alcohol you were unsafe to operate a vehicle.

In addition, South Carolina DUI law provides for enhanced punishment for those with a blood alcohol content (BAC) of .08% or higher. Multiple offenses also trigger enhanced punishment. Offenders are categorized as “Repeat DUI Offenders” if they are arrested for drunk driving more than once every 10 years. South Carolina drunk driving law mandates that a fourth DUI conviction will be classified as a felony. It should also be noted that in order to determine prior convictions, South Carolina does recognize convictions from other states.

South Carolina is a participant in the Interstate Driver’s License Compact. This means that if you are arrested in South Carolina for any drinking and driving offense, South Carolina convictions will be reported to other states through the Compact.

Implied Consent

Any person driving a vehicle in South Carolina is considered to have given his or her consent to submit to a breath/blood test or urine analysis in order to check for the presence of alcohol or drugs. If arrested for a South Carolina DUI, the suspected driver is to give a sample for chemical analysis. However, if a driver is stopped and ultimately charged with a DUI, the arresting officer must warn the driver that he or she has the right to refuse to take the test. In addition, the officer operating the breath testing machine must advise the driver that he or she has the right to a blood or urine test whether or not the driver submits to the breath test. The driver who requests an additional test must pay for the requested test or tests. The arresting officer is also required to provide the driver with assistance in obtaining the additional tests. For example, if the motorist requests a urine test, the arresting officer is required to transport the driver to a medical facility that performs urinalysis.

Video

South Carolina is the only state in the nation which requires videotaping by the arresting officer of the DUI arrest and breath test.

The law requires that the tape begin no later than the activation of the officer's blue lights and conclude after the arrest of the person. The tape must also include the person being advised of his/her Miranda Warnings, if required. The failure to read the rights on tape can result in suppression of the videotape.
The specifics of the video tape at the breath site are as follows: the videotaping at the breath site must be completed within three (3) hours. The breath site video must also include the reading of Miranda and the entire breath test procedure; i.e., the reading of the implied consent warning, checking the mouth, waiting 20 minutes, informing the defendant of the videotape recording, and letting the defendant know he or she can refuse the test.

If there is no way to videotape the proceedings, the officer must fill out a sworn affidavit certifying that it was physically impossible to videotape this waiting period. The arresting officer may administer the breath test if he is certified and the 20-minute observation period is videotaped.

The case can be dismissed if videotaping by law enforcement is not conducted pursuant to statute when it could have been. However, it should be noted that if the proper affidavits are filed explaining with sufficient reasons why the videotape of the DUI arrest was not available, then failure to videotape is excused.

Penalties

First offense DUI convictions in South Carolina result in a possible fine of $400.00 or imprisonment for at least 48 hours. A person convicted of first-offense DUI could have to serve up to 30 days in jail. However, instead of being imprisoned for the minimum of 48 hours, judges have the discretion to impose sentences of 48 hours of public service. In order to retain your license after a DUI conviction, a person must obtain SR-22 insurance for a period of 3 years.

For a second DUI conviction, there is a minimum fine of $2,000.00 up to $5,000.00 and imprisonment for at least 5 days or up to 1 year. The fine cannot be suspended to an amount less than $1,000. A judge could order a person convicted of a second-offense DUI to at least 30 days of public service instead of serving time in jail.

A third DUI conviction will carry a fine of at least $3,800.00 and could be as much as $6,300.00. In addition to the fine, a person will also be imprisoned for at least 60 days up to a maximum of 3 years.

If a person is convicted of a fourth-offense or more, the offender will be sentenced to prison for a minimum of one year and could have to serve up to 5 years. This is classified as a felony DUI.

Felony DUI

If a person is convicted of a felony DUI for causing great bodily harm to another, he or she is subject to a mandatory fine of $5000.00 to $10,000.00. In addition to the fine, there is a mandatory imprisonment of at least 30 days in jail, up to 15 years. If the person convicted of felony DUI has caused the death of another, that person is subject to a mandatory fine of between $10,000.00 and $25,000.000. Additionally, that person must be imprisoned for at least 1 year up to 25 years in prison