South Carolina DUI Law

In South Carolina, there are several ways to break the impaired driving laws. Below is a basic overview of the laws and what a prosecutor needs to prove in order for you to be found guilty of breaking the laws against drunk or drug-impaired driving. Keep in mind that although these basic laws apply throughout the entire state, they are enforced differently at the county and local level. For that reason, it is very important to discuss your case with an DUI attorney who practices in the county where your arrest happened.

South Carloina Operating Under the Influence Law:

A driver whose ability to drive is "materially and appreciably" impaired by alcohol, other impairing substances, or both is guilty of operating under the influence. A driver who has a BAC of at least 0.08 within 2 hours of driving is guilty of "Operating with an unlawful alcohol concentration," which is treated the same as Operating Under the Influence except that a driver can only be charged with one or the other in any one incident.

Source: South Carolina Code of Laws Title 56 (Motor Vehicles) 56-5-2930, 56-5-2933

South Carolina Felony DUI:

Any person who causes the death or serious injury of another person as a result of driving under the influence of alcohol, drugs, or both is guilty of Felony Driving Under the Influence.
Source: South Carolina Code of Laws Title 56 (Motor Vehicles) 56-5-2945

Child Endangerment In South Carolina DUI Cases:

Any driver who commits a DUI offense in SC while a child under 16 is in the vehicle can be charged with Child Endangerment as well as the DUI offense itself.

Source: South Carolina Code of Laws Title 56 (Motor Vehicles) 56-5-2947

It is important to understand that regardless of whether you are charged with a felony or a misdemeanor, a South Carolina DUI charge is a serious crime and carries very serious penalties, as well as license suspensions.