Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death.

In South Carolina, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities and accounts for an alarmingly high 40% to 50% of the total number of motor vehicle related deaths every year.

REGULATIONS FOR DUI/DWI IN SOUTH CAROLINA

In South Carolina, the Blood Alcohol Content (BAC) limit is set at 0.08% for drivers over 21 years of age and it is set at 0.02% for those under 21. For commercial drivers, the limit is set at 0.04%.

Having a South Carolina license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyser test or by an actual blood test to check the BAC. Refusing to take the chemical test will result in your license being revoked for a year.

Points will be added to your driving record and your license will be suspended or revoked, if you convicted of DUI/DWI. The number of points assessed, depend on the severity of the offense and the number of times you have been convicted for it.

ACTIONS AGAINST DUI/DWI FOR DRIVERS OVER 21:

If you are over 21 years old, and are caught with BAC higher than the set limit of 0.08%, you may be subjected to criminal actions in addition to administrative actions. If the DUI/DWI incident you are involved in is subjected to criminal action, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

1. The first offense is treated as a Class B Misdemeanor and may result in a minimum of 2 days public service or imprisonment or a maximum of a month in jail and a $400 fine.
   • Your license will be suspended for six months.
2. The second offense will result in imprisonment for five days to one year (or a month of public service and a $2000-5000 fine.
   • Your license will be suspended for one year.
3. The third offense is treated as a felony and will result in imprisonment for two months to three years and a $3800-6300 fine.
4. Your license will be suspended for two years.

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ACTIONS AGAINST DUI/DWI FOR DRIVERS UNDER 21

1. Your license suspended or revoked, if you are convicted under the "minor in possession/other alcohol offenses" law(trying to purchase, possessing or having purchased any intoxicant; or being intoxicated using alcohol, drugs or other intoxicants; or having a BAC higher than 0.02%) while driving.
2. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

ACTIONS AGAINST DUI/DWI FOR COMMERCIAL VEHICLE DRIVERS

If you drive a commercial vehicle and hold a commercial driver license (CDL):

1. You will be barred from driving a commercial vehicle for a year, if you are convicted for your BAC being higher than 0.04%. You will also be issued an "out-of-service" order valid for 24 hours by the arresting officer.
2. You will be barred from driving a commercial vehicle for at least three years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
3. You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
4. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

ADMINISTRATIVE ACTIONS AGAINST DUI/DWI:

South Carolina laws have administrative implications in addition to the criminal laws against DUI/DWI. You have 30 days to request a hearing against the Administrative License Revocation (ALR). If the suspension is overturned, the license will be restored immediately. If the appeal is rejected, the suspension will go into effect and you will have to undergo an Alcohol and Drug Safety Action Program (ADSAP) before reinstatement. Once enrolled in the program, first time (in ten years) DUI offenders are usually eligible for a provisional license for the rest of their suspension period. Subsequent offenders may be granted restricted driving privileges at the discretion of the DMV.

LICENSE REINSTATEMENT AFTER DUI/DWI SUSPENSION/REVOCATION:

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you may need to apply for a reinstatement of your license with the DMV, once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

1. To complete the reinstatement requirements, you must prove that you have successfully completed the Alcohol and Drug Safety Action Program (ADSAP) or a comparable program (the agency will send the proof to the Driver License Bureau once you have completed the program). The fee for the course is $500 and it could take up to a year to complete. If you require treatment for addiction that will be an additional $2000. You will also have to pay the reinstatement fee of $100, and maintain proof of financial responsibility by filing SR-22, if required.
2. If you are being convicted for DUI, the court may order an ignition interlock device to be placed for breathalyser tests on any vehicle you drive.
3. You can mail the reinstatement application and fees to :

   Post Office Box 1498
   Blythewood, South Carolina 29016    

   Call the DMV Call Center at (803) 896-5000 (Monday through Friday, 8:30 AM to 5:00 PM) for any queries.

ADDITIONAL INFORMATION

• DUI/DWI has been a major cause of death and injury in our nation and it is our duty to prevent such needless pain and suffering. Simply: If you drink, DON'T DRIVE! If we all follow this rule to the letter - thousands of lives will be saved each year.
• If you have been charged with a DUI/DWI get help from a DUI/DWI Lawyer.
• See also Suspended License, Point System and Traffic Ticket Lawyers.