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DUI Penalties in Midlands South Carolina

South Carolina DUI Penalties by Offense

If you are over 21 and you are convicted of DUI, your blood alcohol level (BAC) will be used to dictate the severity of your sentence for each type of offense (first DUI offense, second DUI offense, etc.).  Keep in mind that the fines set forth below will more than double when you add in court costs and fees.

Penalties for First DUI Offense:

Contact us for help reducing or fighting the following DUI penalties. Legal consequences are listed by ascending blood alcohol levels.

If your BAC is between .08% and .09%:

  • Jail sentences for a first DUI can range from 48 hours to a maximum 30 days, although community service can be given in lieu of jail time.
  • Fines can range up to $400, plus court costs and fees.
  • You will additionally lose your driver’s license for six months.

If your BAC is between .10% and .15%:

  • Jail sentences for first DUI charges can range from 72 hours to a maximum 30 days, although community service can be given in lieu of jail time.
  • Fines can range up to $500, plus court costs and fees.
  • You will additionally lose your driver’s license for six months.

If your BAC is .16 or higher:

  • Jail sentences for first DUI charges can range from 30 days to a maximum 90 days, although community service can be given in lieu of jail time.

Penalties for Second DUI Offense:

Contact us for help reducing or fighting the following DUI penalties. Legal consequences are listed by ascending blood alcohol levels.

If your BAC is between .08% and .09%:

  • Jail time for a second DUI conviction can be sentenced up to one year, with a five-day minimum.
  • Fines can range from $2,100 to as much as $5,100, with loss of driving privileges up to 60 days.
  • You will additionally lose your driver’s license for one year.


If your BAC is between .10% and .15%:

  • Jail time for a second DUI runs up to two years, with a 30 day minimum.
  • Fines can range from $2,500 to as much as $5,500.
  • You will additionally lose your driver’s license for one year.

If your BAC is .16 or higher:

  • Jail time for a second DUI can sentenced up to three years, with a 90 day minimum.
  • Penalty fines can range from $3,500 to as much as $6,500, and you are required to enroll and successfully complete ADSAP.

Penalties for Third DUI Offense:

Contact us for help reducing or fighting the following DUI penalties. Legal consequences are listed by ascending blood alcohol levels.

If your BAC is between .08% and .09%:

  • Third DUI offenders can serve from 60 days to up to three years in prison.
  • Fines include a $3,800 minimum, up to $6,300.
  • You will additionally lose your driver’s license for two years, unless your third conviction came within 5 years of the second, in which case you will lose your license for four years.

If your BAC is between .10% and .15%:

  • Third DUI offenders can serve from 90 days to up to four years in prison.
  • Fines include a $5,000 minimum, up to $7,500.
  • You will additionally lose your driver’s license for two years, unless your third conviction came within 5 years of the second, in which case you will lose your license for four years.

If your BAC is .16 or higher:

  • Third DUI offenders can serve from 6 months to up to five years in prison.
  • Fines include a $7,500 minimum, up to $10,000 and you are required to enroll and successfully complete an Alcohol and Drug Safety Action Program (ADSAP).
  • You will additionally lose your driver’s license for two years, unless your third conviction came within 5 years of the second, in which case you will lose your license for four years.

Penalties for Fourth DUI or Subsequent Offense:

Contact us for help reducing or fighting the following DUI penalties. Legal consequences are listed by ascending blood alcohol levels.

If your BAC is between .08% and .09%:

  • For a fourth DUI arrest, you will be charged with a felony drunk driving, with imprisonment for at least a year, up to five years.
  • You will permanently lose your license.


If your BAC is between .10% and .15%:

  • For a fourth DUI arrest, you will be charged with a felony drunk driving, with imprisonment for at least two years, up to six years.
  • Fines range from $5,100 to $10,100.
  • You will permanently lose your license.

If your BAC is .16 or higher:

  • For a fourth DUI arrest, you will be charged with a felony drunk driving, with imprisonment for at least three years, up to seven years, and
  • You are required to enroll and successfully complete ADSAP. You will permanently lose your license.

In addition to the above DUI penalties, the court may order ignition interlock devices placed on vehicles driven by the convicted driver for a specified period of time. The ignition interlock device measures BAC and prevents the car from starting if the driver tests positive for BAC.

Strom Law Firm offers you one free initial consultation with one of our criminal defense lawyers to discuss: your DUI arrest, whether to plead guilty or not guilty to driving under the influence, as well as possible ways to have your drunk driving charge reduced.  Contact us today for your free consultation.  We offer flexible payment plans and accept Visa and Mastercard.

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