New DUI Laws for SC Mean Tougher Penalties
One of the more heavy handed aspects to the new South Carolina DUI laws is that the state now counts DUIs (or similar convictions) from other states as previous convictions under South Carolina law- as long as they happened within 10 years of the current DUI offense.
Also, under the new South Carolina DUI laws, DUI charges are now determined by a person’s blood alcohol content (BAC). This new provision may seem elementary to others around the country that live in more progressive states that have historical relied on BAC in determining DUI charges and impose penalties and fines for lesser violations of drunk driving.
With this, the new laws carry higher fines and lengthier jail sentences. In fact judges are now required to impose a mandatory minimum sentence for even first time offenders.
South Carolina law also now requires both first time and subsequent offenders to complete a substance abuse counseling program as part of their sentence.
The program may be an education program, treatment program or combination of both, depending on the individual’s needs. Each DUI offender is required to pay for their own program, which may cost as much as $2500
First DUI Offense
If a person is facing a DUI charge and had a BAC of .08 to .09%, he or she may face up to 30 days in jail or 48 hours of community service. There is also a $400 fine.
For a first DUI offense with a BAC of .1 to .15%, the offender may face up to 30 days in jail, or 72 hours of community service, and a $500 fine.
If a first DUI offender has a BAC of .16% or higher, he or she will face 30 to 60 days in jail or 30 days of community service. The fine increases to $1000.
Subsequent DUI Offenses
In addition to the follDUIng penalties, second and subsequent DUI offenders also may be required to surrender the registration and license plates of any vehicles they own.
A person convicted of their second DUI may be required to spend a minimum of 5 to 30 days in jail, depending on the driver’s BAC. In strengthening DUI penalties, the State’s legislature removed the possibility of substituting community service hours for jail time for subsequent offenders.
Subsequent DUI offenders with a BAC of .08 to .09% will face a mandatory minimum 5 days in jail and may receive up to 1 year in jail. The fine will range between $2100 to $5100.
If the offender has a BAC of .1 to .15% with a subsequent DUI offense, he or she will face a mandatory minimum 30 day jail sentence and may be sentenced up to 2 years in jail. The fine will jump to $2500 to $5500.
With a BAC of .16% or higher, a subsequent DUI offender will be facing a mandatory minimum 90 days in jail and may be sentenced up to 3 years. The fine will increase to in between $3500 and $6500.
Please keep in mind that this list of penalties is for informational purposes only and is by no means all-inclusive. DUI penalties will vary according to the specific situation.
But just this brief glimpse at the many changes to South Carolina DUI laws proves that the state is no longer a refuge for underage drinkers, and those who see a crack in the system allDUIng for minimum consequences for maximum negligence when it comes to their decision to drink and drive.
Hopefully, this will breed a more responsible era for South Carolina and make the highways and byways safer.