• State Penal Code – SC Title 56, Chapter 5, Section 56-5-2930
• Open Container Laws – Yes
• Repeat Offender Laws – Yes
• Check Points – Yes
• Alcohol Exclusion Laws Limiting Treatment – Yes

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in South Carolina are:

1st Refusal

• 6 month license suspension

2nd Refusal

• 9 month license suspension

3rd Refusal

• 1 year license suspension

• In South Carolina the lookback period is 10 years
• Any arrest for DUI/DWI within 10 years of your first offense results in higher penalties

• Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
• A BAC of .08% and above will result in the same penalties as drivers 21 and over

• Although it is likely you will penalized to a lesser extent, that is not always the case
• Factors such as prior convictions and BAC can influence penalties greatly
• The possibility that you will incur adult penalties is very real

1st Offense

• 6 month license suspension

• $400 fine

• you will be required to attend a state approved ADSAP program
• Prison (2 day minimum, 30 day maximum)

2nd Offense

• 1 year license suspension

• $2100 – $5100 fine
• you will be required to attend a state approved ADSAP program
• Prison (5 day minimum, 1 year maximum)
• Installation of Ignition Interlock Device

1st Offense

• 6 month license suspension

• $1000 fine (maximum)

• Prison (72 hour minimum, 90 day maximum)
• you will be required to attend a state approved ADSAP program
• Installation of Ignition Interlock Device

2nd Offense

• 1 year license suspension

• $2500 – $6500 fine

• Prison (30 day minimum, 3 year maximum)
• you will be required to attend a state approved ADSAP program
• Installation of Ignition Interlock Device

• ADSAP is a state sponsored program aimed at addressing substance abuse and reducing DUI/DWI recidivism
• This program is mandatory for all convictions
• The length of the program is determined by your ability to successfully reduce your risk level
• 12 months is generally considered the longest amount of time one could possibly take to successfully complete the program

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• The BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
• A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL

• SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
• Most, but not all states have SR-22 statutes
• In South Carolina an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
• You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
• Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• South Carolina does not allow for plea bargains in DUI/DWI cases therefore Wet Reckless does not apply