What Happens When You Get a DUI for the First Time
Before you decide how to handle the charge, a free consultation for DUI is a no-cost way to have the evidence, the court date, and your options explained.
A first drunk driving arrest carries real consequences, including arrest, booking, possible jail time, a fine, a license suspension, and a permanent criminal record. In South Carolina the case then runs on two separate tracks that move at the same time. One is the criminal case in court, and the other is a license suspension handled by the Department of Motor Vehicles. Each track has its own deadlines, and missing one of them can cost you far more than the other.
First, a quick word about the name. South Carolina has no DWI offense at all, and instead charges two impaired driving crimes. The first is driving under the influence of alcohol or drugs, known as DUI. The second is driving with an unlawful alcohol concentration, known as DUAC, and the legal limit for that second charge is 0.08.
Many people still search for what happens when you get a DWI charge, and this page answers that question for South Carolina. If you were arrested here, you are in the right place.
The first few hours after an arrest follow a fairly predictable path. An officer stops you, watches how you speak and move, and may ask you to perform roadside tests. If the officer believes there is probable cause, you are arrested and taken to a booking facility while your car is towed at your expense. At the station you are offered a DataMaster breath test, which is the official evidentiary test in this state.
After booking, most first offenders wait for a bond hearing, though many are released on a personal recognizance bond within a few hours. You will receive paperwork setting your first court date. You will also receive a notice of suspension if you refused the breath test or registered 0.15 or higher. From that point two clocks start ticking, one in criminal court and one at the Department of Motor Vehicles.
DWI Jail Time in South Carolina: How Long a First Offense Can Hold You
Jail is the first worry most people have after an arrest. South Carolina DUI laws set the punishment for a first offense by the alcohol reading recorded on the breath test, so what people call DWI jail time is, in this state, first offense DUI jail time.
Under South Carolina law, a first drunk driving conviction with a reading under 0.10 carries a $400 fine or a jail term of 48 hours to 30 days. The court may allow 48 hours of public service employment, commonly called community service, instead of the minimum jail term, but it cannot force you to accept that option.
A reading of 0.10 up to 0.16 raises the punishment to a $500 fine or a jail term of 72 hours to 30 days, and the same public service substitution applies to the minimum.
A reading of 0.16 or more carries a $1,000 fine or a jail term of 30 to 90 days. At this tier, 30 days of public service employment can stand in for the minimum jail term.
One rule holds at every tier. State law says that no part of a minimum sentence may be suspended, so a judge can shape how you serve it but cannot erase it.
The facts of the arrest also move the sentence within those ranges. A collision with injuries pushes a case toward the high end, and so does a child in the vehicle or an unusually high reading. No two cases land in exactly the same place.
DWI Fine Amounts and Court Costs for a First Offense
The DWI fine people ask about is, in South Carolina, the DUI fine set by statute. It is $400 at the lowest tier, $500 in the middle tier, and $1,000 at 0.16 or above. Those three numbers are the entire first offense fine schedule, and nothing higher applies to a first conviction.
The fine printed on the ticket is not the whole bill. Court assessments and surcharges are added on top and raise the amount well past the base fine, and other costs then follow the case for years afterward.
Common added costs include:
- The alcohol program. The Alcohol and Drug Safety Action Program, known as ADSAP, must be completed before your license can be restored. State law caps what a program may charge at $500 for education services, $2,000 for treatment services, and $2,500 for everything combined.
- The ignition interlock device. You pay to have the device installed, and you pay a monthly monitoring fee for as long as it remains on the vehicle.
- SR-22 insurance. Your insurer must file proof of financial responsibility with the state, that proof stays on file for three years, and premiums usually climb sharply during that period.
- Towing and storage. The towing company sets these charges, and they grow for every day the vehicle sits in the impound lot.
- Classes and evaluations. Any court ordered class or alcohol evaluation carries its own separate fee.
Costs differ by county and by provider, so ask your lawyer what to expect in the court where your case is filed.
License Suspension and Ignition Interlock Requirements
South Carolina's implied consent law provides that by driving here you have already agreed to a chemical test. What happens next turns on whether you took the breath test or refused it.
The arresting officer issues a notice of suspension in only two situations: a refusal to submit to the test, or a test result of 0.15 or higher. For a driver with no prior offense in the preceding ten years, the statute sets two different suspension lengths. A refusal carries a six month suspension, while a reading of 0.15 or higher carries a one month suspension. Those two numbers are mixed up constantly, and the difference between them is substantial.
You have 30 days from the date the notice is issued to request a contested case hearing. That request goes to the Office of Motor Vehicle Hearings, which is a separate body from the Department of Motor Vehicles. If you miss the window, the suspension simply runs, which makes this the most time sensitive part of the entire case.
While you wait for that hearing you may apply to the Department of Motor Vehicles for a temporary alcohol license, for a fee of $100. The statute provides that this license lets you drive without restrictive conditions until the hearing is decided. You may also choose to enroll in the interlock program instead.
A conviction brings its own license consequence, separate from the notice described above. On a first conviction you enroll in the ignition interlock program, which ends the suspension and gets you an interlock restricted license. The device remains on your vehicle for six months, and you must also complete ADSAP.
One point here has changed since many older articles were written. The interlock requirement is no longer limited to high readings and refusals: state law now calls for the device after any DUI or DUAC conviction, and the only carve out is a breath test that registered 0.00. The device takes a breath sample before the engine will start, and again at random intervals while you drive.
Long-Term Consequences Beyond Jail and Fines
Many people treat a first offense as a minor problem, and that view causes trouble later. The consequences reach well past the courtroom.
A permanent record. South Carolina's expungement law does not reach any offense involving the operation of a motor vehicle, so a DUI conviction stays on your record and keeps appearing on background checks.
Insurance. Beyond the SR-22 filing itself, premiums often double or triple after a conviction and stay elevated for years.
Work. Many employers run criminal background checks, and a conviction can rule you out of positions that involve driving, a security clearance, or handling money.
A commercial license. A first conviction bars you from driving a commercial vehicle for at least one year, even if you were in your own car at the time, and two such convictions bring a lifetime disqualification.
Professional licenses. Nurses, teachers, agents, and other licensed professionals may face a board complaint after a conviction.
Immigration. A non-citizen should ask a lawyer how a conviction could affect a visa, a green card, or naturalization.
The next case. South Carolina counts prior offenses over a ten year window, and a second charge inside that window brings much steeper punishment.
Defense Strategies for a First-Offense DUI
A charge is not a conviction, and a handful of issues come up again and again in these cases.
The stop itself. An officer needs a lawful reason to pull you over, and if the stop was not justified, a lawyer can ask the court to exclude everything that came after it.
Roadside tests. Standardized field sobriety tests follow set procedures written by the National Highway Traffic Safety Administration. Uneven pavement, poor lighting, a medical condition, or sloppy instructions can all skew the result.
The breath test. The DataMaster must be kept in working order, and the test must follow the methods approved by the State Law Enforcement Division. Those methods include observing the driver for 20 minutes beforehand, with nothing to eat, drink, or smoke. A break in that observation period can taint the reading.
The video. State law requires video of the arrest at both the incident site and the breath test site. Missing video is a genuine issue, though the statute does allow the state to answer it with a sworn affidavit that the equipment was inoperable.
Miranda and questioning. Statements taken during custodial questioning without a proper warning may be suppressed, and both the timing and the setting matter.
Health and diet. Acid reflux, diabetes, and certain diets can push a breath reading upward without matching real impairment, and a lawyer can examine whether that happened here.
These are general DUI defense issues a lawyer reviews. Every case turns on its own facts.
Speak With a South Carolina DUI Defense Attorney
A first drunk driving charge in South Carolina reaches well past the court date, because your license, your record, and your finances are all in play. The 30 day window to challenge an administrative license suspension leaves very little room to wait.
Sumner & Todd, Attorneys at Law focuses on impaired driving defense in Upstate South Carolina courts. If you are facing a first offense charge, contact Upstate DUI for a consultation. An attorney can go over your situation, review the arrest video, and explain the choices in front of you.
Talking with a lawyer who knows the local courts before your first court date can make a real difference. What happens next depends on the specific facts of your case.
Frequently Asked Questions About a First-Offense DUI
How Long Do You Go to Jail for a First DUI Offense?
Jail time for a first offense in South Carolina tracks your alcohol reading. A reading under 0.10 carries 48 hours to 30 days, a reading of 0.10 up to 0.16 carries 72 hours to 30 days, and a reading of 0.16 or more carries 30 to 90 days. The court may allow public service employment in place of the minimum term, and the statute also allows a fine instead of jail at each tier.
How Much Is the Fine for a First-Offense DUI?
The statute sets $400 for a reading under 0.10, $500 for a reading of 0.10 up to 0.16, and $1,000 for a reading of 0.16 or more. Court assessments and surcharges are added on top of that base fine. The alcohol program, the interlock device, SR-22 insurance, and higher premiums all add more over the following years.
Will a First DUI Stay on My Record Permanently?
South Carolina's expungement law does not cover offenses involving the operation of a motor vehicle. A drunk driving conviction therefore stays on your criminal record and keeps appearing on background checks, which is one reason a first offense is worth taking seriously.
Do I Lose My License Immediately After a First DUI Arrest?
Not always. The officer issues a notice of suspension only if you refused the test or registered 0.15 or higher. For a first offense, a refusal means six months and a reading of 0.15 or higher means one month. You have 30 days from the notice to request a contested case hearing, and you may apply for a temporary alcohol license while you wait.
Should I Hire a Lawyer for a First-Offense DUI?
A first offense puts jail time, a fine, a permanent criminal record, and your driving privileges on the table. An attorney can review the arrest video, the breath test procedure, and the legal basis for the traffic stop, and can identify problems in how the case was assembled. Given the stakes, talking with a lawyer before your first court date is worth the call.