A drunk driving conviction in South Carolina can have severe consequences, including the loss of your driver’s license. South Carolina law says a first-time DUI conviction will lead to an automatic, six-month driver’s license suspension. Other penalties include fines and possible jail time.
A driver’s license suspension usually applies from the time of your conviction, not your arrest. However, you could lose your license without a DUI conviction if you refuse to submit to a breath or blood test. Under South Carolina’s implied consent law, anyone driving in the state is assumed to have consented to a blood or breath test if they’re suspected to be under the influence. Refusing to submit to a DUI test is grounds for an automatic 90-day driver’s license suspension – or 180 days if you have a previous suspension or DUI conviction within the past 10 years.
The bottom line? A conviction on a DUI charge can have drastic consequences for your future. Here’s how a conviction can affect your driving privileges.
How Long Will a License Be Suspended For?
The length of a driver’s license suspension related to a DUI case depends on your prior criminal history. Here’s how it works, according to the South Carolina Department of Public Safety (SCDPS):
- Refusing to submit to a DUI breath or blood test – Automatic 90-day suspension, or 180 days if you have a prior DUI conviction or related suspension in the past 10 years
- First DUI conviction – 6-month driver’s license suspension
- Second DUI conviction – 1-year driver’s license suspension
- Third DUI conviction – 2-year driver’s license suspension, or 4-year suspension if your third offense occurs within 5 years of your first offense
- Fourth or subsequent DUI conviction – Permanent revocation of your driver’s license
How Can You Get Your License Back After Your Suspension Is Over?
Once your driver’s license suspension period is complete, you can apply to have your driving privileges restored. However, you can’t just walk into your local DMV branch and have them give you a new license. There are a few steps you must complete before you can get your license back:
Pay Fees
First, you have to pay the required reinstatement fees. There’s a $100 reinstatement fee for each driver’s license suspension, though payment plans are available in some situations.
Complete the ADSAP Program
You must then complete the South Carolina Alcohol and Drug Safety Action Program (ADSAP). State law requires anyone convicted of DUI to complete this program so they better understand the dangers of impaired driving. It’s also worth noting that you must pay a fee as part of the ADSAP, which will add to the overall cost of your license suspension.
Buy Car Insurance
You must purchase the minimum auto insurance required by the state. Anyone convicted of DUI in South Carolina must provide an SR-22 certificate to the DMV to get a license. An SR-22 certificate states that your insurance meets the state’s minimum coverage requirements so authorities can ensure high-risk drivers can cover the cost of any damage or injuries from a crash.
Install a BAIID
You may need to have a breath alcohol ignition interlock device (BAIID) installed in your car before you can get your license back. These devices measure the alcohol in your breath before you can start your vehicle to prevent you from driving drunk and causing an accident. Not everyone convicted of DUI in South Carolina is required to install a BAIID, but many people are. An attorney can tell you more about whether you need a BAIID installed to restore your driving privileges.
Can You Appeal a South Carolina License Suspension?
You can appeal a driver’s license suspension in South Carolina, though these appeals are difficult to win. To start your appeal, you must call the South Carolina Administrative Law Court and notify them or appear at the court in person.
We strongly urge you to hire an attorney if you want to appeal a driver’s license suspension. A lawyer can help you gather evidence to support your appeal and represent you in any court hearings.
Is It Possible to Get a Temporary License?
There are a few kinds of temporary driver’s licenses available in South Carolina, depending on your situation. Here are the different types and the requirements for each, according to the South Carolina DMV:
Provisional Driver’s License
This type of temporary license is available after a first DUI offense. The requirements for a provisional license are:
- Having previously met the requirements for a valid SC driver’s license at some point
- Meeting all requirements for prior suspensions, revocations, and cancellations
- A blood-alcohol content (BAC) of 0.14 percent or less in your case
- No other suspensions after the DUI suspension, with certain exceptions
- Enrollment in the Alcohol and Drug Safety Action Program (ADSAP)
- Payment of a $100 fee
Route Restricted Driver’s License
You might qualify for a Route Restricted License for certain types of suspension. These licenses are not available to non-U.S. citizens without permanent resident status. It has the following conditions:
- Usage – To and from work or school, during work or school, to ADSAP, or to a court-ordered drug program
- Validity – For the duration of the suspension
- Restrictions – Only one route restricted license in a lifetime, except under specific circumstances
- Application – Requires completing SCDMV Form DL-127 and a $100 fee
Temporary Alcohol License (TAL)
You may qualify for a Temporary Alcohol License after certain types of suspension if you have requested an administrative hearing to appeal your case. The types of suspension you could receive a TAL for include:
- Implied Consent
- Implied Consent under 21
- BAC of 0.15
- BAC of 0.02 or more under 21
The TAL will be valid until hearing results are received, and it costs $100. If the suspension is overturned, you must return your TAL, at which point you can apply for your regular license.
What Are the Other Penalties for a DUI in South Carolina?
In addition to a driver’s license suspension, you could face other penalties for a DUI conviction in South Carolina, such as:
| Offense | Jail Time | Other Penalties |
| First Offense | 48 hours to 30 days in jail | Fine of up to $400 |
| Second Offense | 5 days to 1 year in jail | Fine of $2,100 to $5,100 |
| Third Offense | 60 days to 3 years in jail | Fine of $3,800 to $6,300 |
| Fourth or Subsequent Offense | 1 to 5 years in prison | Permanent license revocation |
Depending on the circumstances, other consequences may include community service, having to install a BAIID, and even vehicle confiscation.
Contact a South Carolina DUI Defense Lawyer
The penalties for DUI offenses in South Carolina are harsh, but working with an experienced attorney can help you avoid the worst potential outcome in your case. Call McKinney, Tucker & Lemel LLC today for a consultation with a South Carolina DUI defense lawyer.
