South Carolina DUI / DWI Penalties (2026)

Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charges in South Carolina: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing dui / dwi charges in South Carolina, consult a licensed South Carolina criminal defense attorney.

South Carolina DUI / DWI Penalties

OffensePenalty
First Offense48 hours–30 days jail, $400 fine, 6-month suspension
Second Offense5 days–1 year, $2,100–$5,100 fine, 1-year suspension

Felony DUI if serious injury or death occurs

DUI / DWI Statute of Limitations in South Carolina

In South Carolina, the general statute of limitations for a felony is None (no general SOL for felonies) and for a misdemeanor is 2 years.

See all South Carolina statutes of limitations →

Defending Against DUI / DWI Charges in South Carolina

Common defenses in South Carolina dui / dwi cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a South Carolina criminal defense attorney for advice.

Related South Carolina Laws

Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication