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  1. This site applies to the state of South Carolina law only.​

  2. This site is not and should not be considered a comprehensive explanation of any area of law  and should not be relied upon as such.

  3. The information on this site is not legal advice because we do not know the facts of your case. If you need or are seeking legal advice, you should meet with a qualified attorney. Only your attorney can give you legal advice.

  4. Reading this website or sending documents to our Firm does not create an attorney-client relationship.



Despite statistics showing that drunk driving and impaired driving are on the decline across the United States, many state and local law enforcement and government agencies continue to take a tough stance against drivers who drive under the influence (DUI) or drive while impaired (DWI). In South Carolina, even a first-time conviction for DUI can result in significant penalties and a disruption of your work and home life.
Have you been charged with a DUI in South Carolina? If so, you need experienced and aggressive legal counsel to help so your rights are protected and you are able to minimize or avoid the consequences of a conviction. Contact  Surasky Law today for assistance.



What Constitutes DUI and DUAC in South Carolina?


South Carolina defines “driving under the influence of alcohol” as driving a motor vehicle when a person’s ability to drive are “materially and appreciably impaired” by alcohol, drugs, or a combination of the two. Evidence that you are “materially and appreciably” impaired can come from the officer’s observations of your driving (weaving or driving recklessly), your poor performance on standardized field sobriety tests, and/or a refusal to submit to a breath test.


In South Carolina it is a crime to drive a vehicle while your breath alcohol concentration is 0.08 or greater. If you are charged under this particular law, the State does not need to show that you were impaired or that you were driving unsafely.


Possible Penalties Following a DUI Conviction in South Carolina


In determining the penalties that will be imposed upon your conviction for DUI, the prosecution will consider any prior convictions for DUI you have had in the previous 10 years. Penalties for DUI include:


  • First Offense: A minimum of 48 hours in jail and a minimum fine of $400

  • Second Offense: A minimum of five days in jail and a minimum fine of $2100

  • Third Offense: A minimum of 60 days in jail and a minimum fine of $3800

  • Fourth or Subsequent Offense: Between one and seven years in prison


In addition to the number of prior DUI convictions you have, the precise penalties that will be imposed can depend on your breath alcohol concentration or your blood alcohol concentration (if testing of your breath or blood was conducted around the time of your arrest). As one might expect, the higher your alcohol concentration, the more severe your penalties can be.


Not only this, but a conviction for any DUI offense will result in your driver’s license being suspended or, in the case of a fourth or subsequent offense, permanently revoked. Additional periods of suspension can also be imposed if you refused to submit to testing when requested by law enforcement officers.




The Aiken DUI defense attorneys of Surasky Law are committed to providing clients charged with DUI offenses an aggressive and informed legal defense. The sooner you contact us following an arrest for DUI, the better we are able to assist you. Call us today at (803) 593-3912.

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