How Much Jail Time Will I Get for a First-Time DUI in South Carolina?

Getting charged with a DUI for the first time can feel overwhelming—especially when you’re worried about jail time. In South Carolina, a first-time DUI doesn’t automatically mean you’re going to jail, but it can carry serious consequences depending on your blood alcohol level, whether there was an accident, and other circumstances.

The good news? With the right legal strategy, many first-time offenders avoid the harshest penalties.

Penalties for a First-Time DUI in South Carolina

DUI penalties in South Carolina vary based on several factors, including your blood alcohol concentration (BAC) at the time of arrest, whether an accident involving injury or death occurred, and your prior driving record.​

Under South Carolina Code § 56-5-2930, the penalties for a first-time DUI offense are as follows:​

• BAC under 0.10%: A $400 fine, 48 hours to 30 days in jail, and a 6-month license suspension.
• BAC between 0.10% and 0.16%: A $500 fine, 72 hours to 30 days in jail, and a 6-month license suspension.
• BAC of 0.16% or higher: A $1,000 fine, 30 to 90 days in jail, and a 6-month license suspension.​

These are the baseline penalties outlined in the statute, but judges have discretion to impose harsher consequences depending on the specifics of your case.

When a DUI Becomes a Felony in South Carolina

Not every DUI charge stays a misdemeanor. In some cases, serious circumstances — known as aggravating factors — can raise a DUI to a felony, bringing with it much steeper consequences, including long-term prison time.

So when does that happen?

In South Carolina, a DUI becomes a felony if:

• You cause great bodily injury or kill someone while driving under the influence
• You have three or more prior DUI convictions

If someone is seriously hurt because of the crash, the law calls for a mandatory fine between $5,100 and $10,100 and imprisonment from 30 days to 15 years. If the DUI results in a death, the prison sentence increases to 1 to 25 years.

And if it’s your fourth DUI offense or more, you’re facing a felony DUI charge with penalties ranging from a $3,800 to $10,000 fine and 1 to 5 years in prison.

These are life-altering penalties — and they show just how serious the state is about curbing drunk driving. If you’re staring down a felony DUI, having an experienced defense attorney on your side isn’t optional — it’s critical.

It’s Not Just Jail—Here’s How a DUI Can Disrupt Your Life

Jail time might be the first thing people worry about after a DUI arrest, but it’s far from the only consequence. A DUI conviction — even on a first offense — can follow you long after you’ve served your time.

Here’s what else you might be dealing with:

• A driver’s license suspension
• Required completion of the Alcohol and Drug Safety Action Program (ADSAP)
• Possible ignition interlock device installation on your car
• A steep increase in car insurance rates
• A criminal record that can make it harder to get a job, housing, or even a student loan

These kinds of penalties don’t make headlines — but they affect your daily life in a big way. That’s why it’s so important to take your DUI charge seriously from the start. A strong legal defense could be the difference between a temporary setback and long-term damage.

How to Beat a DUI Charge in South Carolina

If you’ve been charged with a DUI for the first time in South Carolina, here’s one thing to keep in mind: an arrest isn’t a conviction. You still have options — and with the right strategy, you may be able to protect your freedom, your license, and your record.

Every DUI case is different, but here are some of the defense angles we often look at:

• Was the traffic stop even legal?
• Were the field sobriety tests or breathalyzer results reliable?
• Did law enforcement violate your rights during or after the arrest?
• Is there a way to negotiate for reduced charges or an alternative sentence?

We don’t use cookie-cutter strategies. The best approach always depends on the facts — and that starts with digging into the details of your case. That’s why working with an experienced DUI defense attorney from the beginning can make all the difference.

Common DUI Defense Strategies

Not every first-time DUI leads to the worst-case scenario. Depending on what happened, there may be ways to push back or reduce the penalties. It comes down to the facts — and how your lawyer uses them.

Here are some things that might work in your favor:

• Illegal traffic stop – If the officer didn’t have a valid reason to pull you over, the whole stop might not hold up.
• Bad breathalyzer or field test – Faulty equipment or poor administration can make results unreliable.
• Voluntary rehab or treatment – Taking steps before sentencing can show the court you’re serious.
• Clean record – If this was a true one-time mistake, that can carry weight with a judge.
• Personal circumstances – A documented crisis or hardship might help explain what led to the DUI.
• Proof of sobriety efforts – Things like AA meetings or installing an ignition interlock device on your own can help.
• Willingness to accept responsibility – Owning it early can make prosecutors more open to reduced charges or alternative sentencing.

Every DUI case is different. The key is having a defense attorney who knows how to spot these angles and use them to fight for a better outcome.

Get the DUI Defense You Deserve

A DUI charge can feel overwhelming, especially if it’s your first offense — but you don’t have to go through it alone. At Okoye Law, we’ve helped many people in your shoes, and we’re ready to help you too.

We take the time to really understand what happened, look closely at the details, and lay out your options clearly. From there, we build a defense that fits your case — whether that means pushing for reduced charges, challenging the evidence, or fighting it out in court.

If you’ve been arrested for a first-time DUI in South Carolina, don’t wait to get the support you need. Reach out to us today for a confidential consultation. Let’s start working on your defense — and protecting your future.