How Long Do You Lose Your License for DUI in South Carolina?

Driving under the influence (DUI) in South Carolina is a serious offense that can lead to severe consequences, including the suspension of your driver’s license. In South Carolina, a person is considered to be driving under the influence if their blood alcohol concentration (BAC) is 0.08% or higher.

However, even if your BAC is lower than 0.08%, you can still be charged with DUI if your ability to drive is impaired. If you are facing a DUI charge in South Carolina, one of your primary concerns may be how long you will lose your license.

The answer to this question depends on several factors, including whether you are facing an administrative suspension or a criminal suspension, your BAC level, and whether you have any prior DUI convictions.

Administrative vs. Criminal License Suspension

When you are arrested for DUI in South Carolina, you may face two types of license suspension: administrative and criminal.

Administrative Suspension

An administrative suspension is imposed by the South Carolina Department of Motor Vehicles (DMV) and is separate from any criminal charges you may face. If you are arrested for DUI and refuse to submit to a breath, blood, or urine test, or if your BAC is 0.15% or higher, your license will be automatically suspended by the DMV.

If you refuse the test, your license will be suspended for six months. If you take the test and your BAC is 0.15% or higher, your license will be suspended for one month, followed by three months with an ignition interlock device installed on your vehicle.

Criminal Suspension

If you are convicted of DUI in criminal court, you will face an additional license suspension that is separate from the administrative suspension. The length of your criminal suspension will depend on whether you have any prior DUI convictions and your BAC level at the time of your arrest.

Length of License Suspension for First DUI Conviction

If you are convicted of a first-offense DUI in South Carolina, your license will be suspended for six months. Additionally, as of May 19, 2024, the All Offender Law requires all individuals convicted of DUI to install an Interlock Ignition Device (IID) if they wish to drive, regardless of their BAC level.

Participants must have their devices inspected every 60 days. For first-time offenders, you must have the IID installed for six months following your license suspension.

Driver’s License Consequences for Repeat DUI Offenses

If you have prior DUI convictions within the past ten years, you will face longer license suspensions:

Second DUI Conviction

If you are convicted of a second DUI offense within ten years of your first conviction, your license will be suspended for one year. After the one-year suspension, you will be required to have an ignition interlock device installed on your vehicle for two years.

Third DUI Conviction

If you are convicted of a third DUI offense within ten years of your first conviction, your license will be suspended for two years. After the two-year suspension, you will be required to have an ignition interlock device installed on your vehicle for three years.

Fourth or Subsequent DUI Conviction

If you are convicted of a fourth or subsequent DUI offense, your driver’s license will be permanently revoked.

Limited Driving Privileges During Suspension

In some cases, you may be eligible for limited driving privileges during your suspension period. There are two types of limited driving privileges in South Carolina:

Route Restricted License

After serving the mandatory suspension period, you may be eligible for a route-restricted license that allows you to drive to and from work, school, or court-ordered substance abuse programs. To be eligible for a route-restricted license, you must prove that you have no other means of transportation and that not being able to drive would cause undue hardship.

Provisional License with Ignition Interlock Device

If you are required to have an ignition interlock device installed on your vehicle, you may be eligible for a provisional license that allows you to drive with the device installed. An ignition interlock device is a breathalyzer that is connected to your vehicle’s ignition system. Before starting your vehicle, you must provide a breath sample. If the device detects alcohol on your breath, your vehicle will not start.

To be eligible for a provisional license with an ignition interlock device, you must pay for the installation and monthly monitoring fees.

Driver’s License Reinstatement Process After DUI

To reinstate your driver’s license after a DUI suspension, you must:

• Complete the required suspension period or enroll in and complete an Alcohol and Drug Safety Action Program (ADSAP)
• Provide proof of SR-22 insurance, which is a certificate of financial responsibility that proves you have the minimum liability insurance required by South Carolina law
• Pay a reinstatement fee

If you have multiple DUI convictions, you may be required to install an ignition interlock device on your vehicle and have no violations for a certain period before you are eligible for full reinstatement.

Protect Your Driving Privileges with Our DUI Defense Attorneys

The best way to avoid losing your license due to a DUI is to never drink and drive. If you plan on drinking, designate a sober driver or use a ride-sharing service to get home safely.

If you are arrested for DUI, it is essential to exercise your right to remain silent and contact an experienced DUI lawyer right away. At Okoye Law, our skilled attorneys can challenge your administrative suspension and fight your criminal DUI charges. In some cases, we may be able to negotiate a plea deal that reduces your charges to reckless driving, which carries less severe penalties than a DUI conviction.

Contact us today for a consultation. We will review your case, explain your options, and fight to achieve the best possible outcome. Don’t let a DUI conviction jeopardize your freedom and your future.