Is a DUI a felony in South Carolina?
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Not by counting — by what happened to someone else. The repeat ladder here stays inside one section and does not become a felony by number alone: a fourth or subsequent offense carries one to five years, and more at higher readings. What makes it felony DUI is causing great bodily injury or death, and those fines are mandatory. With assessments and surcharges the state puts the real cost far higher than the statutory figure.
Written any number of ways — a 3rd DUI, a DUI 3rd, a felony DUI, or simply a DUI in SC — and the paperwork will use none of them. South Carolina charges it under a section number, and that is what decides the range below.
Grade. Felony DUI under § 56-5-2945
Confinement. 30 days to 15 years for great bodily injury; 1 to 25 years for a death
Fine. $5,100 to $10,100, or $10,100 to $25,100
South Carolina Department of Public Safety, DUI laws · S.C. Code §§ 56-5-2930(A)(4), 56-5-2945 · checked 2026-09-04
The device is a separate track
Since the All Offender Law took effect on 19 May 2024, every DUI conviction in South Carolina means a device if you want to drive at all. Drivers convicted of a first DUI below 0.15% whose offense predates that day may still choose. Decline to enroll and the suspension runs indefinitely — there is no waiting it out.
In South Carolina the interlock term runs Set by the offense and is administered by SC Department of Probation, Parole and Pardon Services, with SCDMV holding the record — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Source: SC Department of Probation, Parole and Pardon Services, with SCDMV holding the record
South Carolina DUI questions
Is a DUI a felony in South Carolina?
Not by counting — by what happened to someone else. The repeat ladder here stays inside one section and does not become a felony by number alone: a fourth or subsequent offense carries one to five years, and more at higher readings. What makes it felony DUI is causing great bodily injury or death, and those fines are mandatory. With assessments and surcharges the state puts the real cost far higher than the statutory figure.
What does a 3rd DUI in South Carolina carry?
Felony DUI under § 56-5-2945: 30 days to 15 years for great bodily injury; 1 to 25 years for a death, and a fine of $5,100 to $10,100, or $10,100 to $25,100. The range is set by S.C. Code §§ 56-5-2930(A)(4), 56-5-2945, and the figures on this page come from the statute rather than from a summary of it.
Does an interlock come with it in South Carolina?
Since the All Offender Law took effect on 19 May 2024, every DUI conviction in South Carolina means a device if you want to drive at all. Drivers convicted of a first DUI below 0.15% whose offense predates that day may still choose. Decline to enroll and the suspension runs indefinitely — there is no waiting it out. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by SC Department of Probation, Parole and Pardon Services, with SCDMV holding the record.
Other steps in South Carolina: second offense penalties and first offense penalties.
All South Carolina DUI rules →Penalties across the states →South Carolina DUI lawyers →Getting the license back →
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