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South Carolina · First offense

A first DUI in South Carolina: what it can result in

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A fine or 48 hours — and the reading sets which. South Carolina builds three tiers into the first offense itself. Below 0.10 it is a $400 fine or 48 hours to 30 days; from 0.10 to under 0.16 it is $500 or 72 hours; at 0.16 or more it is $1,000 or 30 to 90 days. Public service employment may be substituted for the minimum — but the statute is explicit that the court cannot compel it, and that the hours must fall outside your working time.

Written any number of ways — a 1st offense DUI, DUI 1st, DUI first offense SC, or a first 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.

What the statute sets

Grade. Misdemeanor under § 56-5-2930

Confinement. 48 hours to 30 days, or 72 hours or 30 days at higher readings

Fine. $400, $500 or $1,000 depending on the reading

South Carolina Code § 56-5-2930 · S.C. Code § 56-5-2930(A)(1) · checked 2026-09-04

What raises it

What turns this DUI into something worse

Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.

The factWhat it makes itDetail and source
A reading of 0.10 or 0.16Three separate sets of numbers inside one offenseNot an enhancement but a rewrite of the sentence: $400 and 48 hours below 0.10, $500 and 72 hours from 0.10, $1,000 and 30 days at 0.16 or more. The ladder repeats on every subsequent offense with larger numbers. South Carolina Code § 56-5-2930 · S.C. Code § 56-5-2930(A)(1)–(4) · checked 2026-09-04
The other half of the sentence

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

Speak to a South Carolina DUI attorney

Ranges are set by statute; where you land inside them is argued. Tell us where the case is and we will pass it to an attorney licensed in South Carolina.

Asked constantly

South Carolina DUI questions

Is jail time mandatory for a 1st DUI in South Carolina?

South Carolina builds three tiers into the first offense itself. Below 0.10 it is a $400 fine or 48 hours to 30 days; from 0.10 to under 0.16 it is $500 or 72 hours; at 0.16 or more it is $1,000 or 30 to 90 days. Public service employment may be substituted for the minimum — but the statute is explicit that the court cannot compel it, and that the hours must fall outside your working time.

How likely is jail time for a first DUI in SC?

Start from what the statute forces and what it leaves to the judge. The floor here is 48 hours to 30 days, or 72 hours or 30 days at higher readings, and it moves on the facts: a reading of 0.10 or 0.16 means three separate sets of numbers inside one offense. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.

What is the punishment range for a 1st DUI in South Carolina?

Misdemeanor under § 56-5-2930: 48 hours to 30 days, or 72 hours or 30 days at higher readings, and a fine of $400, $500 or $1,000 depending on the reading. The range is set by S.C. Code § 56-5-2930(A)(1), and the figures on this page come from the statute rather than from a summary of it.

What makes it worse in South Carolina?

A reading of 0.10 or 0.16 — three separate sets of numbers inside one offense.

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 when it becomes a felony penalties.

All South Carolina DUI rules →Penalties across the states →South Carolina DUI lawyers →Getting the license back →

Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.