Being arrested for DUI or DWI in South Carolina is a serious event that can affect your freedom, your finances, and your future. Whether it’s your first offense or you’ve been through the process before, it’s important to understand your rights and what the law allows during and after the arrest.

This guide covers the DUI/DWI arrest process in South Carolina, including testing procedures, implied consent laws, penalties, and your defense options.

What Counts as DUI/DWI in South Carolina?

In South Carolina, you can be charged with DUI (Driving Under the Influence) if your ability to drive is impaired by alcohol, drugs, or both. A DWI (Driving While Intoxicated) is not a separate charge in South Carolina. Most people use the terms interchangeably, but legally, the charge is DUI.

If your blood alcohol concentration (BAC) is 0.08% or higher, you’re considered impaired. But you can still be charged with DUI if your BAC is lower, especially if the officer believes you’re not safe to drive due to drugs, alcohol, or both.

What Happens During a DUI Arrest in South Carolina?

Most DUI arrests follow a similar process:

• An officer pulls you over based on suspected impairment or a traffic violation.
• You’re asked to perform field sobriety tests.
• The officer might ask you to take a breath test using a DataMaster machine at the station.

During the stop and afterward, you have rights, and it’s important to know what they are.

Understanding South Carolina’s Implied Consent Law

When you get a driver’s license in South Carolina, you automatically agree to certain rules under the implied consent law. One of those rules is that you’ll submit to chemical testing (breath, blood, or urine) if you’re lawfully arrested for DUI.

Refusing to take a test can lead to automatic penalties:

• License suspension for at least 6 months for a first refusal.
• Ignition interlock device requirement if you want to keep driving with a restricted license.
• Your refusal can be used against you in court.

While you can refuse, there are consequences, and it’s best to speak with an attorney right away if you do.

Can You Choose Between a Breath or Blood Test?

Usually, officers start with a breath test at the police station. If you’re unable to take that test or if drugs are suspected, they might ask for a blood or urine test. You can’t choose which test you take, but you can request an independent test after the official one. South Carolina law gives you the right to have your own medical provider administer a test, and officers must allow you that opportunity within a reasonable time.

What Are the Penalties for DUI in South Carolina?

Penalties depend on whether it’s your first offense and how high your BAC was at the time of arrest. Here’s a general breakdown:

First Offense:

• Fines from $400 to over $1,000.
• Up to 30 days in jail.
• License suspension for 6 months.
• Completion of the Alcohol and Drug Safety Action Program (ADSAP).

Second Offense:

• Up to 1 year in jail.
• Longer license suspension.
• Mandatory ignition interlock.

Third Offense or Higher:

• Even longer jail time and license consequences.
• Vehicle forfeiture possible in some cases.

These are just the criminal penalties. You might also face increased insurance rates, job consequences, and other long-term issues.

Your Right to an Attorney

You have the right to remain silent and to request an attorney. You should use both rights. You’re not required to answer questions about where you’ve been, whether you’ve been drinking, or what medications you’ve taken. Anything you say can be used as evidence.

The sooner you contact a DUI defense attorney, the better. They can help protect your rights, request evidence like dash cam footage, and challenge improper procedures or testing errors.

Defense Options for DUI/DWI in South Carolina

Just because you were arrested doesn’t mean you’ll be convicted. A skilled attorney can look for weaknesses in the state’s case, such as:

• Improper traffic stop. If the officer didn’t have a valid reason to pull you over, the arrest could be challenged.
• Field sobriety test errors. These tests must follow specific guidelines to be reliable.
• Faulty breath test equipment. Machines must be regularly calibrated and maintained.
• Unlawful arrest procedures. Failing to read your rights or denying your right to an independent test can be legal issues.

Even in cases where the evidence seems strong, an attorney can negotiate for reduced charges or alternative sentencing programs.

Know Your Rights Before You Need Them

A DUI/DWI charge in South Carolina is not something to take lightly. But it’s also not something you have to face alone. Understanding your rights, acting quickly, and getting experienced legal guidance can make all the difference.

Winslow Law proudly represents individuals in Myrtle Beach, Columbia, and Pawleys Island. If you’ve been charged with DUI in South Carolina, our team is here to protect your future and your rights.

Winslow Law—Committed counselors for our clients and community.

FAQs

 

1. What should I do first if I’m arrested for DUI in South Carolina?

Stay calm, remain silent, and ask for an attorney. Don’t argue with the officer or try to talk your way out of it. The most important thing is to protect your legal rights and get a defense attorney as soon as possible.

2. Can I lose my license even before I go to court?

Yes. If you refuse a chemical test or if your BAC is 0.15% or higher, your license can be suspended right away under South Carolina’s implied consent law. You might be eligible for a restricted license but must act fast.

3. Is it possible to get a DUI charge dropped or reduced?

Yes, in some cases. It depends on the evidence, the arrest process, and whether proper legal procedures were followed. An experienced attorney can evaluate your case and identify the best strategy for a strong defense.