South Carolina Implied consent – evidence of refusal
- Refusal of test can be used against defendant in court. S.C. Code § 56-5-2950(B)(1).
South Carolina Implied consent – administrative / civil penalty for refusal
- First refusal driver’s license suspended for six months.
- Refusal with prior conviction within past 10 years driver’s license suspended for nine months. Refusal with two prior convictions within past 10 years driver’s license suspended for 12 months. Refusal with three or more prior convictions within past 10 years driver’s license suspended for 15 months. S.C. Code § 56-5-2951(I).
South Carolina Implied consent – criminal penalty for refusal
South Carolina DUI Conviction – administrative / civil penalty (license suspension, use of IID)
- First conviction driver’s license suspended for six months.
- Second conviction driver must enroll in IID Program and use for two years.
- Third conviction driver must enroll in IID Program and use for three years (four years if it is third conviction within five years).
- Fourth or subsequent conviction driver must enroll in IID program and use for lifetime. S.C. Code § 56-5-2990.
South Carolina DUI Conviction – criminal penalties (jail sentence, fines, community service)
- First conviction jail sentence of 48 hours to 30 days or $400 fine; community service may be ordered instead of jail.
- Second conviction jail sentence of five days to one year; fine of $2,100-$5,100.
- Third conviction jail sentence of 60 days to three years; fine of $3,800-$6,300.
- Fourth of subsequent conviction jail sentence of one to five years. S.C. Code § 56-5-2930(A).
- Felony driving under the influence occurs if a driver causes great bodily injury or death while committing a violation. S.C. Code § 56-5-2945(A).
Child endangerment
- If a driver aged 19 or older commits a violation with a child under age 16 in vehicle. S.C. Code § 56-5-2947.
