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Getting arrested for Driving Under the Influence (DUI) in South Carolina is stressful and confusing. Many people are surprised to learn that the consequences begin long before a conviction. From the moment you are pulled over, your license, your freedom, your criminal record, and even your insurance rates may be affected.

This article breaks down what really happens after a DUI arrest in South Carolina, what penalties you may face for a 1st offense or 2nd offense DUI, and answers common questions people ask after being charged.

What Happens Right After a DUI Arrest in South Carolina

Breath Test and License Suspension

After being stopped, the officer will likely request a breath or blood test. Here’s what you need to know:

• Refusing the test: If you refuse, your license will be suspended for six months under South Carolina’s “implied consent” law.
• Failing the test: If your blood alcohol concentration (BAC) is .15% or higher, your license will also be suspended.
• Challenging the suspension: You have 30 days to request an implied consent hearing to challenge the suspension. While waiting on this hearing, you may qualify for a temporary license so you can keep driving legally.

So, do they take your license when you get a DUI? Yes. In most cases, your license will be suspended immediately unless you take quick legal action.

Court Date and Traffic Ticket

After the arrest, you’ll be issued a Uniform Traffic Ticket, which lists the charge, the officer’s information, and your initial court date. That first court date is usually a bench trial, but an experienced DUI lawyer can request a jury trial and push the date back to properly prepare your defense.

Tip: Never go to court alone. A DUI conviction has lifelong consequences, and showing up without an attorney can increase your risk of being convicted.

Bail and Release from Jail

Most DUI arrests in South Carolina qualify for bail or bond. Unless there are unusual circumstances, you’ll be released once the bond is posted.

When do you get released from jail after a DUI? Typically, within 24 hours, depending on the timing of your arrest, bail availability, and court schedules.

After release, your bond paperwork will list your next required court date. Failing to appear can lead to a bond violation and even a warrant for your arrest.

How a DUI Affects Your Record and Insurance

Criminal record: Even if you are not convicted, the arrest itself shows up on your criminal record and in background checks because your information is stored by the South Carolina Law Enforcement Division (SLED).

Insurance premiums: Your insurance rates will not increase simply because of an arrest. However, a conviction or guilty plea will cause your premiums to skyrocket. You’ll also be required to carry SR-22 insurance, which is much more expensive than standard coverage.

DUI Penalties in South Carolina

The severity of the penalties depends on whether it’s your first or second offense.

DUI 1st Offense in SC

• Fines up to $400 (plus court costs and assessments)

• Jail time from 48 hours to 30 days, or community service in lieu of jail

• License suspension of six months (longer if BAC is above .15%)

• Enrollment in Alcohol and Drug Safety Action Program (ADSAP)

DUI 2nd Offense in SC

• Fines up to $5,100 (plus court costs)

• Jail time from 5 days up to 1 year

• License suspension for one year or more

• Mandatory ignition interlock device after reinstatement

Is a DUI a felony in South Carolina?
Most DUIs are misdemeanors. However, DUI becomes a felony if it causes great bodily injury or death. Felony DUI carries severe prison time and life-altering consequences.

Frequently Asked Questions About DUI in South Carolina

Can you be charged with DUI months later?
Yes. While most DUI charges happen immediately after an arrest, in some cases (such as blood test results taking time), charges can be filed weeks or even months later.

How long will your license be suspended for a DUI?

• First offense: 6 months (longer if BAC is above .15%)

• Second offense: 1 year or more

• Refusal to blow: automatic 6-month suspension

Can you drive after getting a DUI?
Not immediately. If your license is suspended, you’ll need to apply for a temporary or restricted license. Your ability to drive legally depends on whether you request an implied consent hearing and the outcome of your case.

How to beat a DUI in South Carolina?
Defenses vary by case, but common strategies include:

• Challenging the traffic stop (was there probable cause?)

• Examining whether field sobriety tests were properly administered

• Reviewing video footage from the arrest

• Questioning the accuracy of the breath test machine

• Identifying errors in police procedure

An experienced DUI attorney can often find weaknesses in the state’s case and fight to reduce or dismiss the charges.

Why You Need a DUI Lawyer Immediately

DUI cases move quickly. Within days, your license can be suspended and your court date set. The sooner you hire an attorney, the more options you have to protect your record, your license, and your future.

At Bailey Law Firm, we:

• Fight license suspensions by filing administrative hearings

• Obtain and analyze dashcam and bodycam footage

• Challenge DUI testing procedures

• Push for dismissals, reduced charges, or acquittals

Take the Next Step

If you or a loved one has been arrested for DUI in South Carolina, don’t wait. The decisions you make in the first 30 days are critical. Contact Bailey Law Firm today. I personally handle every DUI case from start to finish to make sure you get the strongest defense possible.