If you’re pulled over, arrested, or even worried about a DUI in South Carolina, you’re not alone – and you’re not the first person to Google the exact questions below. South Carolina’s DUI laws are strict, technical, and full of details that most people don’t learn until it’s too late.
This guide breaks down the most common DUI questions we hear at Mastantuno Law Firm, answered in clear, practical language so you know what to expect – and how to protect yourself.

Yes. Absolutely.
In South Carolina, DUI doesn’t require alcohol – only that a substance “materially and appreciably impairs” your ability to drive (S.C. Code §56-5-2930).
That means you can be charged with DUI if you’re impaired by:
Even if the medication is legal and taken as prescribed, impairment = arrest.
You can technically refuse – but the consequences start immediately.
Under South Carolina’s Implied Consent Law, refusing the breath test leads to:
In many cases, refusing the breath test makes the situation harder, not easier.

You can still be charged with DUI.
South Carolina law allows DUI charges at:
0.08% is not the threshold for innocence – it’s the threshold for a legal inference of impairment.
Yes. This is called “DUI by interpretation” or “DUI by circumstance.”
You can be arrested if:
This is extremely common in:

Yes. The law looks at whether you were in actual physical control of the vehicle.
That means DUI can apply if:
If you need to sleep it off, always:
Still not a guarantee – but much safer legally.

Your license can be suspended before you’re ever convicted.
Two types of suspensions exist:
You may qualify for:
A lawyer can help restore driving privileges faster.
Yes – jail time is possible for first-time offenders in SC.
1st Offense DUI Penalties:
Judges may allow:
But jail is not automatically waived for first offenders.
No – DUIs cannot be expunged under South Carolina law.
A DUI conviction remains on your criminal record for life.
Almost certainly.
After a DUI in South Carolina:
The financial impact often lasts 3–7 years.

Yes – and you probably should.
Field Sobriety Tests (FSTs):
You won’t avoid arrest, but you avoid giving them flawed data.

DUI = impaired driving
DUAC = Driving with Unlawful Alcohol Concentration (.08 or higher)
DUAC penalties are similar but:
Not during the traffic stop.
Miranda rights are required only when:
Un-Mirandized roadside conversations are still admissible.
Keep it simple:
Talking too much is one of the biggest reasons people get charged.
If you care about:
Then yes.
DUI law in South Carolina is technical, fast-moving, and unforgiving. Defending yourself almost always results in harsher penalties.

A DUI charge in South Carolina can impact your freedom, your job, your license, and your reputation – even if it’s your first offense.
At Mastantuno Law Firm, we help clients:
If you’re facing a DUI charge, the worst thing you can do is wait.
Contact us today for a free consultation.
