If you’ve been charged with Driving Under the Influence (DUI) in South Carolina, the stakes are high. A DUI conviction can mean license suspension, fines, jail time, skyrocketing insurance, and a criminal record. But not all DUI charges lead to convictions—and there are real strategies that can help you beat a DUI in South Carolina.

This guide explains, step by step, what to do after an arrest, what legal defenses exist, and answers to the most common DUI questions in South Carolina—without fluff or scare tactics.

Step-by-Step: What to Do If You’re Charged with a DUI in SC

Step 1: Request an Administrative Hearing Within 30 Days

If your license was suspended (for refusing or failing a breath test), you have 30 days to request a DMV hearing. This is separate from your criminal case and gives you a chance to fight the suspension.

Step 2: Hire a DUI Defense Attorney

Don’t wait. A lawyer can review dashcam footage, breath test procedures, and officer conduct. DUI cases are highly technical, and small mistakes by law enforcement can lead to dismissal.

Step 3: Get a Copy of Your Arrest Report and Video Evidence

South Carolina law requires that DUI arrests be recorded on video. If the officer fails to follow the exact procedures, your case could be dismissed.

Step 4: Evaluate Whether the Stop Was Legal

If police didn’t have probable cause to stop you, the evidence against you could be thrown out. This is often the first angle a DUI attorney investigates.

Step 5: Challenge the Field Sobriety and Breath Tests

Both types of tests can be challenged based on how they were administered, medical conditions, or faulty equipment.

Step 6: Explore Plea Options or Prepare for Trial

Some cases may be eligible for Pre-Trial Intervention (PTI), “dead docketing,” or dismissal. Others may need to go to trial—especially if evidence is weak or improperly gathered.

Common Questions About DUI in South Carolina

Is DUI a Felony or Misdemeanor in SC?

• A first, second, or third DUI is usually a misdemeanor.
  
• A fourth DUI or DUI with serious injury/death is a felony.
  

Do You Lose Your License for a First DUI in SC?

Yes. A first-offense DUI conviction results in a 6-month license suspension, longer if you refused the breath test. You may qualify for an ignition interlock license.

How to Get Your License Back After DUI in SC

• Serve the suspension period
  
• Complete the ADSAP (Alcohol and Drug Safety Action Program)
  
• Pay all DMV reinstatement fees
  
• Install an ignition interlock device (IID)
  

Does SC Require Ignition Interlock Devices with DUI?

Yes, in 2024 South Carolina changed their laws and you must install an IID to regain driving privileges.

Weird But Real: Can You Get a DUI On a…

🐴 A Horse in SC?

Yes. You can be charged with DUI on a horse, as South Carolina law applies to vehicles or conveyances, and horses have historically been included.

🛵 A Moped?

Yes. As of 2018, mopeds are considered motor vehicles under SC law, so you can get a DUI on a moped.

🚲 A Bicycle?

Technically, no. South Carolina does not classify bicycles as motor vehicles, so you can’t be charged with DUI on a bike—but you may face public intoxication or other charges.

🛶 A Kayak or Boat?

Yes. Operating any watercraft under the influence can result in a BUI (Boating Under the Influence) charge, which carries similar penalties.

Can a DUI Be Dismissed in SC?

Yes. DUI cases get dismissed for reasons like:

• Illegal traffic stop
  
• Faulty or missing dashcam footage
  
• Mishandled breathalyzer tests
  
• Violations of your Miranda rights
  
• Incomplete officer training
  

Can a DUI Be Expunged in South Carolina?

No. A conviction for DUI in SC cannot be expunged from your record. That’s why beating the charge—or getting it reduced or dismissed—is so important.

Can You Get a CWP or Buy a Gun with a DUI in SC?

• A first-offense DUI misdemeanor does not disqualify you from owning a firearm or obtaining a Concealed Weapons Permit (CWP) in South Carolina.
  
• However, multiple DUIs or a felony DUI may affect your eligibility.
  

Can DUI Charges Stick Without a Breath Test in SC?

Yes. Prosecutors can still use:

• Officer testimony
  
• Dashcam footage
  
• Field sobriety tests
  
• Witness statements
  

But lack of a breath test often weakens the case, which may improve your defense options.

Can You Be a Teacher With a DUI in South Carolina?

Possibly. While a DUI conviction doesn’t automatically disqualify you, it may affect employment depending on the district and whether it’s a misdemeanor or felony. Reporting requirements vary.

Can a DUI Be “Dead Docketed” in SC?

Yes. “Dead docketing” removes a case from the active trial docket. It’s not a conviction or dismissal—but the case is effectively paused indefinitely. It may happen when evidence is weak or the prosecution chooses not to proceed.

How Does a DUI Affect Insurance in SC?

• Your insurance will likely increase significantly.
  
• You may be forced into SR-22 insurance, a high-risk policy required for license reinstatement.
  
• Rates stay high for 3 to 5 years.
  

How Does a DUI Affect College in SC?

A DUI could:

• Affect your eligibility for scholarships
  
• Appear on background checks
  
• Lead to university disciplinary action
  

If you’re in college, talk to a lawyer ASAP—there may be additional school-specific consequences.

Does Causing a Wreck Increase DUI Penalties in SC?

Yes. If your DUI involved a crash, expect:

• Higher fines
  
• Longer jail time
  
• Restitution for damages
  
• Possible felony charges if serious injury or death occurred
  

How to Find DUI Arrest Records in Charleston, SC

• Visit the Charleston County Public Index
  
• Search by name or case number
  
• For statewide records, use the SC Judicial Branch site
  

Need Help with a DUI in South Carolina?

Beating a DUI is never easy, but with the right strategy—and the right legal team—you may be able to dismiss, reduce, or minimize the damage. At Mastantuno Law Firm, we fight DUI charges across Charleston, Mount Pleasant, and throughout South Carolina.

Contact Us for a Consultation