Third offense
Impairment-based statute only
No cannabis-specific drugged driving law
Enhanced penalties
0.16
Ten years
In compliance with Federal requirements
Good Samaritan law enacted
Administrative penalties
No 24/7 legislation
ALS/ALR law enacted
Permitted
Habitual Offender Law Enacted
101-150 DREs
No DUI Courts
No Hybrid Courts
No cannabis open container law
Non-psychoactive Medical Cannabis (i.e., Cannabidiol - CBD)
Blood and urine
No affirmative defense
No Data Available
Not authorized to use e-warrants
No Data Available
No legislation introduced
No low BAC provisions
none
Mandatory repeat offender
Court Rule/Order
Stimulants
Judicial license suspension/revocation
Distinctive License & No Seizure Law
Lacks authorization
Oral fluid testing authorized
56-5-2950 Learn More
A person who drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs or the combination of alcohol and drugs if arrested for an offense arising out of acts alleged to have been committed while the person was driving a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs.
Yes in limited circumstances
56-5-2950 -Learn More
At the direction of the arresting officer, the person first must be offered a breath test to determine the person’s alcohol concentration. If the person is physically unable to provide an acceptable breath sample because the person has an injured mouth, is unconscious or dead, or for any other reason considered acceptable by the licensed medical personnel, the arresting officer may request a blood sample to be taken.
56-5-2946
Notwithstanding any other provision of law, a person must submit to either one or a combination of chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol, drug, or a combination of alcohol and drugs if there is probable cause to believe that the person violated or is under arrest for a violation of Section 56-5-2945.
56-5-2945
Felony DUI resulting in Great Bodily Injury or Death
Yes - 56-5-2950 - Learn More
A breath test must be administered at the direction of a law enforcement officer who arrested a person for driving under the influence of alcohol, drugs, or a combination of alcohol and drugs. At the direction of the arresting officer, the person first must be offered a breath test to determine the person’s alcohol concentration. . . . If the officer has reasonable suspicion that the person is under the influence of drugs other than alcohol, or is under the influence of a combination of alcohol and drugs ,the officer may order that a urine sample be taken for testing
No
Yes
Breath - A breath test must be administered at the direction of a law enforcement officer who arrested a person for driving under the influence of alcohol, drugs, or a combination of alcohol and drugs. At the direction of the arresting officer, the person first must be offered a breath test to determine the person’s alcohol concentration.
56-5-2930 Learn More
It is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired, under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired, or under the combined influence of alcohol and any other drug or drugs or substances which cause impairment to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired.
56-5-2930 Learn More
It is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired, under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired, or under the combined influence of alcohol and any other drug or drugs or substances which cause impairment to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired.
56-5-2950(B) Learn More
(B) No tests may be administered or samples obtained unless, upon activation of the video recording equipment and prior to the commencement of the testing procedure, the person has been given a written copy of and verbally informed that:
(1) he does not have to take the test or give the samples, but that his privilege to drive must be suspended or denied for at least six months if he refuses to submit to the test and that his refusal may be used against him in court;
(2) his privilege to drive must be suspended for at least one month if he takes the test or gives the samples and has an alcohol concentration of fifteen one-hundredths of one percent or more;
(3) he has the right to have a qualified person of his own choosing conduct additional independent tests at his expense;
(4) he has the right to request an administrative hearing within thirty days of the issuance of the notice of suspension; and
(5) if he does not request an administrative hearing or if his suspension is upheld at the administrative hearing, he must enroll in an Alcohol and Drug Safety Action Program.
Yes
Yes
Yes
Six to fifteen months (See § 56-5-2951(I)(2)(c) )
Yes
Yes
Any South Carolina resident convicted of a DUI first with a BAC of .15% or greater or a second or subsequent Driving Under the Influence (DUI) offense is required to have a device installed if they want to drive.
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
56-5-2930(H) Learn More
A person convicted of violating this section (DUI), whether for a first offense or subsequent offense, must enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services. An assessment of the extent and nature of the alcohol and drug abuse problem of the applicant must be prepared and a plan of education or treatment, or both, must be developed for the applicant. The Alcohol and Drug Safety Action Program shall determine if the applicant successfully has completed the services. The applicant must attend the first Alcohol and Drug Safety Action Program available after the date of enrollment. The Department of Alcohol and Other Drug Abuse Services shall determine the cost of services provided by each certified Alcohol and Drug Safety Action Program. Each applicant shall bear the cost of services recommended in the applicant's plan of education or treatment. The cost may not exceed five hundred dollars for education services, two thousand dollars for treatment services, and two thousand five hundred dollars in total for all services.
No Data Available
56-5-2930 Learn More
First offense: Fine of $400 or imprisonment for a period of not less than 48 hours or more than 30 days. Or minimum of 48 hours of public service. Required to complete an Alcohol and Drug Safety Action Program.
Second offense: Fine of not less than $2,100 but not more than $5,100 and imprisonment for a period of not less than 5 days but not more than 1 year. Required to complete an Alcohol and Drug Safety Action Program.
Third offense: Fine of not less than $3,800 but not more than $6,300 and imprisonment for a period of not less than 60 days or more than 3 years. Required to complete an Alcohol and Drug Safety Action Program.
Fourth and subsequent offense: Imprisonment for not less than 1 year nor more than 5 years and required to complete an Alcohol and Drug Safety Action Program.
Yes
Yes
First offense: Fine of $400 or imprisonment for a period of not less than 48 hours or more than 30 days. Or minimum of 48 hours of public service. Required to complete an Alcohol and Drug Safety Action Program.
Second offense: Fine of not less than $2,100 but not more than $5,100 and imprisonment for a period of not less than 5 days but not more than 1 year. Required to complete an Alcohol and Drug Safety Action Program.
Third offense: Fine of not less than $3,800 but not more than $6,300 and imprisonment for a period of not less than 60 days or more than 3 years. Required to complete an Alcohol and Drug Safety Action Program.
Fourth and subsequent offense: Imprisonment for not less than 1 year nor more than 5 years and required to complete an Alcohol and Drug Safety Action Program.
56-5-2947 Learn More
Child Endangerment
(A) A person eighteen years of age or over is guilty of child endangerment when:
(1) the person is in violation of:
…
(b) Section 56-5-2930 (DUI Statutes);
…
and
(2) the person has one or more passengers under sixteen years of age in the motor vehicle when the violation occurs. If more than one passenger under sixteen years of age is in the vehicle when a violation of subsection (A)(1) occurs, the person may be charged with only one violation of this section.
Section 44-53-110 Learn More
Tetrahydrocannabinols are referenced here.
No Data Available
No Data Available
No Data Available
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None
South Carolina is a medical CBD state
Illegal
Illegal
Illegal
Illegal
None
No Data Available
No Data Available
No Data Available
No Data Available
To a minor or within a 1/2 mile of a school, playground, or public park the crime is a felony with imprisonment up to 10 years and fine of up to $10,000. (See 44-53-445 and 16-17-490) (Note that there are no legal retailers of cannabis and no legal sales of cannabis to anyone in South Carolina. Fortunately, all possession or distribution of Marijuana is still illegal.)
No Data Available