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Drunk Driving Accidents in South Carolina: Legal Implications and Consequences

Posted by Clay Hopkins | Sep 02, 2023 | 0 Comments

Drunk driving accidents are a grave concern in South Carolina, as they pose significant threats to public safety.  Understanding the legal framework and the potential ramifications for both the victims and the perpetrators is crucial in addressing this issue effectively.

DUI Laws in South Carolina

South Carolina has stringent laws in place to combat drunk driving. The state's Blood Alcohol Concentration (BAC) limit for adult drivers is 0.08%, and for drivers under the age of 21, it is 0.02%. If a driver is found to be operating a vehicle with a BAC above these limits, they can face severe penalties, including fines, license suspension, and even imprisonment.

Criminal Penalties for DUI

If a driver is arrested for driving under the influence (DUI) in South Carolina, they can expect to face criminal penalties. These penalties can vary depending on factors such as the offender's BAC level, prior DUI convictions, and the presence of aggravating circumstances. Penalties may include:

  • Fines: DUI fines can range from several hundred to several thousand dollars.
  • License Suspension: A DUI conviction often results in a license suspension, which can last for months or even years.
  • Imprisonment: Jail time is a possibility, especially for repeat offenders or cases involving serious injuries or fatalities.
  • Ignition Interlock Device: Some offenders may be required to install an ignition interlock device in their vehicle, which prevents the vehicle from starting if alcohol is detected on the driver's breath.
  • Probation: DUI offenders may be placed on probation, which includes mandatory alcohol education programs and regular check-ins with a probation officer.

Civil Liability for Drunk Driving Accidents

In addition to criminal penalties, individuals who cause drunk driving accidents can also face civil liability. Victims of these accidents can file personal injury lawsuits against the responsible party to seek compensation for their injuries, medical expenses, property damage, and emotional distress.

South Carolina follows a modified comparative negligence system, which means that even if the victim shares some degree of fault for the accident, they can still recover damages. However, their recovery will be reduced by their percentage of fault.

Dram Shop Laws

South Carolina has "dram shop" laws that hold alcohol vendors, such as bars and restaurants, liable for injuries caused by customers they over-serve. If an establishment knowingly serves alcohol to an already intoxicated person who subsequently causes a drunk driving accident, the establishment may be held partially responsible for the damages.

Ignition Interlock Program

South Carolina also has an ignition interlock program, which allows some DUI offenders to regain their driving privileges while using an ignition interlock device. This program is aimed at reducing recidivism and ensuring that individuals with DUI convictions can continue to work and fulfill their responsibilities while maintaining public safety.


Drunk driving accidents in South Carolina have serious legal implications and consequences. The state has enacted strict DUI laws, criminal penalties, and civil liability provisions to deter and punish those who drive under the influence.  Ultimately, the goal is to reduce the incidence of drunk driving accidents and protect the safety of all South Carolina residents. If you would like to discuss the legal framework surrounding drunk driving accidents for both victims seeking compensation and offenders facing legal consequences, give Hopkins Law Firm a call today at (843) 314-4202 or contact us online for a free case evaluation.

About the Author

Clay Hopkins

South Carolina Lawyer


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