SC Articles on Law
Susan Williams
/ Categories: DUI

Will I go to Jail if I am Found Guilty of DUI in SC?

How much time you spend in jail if you’re convicted of a DUI in SC will depend on different factors. So here are a few of them:

  • The facts of your case

  • Was anyone was injured or killed (other than the person convicted of DUI)? This could mean passengers in your vehicle, another vehicle, pedestrian, etc.

  • Do you have any other pending charges?

  • Are you currently on probation?

  • How much time did you spend in jail after your DUI arrest? The Judge may consider credit for time served

  • Your prior criminal record

  • Your BAC (Blood Alcohol Content) level. This could be from a breath sample or a blood sample)

  • Whether you “refused to blow” (into the breathalyzer)

Let’s take a look specifically at BAC levels as they relate to jail time (DUI’s involving death or serious injury may be subject to a different analysis):


Zero BAC level (“refused to blow”)

BAC was .08 to .10

BAC was .10 to .15

BAC was .16 or more

DUI 1st

Minimum of 2 days but no more than 30 days *

Minimum of 2 days but no more than 30 days *

Minimum of 3 days but no more than 30 days *

Minimum of 30 days but no more than 90 days *

DUI 2nd

Minimum of 5 days but no more than 1 year

Minimum of 5 days but no more than 1 year

Minimum of 30 days but no more than 2 years

Minimum of 90 days but no more than 3 years

DUI 3rd

Minimum of 60 days but no more than 3 years

Minimum of 60 days but no more than 3 years

Minimum of 90 days but no more than 4 years

Minimum of 6 months but no more than 5 years

DUI 4th

Minimum of 1 year but no more than 5 years

Minimum of 1 year but no more than 5 years

Minimum of 2 years but no more than 6 years

Minimum of 3 years but no more than 7 years

*You may be able to do public service employment in lieu of this jail sentence

Have you been charged with a DUI in Charleston, SC or surrounding areas? Would you like to talk about your options?

Dial 843-607-9800 or use this form to contact me.

Let's Talk About The Details of Your Case.

Choosing the right attorney can be the most important step you’ll ever take. Schedule a free consultation today.

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Previous Article Is a DUI a Felony or Misdemeanor in South Carolina?
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Copyright 2018 Susan E. Williams, Summerville, SC, All Rights Reserved.