Written by Susan E. Williams, South Carolina Criminal Defense Attorney
Last reviewed: January 2015 

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

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.

• 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):

*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.

About Susan E. Williams

Susan E. Williams is a South Carolina criminal defense attorney who represents clients facing criminal charges throughout the Lowcountry.

She handles matters involving DUI, domestic violence, drug charges, assault and battery, traffic offenses, and other criminal cases in South Carolina.

Learn more about Susan E. Williams

Written and reviewed by Susan E. Williams, South Carolina Criminal Defense Attorney
Last reviewed: January 2015

This article provides general information about South Carolina law and is not legal advice. Reading this article or contacting the Law Office of Susan E. Williams does not create an attorney-client relationship. The law and the options available depend on the specific facts and circumstances of each case.