South Carolina law defines “under the influence” as being impaired to an extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired.
A driver who has a BAC of .08% or more can be convicted of a “per se DUI,” regardless of his or her level of actual impairment. The volume of alcohol necessary to reach these BAC levels can differ depending on the person’s gender, body size and the type of alcohol.
| 1st Offense | 2nd Offense | 3rd Offense | |
| Jail | 48 hours to 1 year |
5 days to 3 years | 60 days to 5 years |
| Fines | $400 to $1,000 |
$2,100 to $6,500 | $3,800 to $10,000 |
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