If you’ve been arrested for driving under the influence (DUI) in South Carolina for the first time, you’re likely feeling overwhelmed, anxious, and unsure about what comes next. As criminal defense attorneys who’ve served Aiken County and the surrounding area for decades, we understand how serious and life-changing even a first DUI offense can be.
In South Carolina, a DUI charge isn’t just a traffic ticket—it’s a criminal offense that can affect your job, license, insurance, reputation, and future. Even if you’ve never been in trouble with the law before, the penalties for a first-time DUI are significant and often misunderstood.
Our criminal defense attorneys will help you understand what you’re up against, what to expect, and what your legal options are. If you’ve recently been charged with a DUI in Aiken, South Carolina take action right away by calling our skilled DUI defense lawyers at (803) 649-5338.
South Carolina DUI Laws for First-Time Offenders
South Carolina has strict laws in place to deter impaired driving. Under state law, you can face DUI charges if you are driving an automobile while impaired by alcohol or drugs. That determination can be based on your behavior, your driving pattern, and your blood alcohol concentration (BAC).
Legal BAC Limits in South Carolina:
- 0.08% for drivers age 21 and over.
- 0.04% for commercial driver’s license (CDL) holders.
- 0.02% for drivers under the age of 21.
Even if your BAC is below 0.08%, you can still be apprehended and be subjected to DUI charges if law enforcement believes you’re impaired.
South Carolina’s Implied Consent Law
When you get a driver’s license in South Carolina, you automatically agree to the Implied Consent Law. You agree to submit to a breath, blood, or urine test if you’re suspected of DUI. Refusing to take one of these tests can result in an automatic license suspension, even if you’re later found not guilty.
Penalties for a First-Time DUI in South Carolina
A first-time DUI conviction comes with a range of criminal and administrative penalties.
Here’s what you might be facing:
Fines and Court Costs
You can expect to pay $400 to $1,000 in fines, plus court fees. The total out-of-pocket cost can easily exceed $1,000.
Jail Time or Public Service
First-time offenders may face 48 hours to 90 days in jail, depending on your BAC level. However, in many cases, judges allow community service or participation in alternative sentencing programs instead of jail time.
License Suspension
A first-time DUI conviction typically results in a 6-month license suspension. If you refused chemical testing, that suspension could be longer under implied consent laws.
To get your license back, you may need to:
- Enroll in and complete the Alcohol and Drug Safety Action Program (ADSAP)
- Pay reinstatement fees
- Meet other DMV requirements
ADSAP Requirement
ADSAP is a mandatory alcohol education and treatment program that all convicted DUI offenders must complete before license reinstatement.
Ignition Interlock Device (IID)
For some first-time offenders—especially those with a high BAC or who refused testing—the court may require the installation of an IID in your vehicle, which prevents your car from starting unless you pass a breath test.
Consequences Beyond Legal Penalties
Unfortunately, the penalties don’t end with the court for a first-time DUI.
Increased Insurance Premiums
Your auto insurance rates may increase dramatically—sometimes doubling or tripling—and you could be classified as a high-risk driver.
Employment Issues
A DUI conviction can make job hunting harder, especially for positions requiring a clean driving record or security clearance. It can also jeopardize current employment if your job requires driving or professional licensing.
Reputation and Relationships
A first-time DUI arrest—even a first—can be embarrassing and stressful. Your personal relationships may suffer, and the stigma can follow you for years.
The DUI Legal Process for First-Time DUI Offenders
Understanding the process can reduce some of the uncertainty you’re feeling.
Arrest and Booking
After being pulled over and arrested, you’ll be booked and processed at the local jail. You may be released on bond within hours, but the legal journey is just beginning.
Administrative License Suspension
If you refused chemical testing or had a BAC of 0.15% or higher, the DMV may automatically suspend your license. You have 30 days to request a hearing to contest the suspension.
Arraignment and Plea
You’ll appear in court to enter a plea—guilty, not guilty, or no contest. This is a crucial point to have legal representation.
Trial or Plea Deal
If your case proceeds, your attorney may negotiate a plea deal or take your case to trial, depending on the facts, evidence, and your personal goals.
Defense Strategies for a First DUI
A first-time DUI charge is not the same as a conviction. There are several possible defenses that can lead to reduced charges or even a dismissal:
- Illegal Traffic Stop – If the officer didn’t have a valid reason to stop you, the entire case could be thrown out.
- Faulty Breathalyzer or Field Sobriety Tests – These tests are not infallible and must be administered properly.
- Procedural Errors – Errors in arrest procedure, Miranda rights, or chemical testing protocol may invalidate key evidence.
- Mitigating Circumstances – A clean record, cooperation with police, or completion of treatment programs may help reduce your sentence.
Every case is different, and a skilled DUI attorney can identify the best strategy for your situation.
Why Hiring a DUI Lawyer Matters
Here’s why enlisting skilled DUI attorneys matters:
Evidence Review and Legal Challenges
An experienced DUI attorney knows how to challenge flawed evidence, question the arresting officer’s procedures, and push for reduced penalties or case dismissal.
Navigating the Legal System
From DMV hearings to court appearances, your lawyer will handle the paperwork, deadlines, and procedures you may not even be aware of.
Protecting Your Record
A first-time DUI conviction will stay on your criminal record. In some cases, your lawyer may be able to negotiate a lesser charge like reckless driving, which can have far fewer consequences.
Enlist Skilled DUI Attorneys For Help Navigating Your First-Time DUI Today
If you’ve been charged with a first-time DUI in South Carolina, don’t make the mistake of thinking it’s “just a misdemeanor.” The truth is that it can affect your freedom, finances, driving privileges, and future for years to come.
You do have rights—and you’re not alone. At Johnson, Johnson, Whittle, Lancer and Staggs, we’ve successfully defended countless individuals just like you who are facing their first DUI charge. The sooner you take action, the more options you may have. Contact our DUI defense team today at (803) 649-5338 to discuss your options and protect your rights.
