At the Law Office of James R. Snell, Jr., LLC, we represent people every day who have been charged with DUI in Columbia and throughout South Carolina. Our primary goal is simple—to help our clients avoid a conviction. Because when there’s no conviction, there are no criminal penalties.
Penalties for a First-Offense DUI in South Carolina
If you are convicted of a first-offense DUI, the consequences can be severe. The penalties are issued through both the criminal courts and the South Carolina Department of Motor Vehicles (DMV). Even if this is your first time ever being arrested, a conviction can carry life-altering consequences.
A conviction will result in a lifetime criminal record. DUI charges in South Carolina cannot be expunged—ever. This means the conviction will follow you for life, showing up on background checks for employment, professional licensing, and even housing.
You could be sentenced to a fine of up to $2,400 or up to 90 days in jail, depending on your blood alcohol concentration (BAC) at the time of arrest. The court can impose a sentence that includes either or both.
Following a conviction, you’ll be required to carry SR-22 insurance for three years, which is a high-risk insurance certificate. Most drivers will see their rates skyrocket as a result.
You’ll also be ordered to complete the Alcohol and Drug Safety Action Program (ADSAP). This is a mandatory substance abuse education program that must be completed before your license can be reinstated.
And under current South Carolina law, anyone convicted of DUI is required to install an ignition interlock device (IID) on any vehicle they intend to drive. The minimum period is six months, but it can be longer depending on the specifics of the case and your driving history.
What About DMV Penalties?
It’s important to clarify that the DMV does not impose any penalties just because you were arrested for DUI. However, if your case also involves what’s called an “implied consent violation,” the DMV can suspend your license immediately—before any conviction.
Implied consent suspensions occur when a driver either refuses to provide a breath, blood, or urine sample or submits a breath test with a result of 0.15% or higher. In those situations, the South Carolina DMV will automatically suspend your license, often on the day of the arrest.
This is where fast legal action is essential. Our office can usually request a contested case hearing with the Office of Motor Vehicle Hearings within just an hour of being hired. This filing stops the automatic suspension and allows you to apply for a Temporary Alcohol Restricted License (TARL) so that you can continue to drive legally while your case is pending.
Roughly 60% of DUI cases in the Columbia area also include an implied consent suspension, meaning many of our clients are actually dealing with two separate cases—the criminal DUI case in court and an administrative license suspension case with the DMV.
No Conviction Means No Criminal Penalties
Everything described above—the fines, the jail time, the lifetime record, the ignition interlock, the SR-22 insurance, and the mandatory courses—only applies if you are convicted. If your case is dismissed, reduced to a non-DUI offense, or successfully defended in court, these penalties can be avoided entirely (if reduced to another ticket, for example speeding, the fine and license points for that ticket would apply instead).
This is the reason why people choose to hire our firm. We are not here to walk you through a guilty plea. We are here to fight for your rights, your license, and your future.
Take the First Step
If you or a loved one has been arrested for DUI in Columbia, South Carolina, we invite you to schedule a free consultation with our office. During your consultation, we will walk you through the entire process—step by step—and explain how we can help you challenge both the DUI charge and any DMV-related license suspension.
Call the Law Office of James R. Snell, Jr., LLC today at (803) 359-3301 to speak with a member of our team. The sooner you contact us, the sooner we can take action to protect your license and start building your defense.