A person who commits a DUI that causes great bodily injury will be imprisoned for 30 days to 15 years and fined $5,100 to $10,100. “Great bodily injury” means bodily injury that creates a substantial risk of death or which causes serous, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ. A person who commits a DUI that causes the death of another will be imprisoned from one to 25 years and fined $10,100 to $25,100.
A person 18 or over who commits a DUI while a passenger under 16 is in the vehicle is subject to additional penalties of up to one-half of the maximum prison sentence and one-half of the maximum fine applicable to the initial offense. For example, the maximum prison term for a second-time DUI offender is one year and the maximum fine is $5,100. If the offender committed the DUI while a passenger under 16 was in the vehicle, he or she is subject to an additional six months in prison and an additional $2,550 fine.
The length of time that an interlock device is required to be affixed to a motor vehicle following the completion of a period of license suspension imposed on the offender is two years for a second offense, three years for a third offense, and the remainder of the offender's life for a fourth or subsequent offense.
In addition to other penalties that may apply under South Carolina’s DUI laws, a commercial driver who commits a first DUI while driving any vehicle will be disqualified from driving a commercial vehicle for at least one year. If, however, the driver was operating a commercial vehicle and transporting hazardous materials at the time, the disqualification period is at least three years. A commercial driver who commits a second DUI while driving any vehicle will be disqualified from driving a commercial vehicle for life, which may or may not be reduced to a period of not less than 10 years.
In addition to other penalties that may apply under South Carolina’s DUI laws, a driver under 21 whose BAC registered .02 or more will have his or her driver’s license suspended for three months for a first violation or six months if the driver had been previously convicted of DUI within five years. Within 30 days of receiving the suspension notice, the driver must either request an administrative hearing or enroll in an alcohol safety action program.
Under this law, an injured third party has a right to maintain a negligence action against a tavern owner if the tavern served alcohol to an intoxicated adult or to a person under 21 and the drinker’s intoxication caused the injury. South Carolina does not permit a dram shop action to be brought by an intoxicated adult drinker who suffers injury because of his or her own intoxication.
A server at a tavern who knowingly sells alcohol to a person under 21 faces 30 to 60 days in prison and a fine of $100 to $200.
A person who furnishes or gives alcohol to a person under 21, for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.
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Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia. This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.