7 Facts About Losing Your Driver’s License for a DUI in South Carolina
If you’ve been arrested for driving under the influence (DUI) in South Carolina, losing your driver’s license is a very real concern. In fact, in some cases, individuals who are arrested for DUI can lose their licenses automatically. In any case, getting your driver’s license back after a DUI arrest can be expensive, and trying to manage your daily life without being able to drive can prove both challenging and costly as well.
Your DUI Arrest and Your Driver’s License: What You Need to Know
With all of this in mind, if you are facing a DUI in South Carolina, there is a lot you need to know in order to ensure that you are making informed decisions focused on avoiding unnecessary consequences. Here are seven key facts about losing your driver’s license after a DUI arrest in South Carolina:
1. You Can Lose Your Driver’s License Automatically in Some Cases
As we said above, in some cases, a DUI arrest can lead to an automatic driver’s license suspension. Specifically, you can lose your driving privileges immediately if either:
- You refuse to take the breathalyzer (or provide a blood or urine sample) during your DUI stop; or,
- Your blood alcohol concentration (BAC) is 0.15% or above.
This is based on South Carolina’s “implied consent” law. If you are facing an automatic driver’s license suspension under the state’s “implied consent” law, you will need to promptly request a hearing at the South Carolina DMV or apply for a temporary alcohol license in order to protect your right to drive while your DUI case is pending.
2. You Can Lose Your Driver’s License for a DUI Conviction
Regardless of whether you are facing an automatic driver’s license suspension under South Carolina’s “implied consent” law, you can also lose your driver’s license if you get convicted of DUI in court. Under South Carolina law, the duration of your driver’s license suspension will be based primarily on your prior record, if any:
- First Offense: Six months
- Second Offense: One year
- Third Offense: Two years (four years for a third offense within five years)
- Fourth Offense: Permanent revocation
However, if you are under 21, if you are facing a felony DUI charge (i.e., if you caused a serious or fatal accident), or if your case involves certain other circumstances, then different laws may apply. When you hire an experienced DUI attorney to represent you, your attorney will be able to help you understand exactly what is at stake in your case.
3. You Can Lose Your Driver’s License if You Plead Guilty or No Contest
Your DUI attorney will also be able to help you make informed decisions about how to approach your case. This includes helping you make an informed decision about what plea you should enter. If you plead guilty or no contest to your DUI charge, the judge could immediately revoke your driving privileges (in addition to imposing other penalties).
4. Getting Your Driver’s License Back is Expensive
If you lose your driver’s license as the result of a DUI arrest, getting your license back will be expensive. Under a new law passed in 2024, if your suspension is based on a DUI conviction (including a conviction following a guilty or no contest plea), you will be required to install an ignition interlock device (IID) in your vehicle. This is in addition to paying the reinstatement fee, paying for SR-22 insurance, and covering the other costs involved in getting yourself and your vehicle back on the road.
5. Driving on a Suspended License is Against the Law
While you may be tempted to ignore your driver’s license suspension and drive anyway, this can also prove to be a very costly mistake. Under South Carolina law, driving on a suspended license is a misdemeanor offense, and a conviction can lead to both fines and jail time. As a result, if you lose your license as a result of your DUI arrest, you will need to make alternate arrangements—whether this means riding with friends and family, using rideshares or public transportation, or seeking a temporary license.
6. You May Be Eligible for a Temporary Alcohol License
As discussed above, if you are facing an automatic suspension under South Carolina’s “implied consent” law and you can’t protect your full driver’s license at your administrative hearing, obtaining a temporary alcohol license may be an option.
However, under South Carolina law, it is no longer possible to obtain a provisional license if your driver’s license is suspended as a result of a DUI conviction. While it used to be possible to apply for a provisional license if your BAC was 0.14% or below, this changed in 2024. As a result, if your driver’s license gets suspended in court, you will need to serve your suspension and then have an IID installed in your vehicle in order to restore your right to drive.
7. You May Have Various Grounds to Fight Your Driver’s License Suspension
Regardless of whether you are facing a driver’s license suspension under South Carolina’s “implied consent” law or the state’s DUI law, you may have various grounds to fight your case. To find out what defenses you have available, you will want to discuss your case with an experienced DUI attorney as soon as possible. Along with challenging your driver’s license suspension at your administrative hearing or fighting your DUI in court, seeking a plea deal or pursuing pre-trial diversion may be an option as well—and both of these options can substantially reduce the consequences of your DUI arrest.
Request a Free and Confidential Consultation with North Charleston DUI Attorney Rad S. Deaton
North Charleston DUI attorney Rad S. Deaton provides experienced legal representation for individuals who are facing driver’s license suspensions, fines, jail time, and other consequences. To discuss your case with Mr. Deaton in confidence as soon as possible, call 843-225-5723 or tell us how we can contact you online today.
