What Happens After a First-Offense DUI in South Carolina?

By Christopher A. Wellborn

  |  

Drunk Driving

  |  

Last Modified on Jun 22, 2026

A first-offense DUI in South Carolina can be one of the most frightening experiences you can face. For many, this is their first encounter with the criminal justice system, which can create stress and anxiety over what to do and how to protect their rights. Understanding more about these charges and how they could impact your future can be valuable. Christopher A. Wellborn, P.A., can defend you against an array of DUI charges.

What to Know About a First-Offense DUI Case

You can be convicted of driving under the influence (DUI) for operating a vehicle:

• With a blood alcohol concentration (BAC) level at 0.08% or more
• While your driving abilities are impaired by alcohol or drugs

The standard for a DUI conviction is the same, regardless of whether you have prior convictions. However, the penalties and sentencing guidelines are different for a first DUI compared to a repeated offense.

A DUI case is taken seriously by law enforcement, as impaired driving is a leading factor in many accidents. In the United States, 32 people die in a drunk driving accident each day.

What Happens After a First-Offense DUI Arrest in South Carolina?

A DUI case begins with an officer making an arrest during a traffic stop. Once you are arrested, you can be taken into police custody for booking. Often, this happens in a county jail or police department, such as the York County Detention Center at 1675 York Highway.

The booking process typically involves collecting your personal information, photographs, and fingerprints. In a DUI case, a chemical test can be conducted, which may involve blood, breath, or urine testing to determine the level of alcohol or drugs in your system. It is important to comply with these parts of the booking process.

You may also be asked about the offense. Avoid providing a statement or answering questions about the offense or traffic stop. Doing so can accidentally provide self-incriminating evidence, even if you believe you can clear your name. Instead, request to contact a lawyer; then, remain silent.

What to Know About Creating a Defense Against a First DUI Charge

During a DUI case, you have the opportunity to present a defense against your charges. If you hire a DUI lawyer, they can build a strong defense that upholds your rights while pursuing positive outcomes, such as not-guilty verdicts, reduced charges, or dismissed charges.

A South Carolina DUI attorney can determine an effective defense strategy based on the unique details of your case. Some of the most common strategies include:

• Challenging the legality of a traffic stop
• Challenging whether there was probable cause for an arrest
• Arguing that a chemical test was misadministered or that a sample was mishandled

DUI Penalties You May Face

For a first-offense DUI case, you may face between 48 hours and 30 days of imprisonment, a six-month license suspension, and a fine of up to $400, not including additional assessments and surcharges. However, higher penalties are possible for a first offense. Aggravating factors that increase the severity of DUI penalties and charges can include:

• Causing bodily injury or death
• A BAC over 0.16%
• Having a passenger under 16 when the offense occurred

Why You Should Hire a DUI Lawyer From Christopher A. Wellborn, P.A.

Christopher A. Wellborn is a skilled criminal defense lawyer with over 35 years of experience. For first DUI charges, Christopher A. Wellborn, P.A., can work tirelessly to craft a defense strategy to improve your chances of having your charges dismissed, enabling you to avoid the consequences of a criminal record.

Christopher A. Wellborn was the 66th president of the National Association of Criminal Defense Lawyers. He is a founding member and former president of the South Carolina Association of Criminal Defense Lawyers. As an active member in the criminal defense community, he is known for his deep legal knowledge and detailed defense strategies.

FAQs

What Happens When You Get a DUI for the First Time in South Carolina?

When you are convicted of a first DUI offense in South Carolina, you can face both criminal and administrative penalties. Criminal penalties include jail or prison time, fines, and enrollment in the South Carolina Alcohol and Drug Safety Action Program. Administrative penalties include license and driving restrictions, such as license suspension or installing an ignition interlock device.

What Is the Most Common Sentence for a First DUI?

The most common sentence for a first DUI is between 48 hours and 30 days, which is the standard sentence for a first-offense DUI case without additional aggravating factors. Though this may seem short compared to other crimes, it can still disrupt your family life, employment, freedom, and financial situation. To prevent jail time, a lawyer can pursue dismissed charges or negotiate for alternate penalties, such as community service.

Is Your License Suspended Immediately After a DUI in South Carolina?

No, your license is not suspended immediately after a DUI arrest. It is only automatically suspended in certain cases, such as if you refuse a chemical test or have a high BAC. Rather than an immediate suspension, you have the opportunity to challenge the suspension in a hearing with the DMV. If you do not request a hearing or it results in a decision to suspend your license, then it can be suspended.

What Are the DUI Penalties for a DUI Resulting in Death in South Carolina?

If a DUI resulted in death, it is charged as a felony DUI, which comes with stricter penalties compared to other DUI cases. Even first offenses are prosecuted as felonies if they resulted in death. The DUI penalties for these cases include between $10,100 and $25,100 in fines, not including assessments and surcharges (which could potentially double this amount), and imprisonment between one and 25 years.

Speak With a South Carolina DUI Attorney Now

When you are facing criminal charges, it is important to work with a trusted DUI lawyer as soon as possible. Early legal representation can stop invasions of your rights, prevent self-incrimination, and preserve key evidence. Contact Christopher A. Wellborn, P.A., for experienced legal representation during a first-offense DUI case.