How South Carolina suspends your license for DUI

South Carolina suspends your driver's license automatically when you are convicted of driving under the influence (DUI) — the state's term for unlawful alcohol content. The suspension is separate from any criminal sentence you receive; it is a civil penalty tied directly to the conviction itself.

The length of suspension depends on how many DUI convictions you have had in the past ten years. A first conviction triggers a six-month suspension. A second conviction within ten years means a nine-month suspension. A third or subsequent conviction results in a two-year suspension. These timelines are set by South Carolina law and do not change based on the circumstances of your case or your driving record otherwise.

The South Carolina Department of Motor Vehicles (SCDMV) carries out the suspension. You do not have to request it — the court notifies SCDMV automatically after conviction, and your license becomes invalid on the date the court specifies. You cannot drive legally during the suspension period, even with a restricted or work permit, unless you meet the conditions for an ignition interlock license.

Key Takeaways

  • A first DUI conviction in South Carolina suspends your license for six months; a second conviction within ten years suspends it for nine months; a third or later conviction suspends it for two years.
  • The suspension is automatic after conviction and is imposed by SCDMV, not by the court as part of sentencing.
  • You may be able to drive during suspension if you install an ignition interlock device and meet other conditions set by SCDMV.
  • After your suspension ends, you must pay a reinstatement fee and pass a written test before you can legally drive again.
  • If you refuse a breath or blood test during a DUI stop, South Carolina imposes a separate administrative suspension that runs alongside your conviction suspension.

The difference between conviction suspension and refusal suspension

South Carolina actually imposes two separate suspensions for DUI, and they can overlap. The first is the conviction suspension described above — it begins after you are found guilty in court. The second is the administrative suspension, which begins when ready if you refuse to take a breath or blood test during the traffic stop.

If you refused the test, SCDMV suspends your license for six months on the spot, even before any court case begins. If you later go to trial and are convicted, the conviction suspension (six months, nine months, or two years) runs at the same time as the refusal suspension. You do not serve them back-to-back; they overlap. However, if you are acquitted in court, only the refusal suspension remains in effect.

The refusal suspension is harder to challenge than the conviction suspension because it does not require a guilty verdict — only proof that you refused the test. SCDMV holds an administrative hearing if you request one within thirty days of the suspension notice, but the burden is on you to show the officer had no legal reason to ask for the test.

Ignition interlock as an alternative to full suspension

South Carolina allows you to drive during your suspension if you install an ignition interlock device in your vehicle. This device measures your breath alcohol content before the engine will start. If it detects alcohol above a set limit (usually 0.02 percent), the car will not start, and the device records the attempt.

To use an ignition interlock license, you must meet several conditions. First, you must request it from SCDMV before your suspension begins or within a certain window after conviction — timing varies, so contact SCDMV directly to confirm your important date. Second, you must install the device at a certified provider; SCDMV maintains a list of approved vendors. Third, you must pay for the device yourself, which typically costs $60 to $100 per month plus installation fees. Fourth, you must pass a written test and pay a reinstatement fee when you explore.

The ignition interlock license is not a full license. It restricts where and when you can drive — usually to work, school, medical appointments, and court-ordered programs. You cannot drive for pleasure or social reasons. SCDMV specifies the permitted hours and routes, and you must carry proof of the restriction with you.

What you must do to get your license back after suspension ends

When your suspension period ends, your license does not automatically become valid again. You must take two steps before you can legally drive.

First, you must pass the written knowledge test at SCDMV. This is the same test new drivers take — it covers road signs, traffic laws, and safe driving practices. You can study using the South Carolina Driver's Manual, available free on the SCDMV website. Most people pass on the first try if they prepare, but you are allowed to retake it if you fail.

Second, you must pay the reinstatement fee. South Carolina charges $100 for reinstatement after a DUI suspension. You pay this fee when you pass the written test and submit your process to SCDMV. Once both are complete, your license is restored and you can drive normally again.

How a DUI suspension affects your insurance

A DUI conviction does not automatically cancel your auto insurance, but it will cause your rates to rise sharply and may make you harder to insure. Most insurers consider DUI a serious violation and will either drop you or move you into a high-risk category with much higher premiums.

If your insurer drops you, you will need to find a new company that will cover you. Some insurers specialize in high-risk drivers, but their rates are significantly higher than standard policies — often double or triple what you paid before. You may also be required to carry an SR22 form, which is a certificate of financial responsibility that proves you have the minimum liability insurance required by South Carolina law. Your insurer files the SR22 with SCDMV on your behalf.

The SR22 requirement typically lasts three years from the date of conviction. During that time, if your insurance lapses or you switch insurers, you must make sure the new insurer files an SR22 when ready, or your license will be suspended again for failure to maintain insurance.

How long a DUI stays on your driving record

A DUI conviction remains on your South Carolina driving record permanently for insurance and licensing purposes. However, South Carolina law defines a "lookback period" of ten years for counting prior convictions. This means that if you are convicted of a second DUI more than ten years after your first, the first conviction does not count toward the second, and you are treated as a first-time offender for suspension length.

For insurance purposes, the DUI will affect your rates for at least three to five years, depending on your insurer's policy. After that time, the impact usually lessens, but the conviction itself never disappears from your record. If you are convicted of another DUI within ten years, the prior conviction will be counted, and you will face a longer suspension.

What happens if you drive while suspended

Driving on a suspended license in South Carolina is a separate criminal offense. If you are caught, you face additional charges beyond the original DUI. A first offense of driving with a suspended license is a misdemeanor punishable by up to thirty days in jail and a fine of $100 to $200. A second offense within five years increases the penalty to up to sixty days in jail and a fine of $200 to $300.

Driving while suspended also extends your suspension period. SCDMV will add additional months to your existing suspension, and you will have to start the reinstatement process over. You will also face higher insurance rates or cancellation if your insurer learns of the violation.

Frequently Asked Questions

Can I get a work permit to drive during my DUI suspension?

South Carolina does not issue traditional work permits for DUI suspensions. Your only option to drive during suspension is the ignition interlock license, which allows driving to work, school, medical appointments, and court-ordered programs. You must request this before or shortly after conviction and install the device at your own cost.

What if I was convicted of DUI in another state — does it count toward my South Carolina suspension?

Yes. South Carolina counts DUI convictions from other states when determining your suspension length under the ten-year lookback period. If you have a prior DUI from another state and are convicted in South Carolina, you will be treated as a repeat offender, and your suspension will be longer than a first offense.

Do I have to install an ignition interlock device if I want an ignition interlock license?

Yes. The ignition interlock device is mandatory if you choose to drive during your suspension. You cannot get the restricted license without it. The device costs money to install and maintain, and you are responsible for all costs. SCDMV provides a list of certified installers.

What happens to my suspension if I move out of South Carolina?

Your South Carolina suspension remains in effect in South Carolina. If you move to another state, that state will recognize your suspension and will not issue you a valid license until it is lifted. Some states have reciprocal agreements with South Carolina, so the suspension may carry over to your new state's record as well.

Can I get my DUI conviction expunged so it does not affect my license?

No. DUI convictions cannot be expunged in South Carolina. The conviction remains on your record permanently, and the suspension period is set by law based on the number of prior convictions. An attorney can discuss your options, but expungement is not available for DUI cases.