Mason Delacroix
South Carolina has strict laws and regulations in place to deter drunk driving. The state uses the Datamaster DMT machine for breathalyser tests, and individuals are typically arrested before taking the test, which is usually offered at the county jail. While there is no legal limit for DUI in South Carolina, individuals can be charged with driving with an unlawful alcohol concentration (DUAC) if their blood alcohol content (BAC) is 0.08% or higher. This limit is recognised across the country for adults, although states can set their own limits for those under 21, and South Carolina has a zero-tolerance policy for underage drinkers. In Richland County, the sale of packaged liquor is prohibited on Sundays, and liquor may be served in bars and restaurants between 10 am and 2 am any day of the week.
| Characteristics | Values |
|---|---|
| Legal alcohol limit in Richland, South Carolina | There is no legal limit for DUI in South Carolina, but you can be charged with "driving with an unlawful alcohol concentration" (DUAC) if your blood alcohol content (BAC) is 0.08% or higher. |
| Blood alcohol content tests | Datamaster (breathalyzer), urinalysis, or blood analysis |
| Retail liquor sales | Allowed from 9 a.m. to 7 p.m., Monday to Saturday. Sunday sales are banned by state law, but some counties allow Sunday sales of beer and wine. |
| Consumption of alcoholic beverages in public places | Prohibited |
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What You'll Learn
South Carolina's DUI law
In Richland County, South Carolina, the consumption of alcoholic beverages, beer, or wine in public places is prohibited. However, there is no legal blood alcohol limit for driving under the influence (DUI) in South Carolina. Instead, the prosecution must prove that a person's ability to drive was impaired due to alcohol. If your blood alcohol content (BAC) is 0.08% or higher, it is inferred that you were driving under the influence. A BAC of 0.05–0.08% can also result in a DUI if there is other evidence of impaired driving.
South Carolina has an implied consent law, meaning that by choosing to drive in the state, you consent to chemical tests if a police officer has probable cause to suspect DUI. Refusing to take a BAC test results in an automatic fine and license suspension. The state uses the Datamaster DMT machine for breathalyzer tests, which are typically administered at the county jail. Other methods of determining BAC include blood analysis and urinalysis.
In addition to DUI laws, South Carolina has other regulations related to alcohol consumption. For example, retail liquor sales are permitted from 9 a.m. to 7 p.m., Monday through Saturday, and Sunday sales are banned by state law. However, counties and cities may hold referendums to allow Sunday sales of beer and wine. There are also time restrictions for beer and wine sales in some counties, such as no sales after 2 a.m. in Pickens County.
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Blood alcohol content (BAC)
While there is no legal blood alcohol limit in South Carolina, drivers are prohibited from operating a vehicle with blood alcohol content (BAC) levels of 0.08% or higher. This is the same limit recognised across the United States for adults. However, federal law allows states to set their own limits for drivers under 21 years of age. In South Carolina, there is a zero-tolerance policy for underage drinkers.
In South Carolina, you can be charged with "driving with an unlawful alcohol concentration" (DUAC) if your BAC is 0.08% or greater. However, this is not the case for driving under the influence (DUI) charges, where the state must prove that a person was intoxicated to the extent that their ability to drive was materially and substantially affected, regardless of their BAC level.
Three types of blood alcohol tests are used in South Carolina: the Datamaster (breathalyser), urinalysis, or blood analysis. The Datamaster DMT machine is used for breathalyser tests, and police do not use PBTs (portable breath tests) on the roadside, unlike in some other states. This means that people are usually arrested before they take the breathalyser test, which is typically offered at the county jail. The breathalyser test determines the alcohol content of the breath sample and then multiplies its result by 2,100 to get a blood alcohol content result.
The implied consent law in South Carolina states that any driver operating a motor vehicle gives their implied consent to blood alcohol content screenings if they are pulled over for suspected drunk driving. These screenings can consist of breath tests, urine tests, or blood tests, but officers must first offer to perform a breath test. If you are uncomfortable with a breath or blood test administered by the police, you can request a screening from an independent service provider, often performed at area hospitals, and the officers are legally required to provide transportation.
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Testing methods
While there is no legal blood alcohol limit for driving under the influence (DUI) in South Carolina, there are still multiple testing methods used to determine a person's blood alcohol content (BAC). These include breath tests, blood tests, and urine tests.
Breath Tests
South Carolina uses the Datamaster DMT machine for breathalyzer tests. This test is typically administered at the county jail after an arrest. Before testing your breath, the machine conducts a simulation to test itself. If the test is successful, it will continue to test your breath sample. The machine determines the alcohol content of the breath sample and multiplies the result by 2,100 to obtain a BAC result.
Blood Tests
Blood tests are typically performed at hospitals by trained nurses. In some states, officers will draw blood themselves, but in South Carolina, officers will take a suspect to the hospital if they want a blood sample. This is usually only done if the suspect was involved in a motor vehicle accident and charged with felony DUI.
Urine Tests
Urinalysis is another method used to determine BAC. Although it is not used as often as breathalyzer or blood tests, the results are admissible at trial.
Implied Consent Law
According to South Carolina's implied consent law, any driver operating a motor vehicle in the state gives their implied consent to blood alcohol content screenings if they are pulled over for suspicion of driving under the influence. Officers must first offer to perform a breath test, but individuals are free to request a screening from an independent service provider if they are uncomfortable with a breath or blood test.
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Retail liquor sales
In Richland County, South Carolina, the retail sale of packaged liquor is prohibited on Sundays. However, packaged liquor may be sold between 9:00 a.m. and 7:00 p.m. from Monday to Saturday. It is important to note that this applies specifically to unincorporated areas within Richland County, and the laws in incorporated places may differ.
On the other hand, packaged beer and wine can be sold at any time in these unincorporated areas, with no restrictions on Sundays. Nevertheless, there is an exception on Christmas Day, when the sale of packaged liquor is prohibited.
Moving on to bars and restaurants, liquor may be served between 10:00 a.m. and 2:00 a.m. every day. Beer and wine follow a similar pattern, with no restrictions for most of the week. However, there is a brief period between 2:00 a.m. and 10:00 a.m. when the sale of beer and wine is not permitted.
While there are no dry counties in South Carolina, retail liquor sales laws are uniform across the state. This means that the rules mentioned above for Richland County are generally consistent throughout the state, with some counties enforcing minor variations in terms of timing restrictions for beer and wine sales. For example, Pickens County does not allow sales after 2:00 a.m., whereas Charleston permits in-store beer and wine sales 24 hours a day, every day of the week.
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Drinking in public places
In Richland County, South Carolina, the consumption of alcoholic beverages, beer, or wine in public places is prohibited. The county's laws regarding alcohol sales and service in bars and restaurants also have specific regulations. In unincorporated areas of Richland County, packaged liquor sales are prohibited on Sundays, and sales are restricted to between 9:00 a.m. and 7:00 p.m. from Monday to Saturday. Liquor can be served in bars and restaurants from 10:00 a.m. to 2:00 a.m. daily, while beer and wine can be served at any time except between 2:00 a.m. and 6:00 a.m.
While there are no dry counties in South Carolina, the state has specific laws regarding alcohol sales and service. Retail liquor sales are permitted from 9:00 a.m. to 7:00 p.m., Monday through Saturday, and sales on Sundays are prohibited by state law. However, counties and cities may hold referendums to allow Sunday sales of beer and wine. Certain counties enforce time restrictions for beer and wine sales, such as no sales after 2:00 a.m. in Pickens County, while others allow 24-hour sales, seven days a week, like in Charleston.
South Carolina has strict laws and regulations to deter drunk driving. The state uses the Datamaster DMT machine for breathalyzer tests, and suspects are usually arrested before taking the test at the county jail. The breathalyzer test determines alcohol content in the breath sample and multiplies the result by 2,100 to get a blood alcohol content (BAC) result. While there is no legal limit for DUI in South Carolina, individuals can be charged with "driving with an unlawful alcohol concentration" (DUAC) if their BAC is 0.08% or higher. This BAC limit is recognized across the country for adults, but federal law allows states to set their limits for drivers under 21. South Carolina has a zero-tolerance policy for underage drinkers.
To convict someone of driving under the influence (DUI) in South Carolina, prosecutors must prove impairment beyond a reasonable doubt, regardless of BAC level. The implied consent law in the state states that drivers give their consent to BAC screenings if pulled over for suspected DUI. These screenings can include breath, urine, or blood tests, and individuals have the right to request a screening from an independent service provider if they are uncomfortable with police-administered tests.
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Frequently asked questions
There is no legal limit for DUI in South Carolina. However, you can be charged with "driving with an unlawful alcohol concentration" (DUAC) if your blood alcohol content (BAC) is 0.08% or higher.
To get a conviction for DUI, the prosecution must prove that the person was materially and appreciably impaired to the extent that their ability to drive a motor vehicle was affected. For DUAC, the state only needs to prove that your BAC was 0.08% or higher, regardless of whether your ability to drive was impaired.
Three types of tests are used to measure BAC in South Carolina: the Datamaster (breathalyzer), urinalysis, or blood analysis. The Datamaster DMT machine is used for breathalyzer tests, and these are typically administered at the county jail after an arrest.
While you can refuse a BAC test, your license can be administratively suspended under South Carolina's implied consent laws. These laws state that by operating a motor vehicle in the state, you give your implied consent to blood alcohol content screenings if pulled over for suspected DUI.
In unincorporated areas of Richland County, the sale of packaged liquor is prohibited on Sundays and Christmas Day. Packaged liquor may be sold between 9:00 a.m. and 7:00 p.m. from Monday to Saturday. Liquor can be served in bars and restaurants from 10:00 a.m. to 2:00 a.m. any day of the week.
