Though the legal blood alcohol level for 21 years and above in all the states of US is 0.08, there are some states such as Delaware, Minnesota and Colorado that allow up to 0.10. But let’s see what other laws indicate for driving under the influence in South Carolina and about the stiffer penalties there.
As part of stiffer penalties for driving under the influence in South Carolina, confirmation of blood-alcohol concentration to be above .08 percent as per their “per se intoxicated” under the law is enough for getting the driver convicted of DUI. Implied consent laws straight away call for blood, urine or breathing tests to check intoxication level and any sort of denial from doing so attract stiffer penalties to the tune of one year suspension of diving license.
In South Carolina, any person who is under 21 years, is operating a vehicle, and is found with a blood-alcohol level .02 percent or over, is subject to DUI stiffer penalties. This is unlike other states where “zero tolerance laws” is binding on those not of legal drinking age and driving a vehicle. Also, in most states there are enhanced penalty laws for Blood Alcohol Concentration which allows .15 to .20 percent above the legal limit but in South Carolina, the enhanced penalty laws are not practiced thus resuming the basic level itself for stiffer penalties.
Therefore, drivers with a blood-alcohol concentration above South Carolina’s maximum permissible level of .08 percent get imposed with those minimum mandatory penalties. The stiffer penalties for driving under the influence in South Carolina involve suspension of driving license by the Motor Vehicle Department.
As regards the laws for driving license suspension in South Carolina, the first time offenders found under DUI may undergo a 90 days suspension while second time offenders for up to one year and third time offenders up to three years.
In South Carolina too, ignition interlock device system which prompts the driver to go for a breath-test before the vehicle starts and unlike many other states, it is not a matter of choice in South Carolina. Also, the DUI offenders are required to go through the Alcohol instruction and prevention program.