South Carolina Traffic Violations

Basic knowledge of traffic laws in South Carolina is crucial for all drivers. This knowledge creates safer roads and avoids costly fines, license suspensions, and other penalties.

The South Carolina Department of Motor Vehicles (DMV) and various law enforcement agencies, including the South Carolina Highway Patrol (SCHP), local police departments, and county sheriff's offices, work together to regulate traffic and enforce these laws. Their collective efforts aim to reduce accidents and violations and promote responsible driving across the state.

Both residents and visitors contribute significantly to road safety by practicing responsible driving and following traffic laws. By doing so, they protect themselves, other motorists, pedestrians, and cyclists.

What Are the Major Traffic Violations in South Carolina?

South Carolina enforces strict traffic laws to maintain road safety. Here are the major traffic violations in the state:

Driving with a Suspended License

Driving with a suspended or revoked license in South Carolina is a serious offense. Licenses can be suspended for various reasons, including drunk driving convictions and refusal to take an alcohol test.

Other causes include vehicular manslaughter, gasoline theft, accumulating excessive demerit points, using a vehicle in a felony, and failure to pay child support.

Driving with a suspended license is generally classified as a misdemeanor. The penalties escalate with repeated offenses:

• First offense: $300 fine and up to 30 days in jail
• Second offense: $600 fine and up to 60 days in jail
• Third offense: $1,000 fine and up to 90 days in jail

For alcohol-related suspensions, the consequences are more severe:

• First offense: $300 fine and 10 to 30 days in jail
• Second offense: $600 fine and 60 days to six months in jail
• Third offense: $1,000 fine and six months to three years in jail

Additional suspension or revocation periods may apply following a conviction.

Speeding

The state has specific speed limits. The basic speed limits are those deemed prudent and reasonable, considering existing hazards. On the other hand, posted speed limits are those numbers specifically visible by road markings.

Absolute speed limits are those legally defined in the SC statute. The state enforces various speed limits based on road type:

• 30 miles per hour (mph) limit in urban districts
• 40 mph limit on uncemented or unpaved roads
• 55 mph limit in highway sections or other locations
• 60 mph limit for multilane divided primary highways
• 70 mph limit on interstate highways and freeways

Penalties for speeding vary by the degree of the offense and the speed over the limit:

• Up to 10 mph: at least $15 fine
• Up to 14 mph: at least $25
• Up to 24 mph: at least $50
• 25 mph or more: at least $75 fine or up to 30 days in jail
• 91 mph or more: at least $150 fine or up to 60 days in jail

Repeat offenses can result in fines of up to $100 or up to 30 days in jail. Speeding on state hospital grounds incurs fines between $2 and $50 or up to 15 days in jail. Excessive speeding can lead to license suspension, which can last up to six months.

Racing on the Highway

Racing on highways in South Carolina is classified as a misdemeanor under the South Carolina Code of Laws Unannotated Section 56-5-730. This offense carries severe penalties to deter such dangerous behavior.

Those convicted of racing on highways face mandatory fines and imprisonment terms. The penalties range from $200 to $600 in fines and two to six months of imprisonment. These terms are mandatory and apply to all offenders.

Additionally, racing convictions can result in a one-year license revocation. Although the DMV may issue a restricted license for work and educational purposes, there is no mandatory minimum term for these restrictions.

Anyone who allows their vehicle to be used for racing can also face penalties. They may be fined up to $100, sentenced to up to 30 days in jail, and have their license and registration suspended for three months.

Reckless Driving

Reckless driving in South Carolina is a misdemeanor. This violation is characterized by driving with a willful disregard for the safety of persons or property.

Penalties for reckless driving include fines ranging from $25 to $200 and up to 30 days in jail. Residents should be aware that a pending bill may increase these penalties.

A conviction for reckless driving can also lead to license suspension. For a first offense, the suspension is based on the point system and lasts from three to six months. Subsequent offenses within five years result in a three-month suspension. Restricted licenses may be available for work and educational purposes.

Additionally, offenders will have six points added to their driving record, and other penalties may apply.

Open Container Laws

South Carolina law prohibits the possession of open beer, liquor, or wine in a moving vehicle except in the trunk or luggage compartment. Convictions result in fines of up to $100 or incarceration for up to 30 days.

Driving Under the Influence Laws

Driving under the influence (DUI) of alcohol or drugs occurs when a person is materially impaired to drive.

A Blood Alcohol Content (BAC) of at least 0.08% is considered DUI. A BAC between 0.05% and 0.08% can be considered in the presence of other evidence. Under South Carolina's implied consent law, drivers who are suspected of DUI are deemed to have consented to breath, blood, or urine testing.

Refusing BAC testing results in a 90-day suspension for first-time offenders and 180 days for those with prior alcohol-related offenses within the past ten years.

Penalties and Consequences

In South Carolina, DUI convictions carry severe penalties, which include fines, assessments, surcharges, imprisonment, license suspension, and treatment. Assessments and surcharges often double the penalties.

• First offense: fines of up to $400 or $992, imprisonment of up to 30 days with a six-month license suspension
• Second offense: fines up to $5,100 or $10,744.50, up to one year of imprisonment, and license suspension for up to one year
• Third offense: fines up to $6,300 or $13,234.50, imprisonment for three years, and license suspension for two years.

If the third offense happens within five years after the first, the license suspension becomes four years. Moreover, the vehicle might be impounded if the offender violates this law in third and subsequent offenses within ten years. A fourth or subsequent offense leads to up to five years of incarceration and permanent license revocation.

Felony DUI Penalties

If a DUI results in severe injuries or death, the offenses are classified as a felony DUI.

Penalties for a DUI causing severe injuries include fines of up to $10,100 or $21,119.50, which include assessments and surcharges, and imprisonment for a minimum of 30 days up to 15 years.

On the other hand, a DUI resulting in death has a fine of up to $25,100 or $52,244.50, including assessment and surcharge, and imprisonment for up to 25 years.

Underage DUI Penalties

Drivers under 21 with a BAC of 0.02% or greater face an immediate three-month suspension. With prior offenses, the suspension extends to six months. Refusal to take a BAC test results in a six-month suspension for a first offense and one year for subsequent offenses within the last five years.

Alcohol and Drug Safety Action Program (ADSAP)

The ADSAP provides intervention services for DUI and BUI (boating under the influence) offenders. Certified by the Department of Alcohol and Other Drug Abuse Services (DAODAS), the program operates in all 46 South Carolina counties. Completion of ADSAP is mandatory for all DUI convictions before relicensing by the SC DMV.

The program aims to enhance highway safety by offering assessment, education, intervention, and treatment services to reduce the likelihood of repeat offenses. The ADSAP brochure contains more details, or offenders can call the SC DMV for more information.

How Does South Carolina's DMV Point System Work?

The South Carolina DMV point system is essential for promoting road safety and responsible driving. It assigns points for traffic violations, tracks drivers' behavior, and imposes consequences for repeated infractions.

Drivers accumulate points on their record for infractions committed in-state, out-of-state, or through military court-martial convictions. The SC DMV tracks these points and takes action based on the total.

• 6+ points (under 17): License suspension for six months if accumulated within the first year
• 6+ points (17 and older): Warning letter from SCDMV
• 12+ points: License suspension

The system aims to identify problem drivers and encourage improvement. Points vary based on the violation severity. Here is a partial list of violations with the allocated points:

• Speeding (10 mph or less over limit): 2 points
• Speeding of 10 to 24 mph over posted limits: 4 points
• Speeding of 25 mph or above the posted limits: 6 points
• Reckless driving: 6 points
• Passing a stopped school bus: 6 points
• Hit-and-run with property damages only: 6 points
• Disobedience of any official traffic control device or traffic officer: 4 points
• Failing to yield: 4 points
• Driving on the wrong side: 4 points
• Passing unlawfully: 4 points
• Operating with improper lights: 2 points

Point allocation for traffic violations is defined in SC Code Section 56-1-720.

Drivers should review their records regularly to monitor point accumulation and adjust their behavior accordingly. They can request a summary of their driver's record points online. The summary request is free.

How To Reduce Points?

Drivers can reduce their points by completing the National Safety Council's 8-Hour Defensive Driving Course or an equivalent. Key requirements include:

• Eight hours of classroom training
• Completion after points assessment
• Limited to once every three years

Aside from attending a defensive driving course, points naturally decrease over time. The SCDMV reduces points by half after one year from the violation date. For instance, a four-point violation in June drops to two points the following June.

Drivers should note that certain violations, like DUI, carry mandatory suspensions outside the point system. Timely completion of defensive driving courses is crucial, as they cannot reverse an active suspension.

What Is the Process for Handling Traffic Tickets in South Carolina?

The state's traffic ticket process offers drivers several options for handling violations in SC.

Here are the options available to offenders:

• Admit guilt and pay the specified amount by the due date.
• Contest the ticket, plead not guilty, and request a court hearing.
• Some violations allow the completion of a defensive driving course to avoid points on the license.

Non-resident drivers who receive a ticket in South Carolina should follow the instructions to respond to the citation. South Carolina reports these violations to the driver's home state. Ignoring the ticket can result in license suspension in both South Carolina and the driver's home state.

Payment of traffic tickets is easy with the online services offered by the state. Many counties and municipalities also offer online payment through their designated websites. A few don't have their portals but are accepting in-person payments.

How To Contest a Ticket?

Offenders who contest their tickets should notify the court of their intent to plead not guilty. They should request a hearing within 30 days of receiving the ticket.

While waiting for the court hearing, defendants should gather evidence and prepare arguments. They must appear in court at the scheduled time and present their case before the hearing officer.

The hearing officer may dismiss cases for not guilty verdicts. Guilty verdicts often result in fines or points added to driving records.

How Are Accident Reports Handled in South Carolina?

South Carolina law requires drivers to file an accident report for collisions resulting in injury, death, or property damage exceeding $1,000. Drivers must submit the report to the DMV within 15 days of the incident.

Accident reports must include:

• Date, time, and location of the collision
• Names and contact information of involved parties
• Vehicle details (make, model, year, license plate)
• Insurance information
• Description of the collision and resulting damages
• Injuries sustained, if any
• Witness information, if available

How To Obtain SC Accident Reports?

South Carolina residents can request collision reports online, by mail, or in person requests.

Drivers can access collision reports online by providing personal information for authentication, followed by details about the collision. This option is available for accidents occurring after March 22, 2012. Accidents before this date are only available for request through offline methods.

In that case, individuals can visit any SCDMV location to request collision reports. They must complete the Copy of Collision Report (SCDMV FR-50) form and pay a $6 research fee.

To obtain a collision or accident report by mail, drivers should complete two copies of the SCDMV FR-50 form and include the research fee in a money order or check payable to SCDMV. Mail the forms and payment to:

When obtaining accident reports, requesters should note some limitations. Official copies become available only after the SCDMV processes the report. Out-of-state license holders may need to contact SCDMV directly at 803-896-5000.

What Should Drivers Know about Traffic-Related Arrests in South Carolina?

South Carolina law enforces strict rules that, when violated, can lead to an arrest. Common infractions resulting in traffic-related arrests include serious moving violations such as reckless driving, DUI, refusal to take a DUI test, accumulation of unpaid tickets, and contraband in the vehicle. Hit-and-run accidents may also be a cause of arrest.

A criminal conviction can significantly impact employment opportunities. Many employers require disclosure of criminal history, which can affect job prospects and career advancement. Government employees or those in regulated professions may face job termination or loss of professional licenses.

Convictions can also hinder access to student loans, housing benefits, and other government assistance. Individuals convicted of felonies may lose their right to vote and possess firearms.

Behavior During a Traffic Stop

Law enforcement officers check the driver's information against their database during a traffic stop. If a warrant for arrest is found or the officer suspects involvement in a crime, they may arrest the driver. Behavior such as suspicious actions or uncooperative attitudes can escalate a situation, potentially leading to arrest.

While drivers have the right to challenge the stop in court, cooperation with officers during this time is generally advisable. This approach allows the legal system to address any potential issues later. Understanding and exercising legal rights can aid in managing interactions with law enforcement, although noncompliance or silence may still result in arrest.

Police officers sometimes infringe on drivers' Fourth Amendment rights, which protect against unreasonable searches and seizures. Proving such an infringement can be complex, but if the stop is deemed illegal, it might lead to the dismissal of criminal or traffic charges.

Additionally, the court may remove the arrest from the driver's record if it is proven that the stop violated legal standards.

Arrest Process for Traffic Violations

When a driver is arrested for a traffic violation, the officer takes the driver into custody. Depending on the severity of the violation, the officer may issue a citation or arrest the driver.

Following the arrest, law enforcement might tow and impound the vehicle, even if it is owned by someone else. Depending on the violation, the police can search the vehicle for evidence, potentially leading to additional charges if contraband or further incriminating evidence is found.

Rights of Arrested Drivers

Arrested drivers can remain silent under the Fifth Amendment, which protects against self-incrimination.

Drivers do not need to answer questions that might imply guilt but must comply when officers request their driver's license and vehicle registration. Maintaining politeness and calmness is crucial. Drivers can refuse to answer questions directly but may request to consult an attorney first.

The Sixth Amendment guarantees the right to an attorney if facing criminal charges. This right extends to cases where imprisonment is a possibility. An experienced attorney can assist in navigating the legal process and help in efforts to recover an impounded vehicle or contest the forfeiture of a car.

Individuals should seek legal counsel immediately after an arrest. South Carolina offers resources such as public defenders for those who cannot afford private attorneys. The South Carolina Bar Association also has lawyers who offer pro bono legal assistance.