This page will help you understand South Carolina alcohol laws and avoid expensive fines or even jail. And even waisted  time and…. embarrassment.

South Carolina alcohol laws apply to residents of the state. But they also apply to visitors. Visitors should also remember that they are not in their home state. So South Carolina alcohol laws may differ from those they know at home. Also keep in mind that alcohol laws differ across the state.

         OVERVIEW

I.   Minimum Ages
II.  More Alcohol Laws
III. Resources
IV. Local Option
V.  Get Legal Advice

I. Minimum Ages

Young people often want part-time jobs. Hospitality offers many. Some deal with alcohol. For example, how old must they be to sell alcohol for drinking elsewhere? Is it the same for a server in a venue selling alcohol for on-site use? What about for tending bar? So we have answers.

South Carolina alcohol laws permit adults to serve alcohol for on-site drinking. Of course, an adult is a person age 18 or older. To tend bar the age is 21.

There is no minimum age for selling beer or wine for off-premises drinking. But it is 21 for selling spirits in such a store.

A Myth

This policy arises from a myth. That is, that spirits are more alcoholic than beer or wine.

However, standard drinks of beer, wine and spirits all have the same amount of alcohol. Specifically, each has 0.6 ounce of pure alcohol. So there’s no difference in terms of alcohol content. Nor to a breathalyzer.

Those of any age under 21 may drink alcohol in a home of the spouse, parent or guardian.

People under 21 may not buy alcohol. The use of false ID to buy it is a crime. It may also lead to driver’s license revocation. Anyone who sells alcohol to an underage person who uses a convincing ID and looks old enough is still guilty. And can face conviction. Such facts are no defense.

They may also be charged with unlawfully dealing with a minor. If convicted, that will be on their record for the rest their life. In this case, they may be prevented from entering some professions. For example, education, law enforcement, law, or social work.

It is illegal for those under 21 to drive with a BAC over 0.02%. In reality, it only applies to those up to 21. Those 21 or over have a higher BAC limit.

II. Other South Carolina Alcohol Laws

A. Selling Alcohol

South Carolina alcohol laws allow restaurants and hotel lounges to sell alcohol when local option permits. They may do so Monday through Saturday from 10 a.m. until 2 a.m. On Sunday they may sell from 10 a.m. until 2 a.m.

Liquor stores may operate Monday through Saturday from 9 a.m. until 7 p.m. However, they must close on Sunday.

Private clubs may sell alcohol Monday through Saturday from 10 a.m. until 2 a.m.

Beer sales for drinking off-premises are legal 24 hours a day Monday through Saturday. In addition, retailers may sell it on Sunday if voters in a county approve.

Retailers may only lower regular drink prices between 4 p.m. and 8 p.m. It’s also illegal to have “two-or-more-for-the-price-of-one” drink offers. And giving away free beer, wine, or mixed drinks is illegal.

B. Buying Alcohol

South Carolina alcohol laws prohibit anyone under age 21 from buying, or attempting to buy, alcohol. However, they may do so to help police entrap clerks.

Using a false ID in an effort to buy alcohol is a crime. However, there is no automatic driver’s license suspension.

The penalty for having an unregistered, unlabeled keg is jail for up to 30 days. In addition, the fine is up to $500.

C. Driving and Alcohol

South Carolina alcohol laws prohibit driving with a blood alcohol concentration (BAC) of 0.08% or above. For those under 21, including adults, it’s 0.02% or higher. It’s not 0.00% for several reasons

First, breathalyzers are not highly reliable. Second, everyone produces alcohol naturally within their bodies 24/7. Even those under 21. Finally, many meds and also foods contain alcohol. For example, orange and other juices produce alcohol if left too long in a refrigerator.

But courts can convict people of driving under the influence (DUI) even when under the BAC limits. That depends on the facts and the judge.

Conviction for DUI carries both administrative and criminal punishments The former come from the Department of Motor Vehicles. The latter come from the court.

All DUI convictions require completing a Department of Alcohol and Other Drug Abuse Services course. In addition, all second or later convictions require an ignition interlock device (IID) on the vehicle. This prevents starting the engine if alcohol is on the driver’s breath. The convicted driver pays for its installation and monthly fee.

Penalties: Age 21 or Older

These are the penalties for a first DUI with a BAC lower than 0.16%. Jail for at least 48 hours and/or 48 hours of community service. But jail could be as long as 30 days.  Also, the court suspends the driving license for six months. And it imposes a fine of $400.

For a second DUI with a BAC under 0.16%, the penalties increase. The sentence is at least five days in jail. Yet it could be as long as one year. Offenders pay a fine of at least $2,100. But it may be as high as $5,100. And the license suspension is for an indefinite period.

A third conviction with a BAC under 0.16% leads to at least 60 days in jail. But it could be as long as three years. The fine is at least $3,800. Yet it could be as high as $6,300. And the driving suspension is variable in length.

Penalties: Under Age 21

Drivers under age 21 convicted of DUI face the same criminal penalties. But for a first offense, the court suspends their driver’s license for three months. For a second offense within five years, the court penalizes by suspending the license for six months.

Constitutional Right

The U.S. Constitution grants all drivers the right to decline taking a BAC test. But the state punishes those who use their right. To do this it suspends their driver’s license for six months. They must also complete the Department of Alcohol and Other Drug Abuse Services course. Their license reinstatement fee is at least $100. Finally, they must carry special vehicle insurance for at least three years after the suspension.

Field Sobriety Tests

Important. This punishment does not apply to declining the field sobriety tests. These are both highly subjective and unreliable. Over 30% of people with a BAC of 0.00% fail. That is, about one of three completely sober people will fail!

For that reason, lawyers strongly urge drivers to never, ever take a field sobriety test. They say to refuse politely and firmly. And to do so as often as needed. Doing so cannot help. It can only hurt. So it’s wise follow their advice.

Police have many clever ways to convince drivers to take them. They may even falsely say the law requires it. It does not. In fact, no state in the U.S. requires it.

They may say that by taking the test, you can prove your innocence. Yet it’s the state that must prove that them guilty!

Note that during the investigation, police can legally lie to you. So don’t be a sucker.

You can learn much more at Never Take a Field Sobriety Test.

D. Boating and Alcohol

South Carolina alcohol laws make it illegal to operate a boat, jet ski, or sailboat under the influence. That includes alcohol and/or drugs.

The crime is boating under the influence (BUI). That is “impairment to the extent that the person’s faculties to operate are materially and appreciably impaired.”

The state considers a BAC of 0.08% proof of impairment. But people can present evidence that they were not impaired. For instance, many people have developed very high tolerance to alcohol. They can have BACs much higher than 0.08% and have no impairment.

On the other hand, some people have very low tolerance. Therefore, the court can convict them for being impaired “materially and appreciably.”

BUI Penalties

The penalties for BUI depend on the facts and the judge. But these are typical penalties.

For a first offense, it’s a $200 fine and six-month operator’s license suspension. Also 24 hours in jail or community service.

A second offense brings a fine of at least $3,500. But it might be as high as $6,000. There’s also a one-year license suspension. In addition, the offender must spend at least 48 hours in jail or ten days doing community service.

A third conviction carries larger fines. Jail is for at least 60 days. But it could be as long as three years. But the state suspends the operator’s license for three years.

BUIs that cause property damage, injury, or death can carry fines as high as $25,000. They can also carry sentences as long as 25 years in prison.

III. Resources on South Carolina Alcohol Laws

• • South Carolina State Code
  • Administrative Code  
  • Department of Alcohol and Other Drug Abuse Services
  • Supreme Court Opinions
  • South Carolina Bar Association

IV. Local Option Alcohol Laws

Sunday alcohol laws depend on location. South Carolina gives counties and towns local option. That is, they can determine whether or not to permit the sale of alcohol. And, if so, some of the specifics.

Food establishments with local option permits can sell beer, wine, and spirits Sunday mornings. Grocery and convenience stores with permits can sell beer and wine seven days a week and 24 hours a day.

Learn more about local option.

Restaurants by County

There are 46 counties in South Carolina. Restaurants with permits can sell beer, wine, and spirits on Sundays in the following 19 counties.

• Beaufort
• Berkeley
• Charleston
• Colleton
• Dorchester
• Georgetown
• Greenwood
• Horry
• Jasper
• Kershaw
• Lancaster
• Lexington
• Marion
• Newberry
• Oconee
• Richland (unincorporated areas only)
• Saluda
• Spartanburg (excluding Wellford)
• York

Restaurants by Municipality

Restaurants with permits can sell beer, wine, and spirits on Sundays in these municipalities.

• Aiken
• Anderson
• Chapin
• Chester
• Clemson
• Columbia (Richland County)
• Edisto Beach
• Elgin
• Florence
• Fountain Inn
• Greenville
• Greer
• Hardeeville
• Irmo
• Lake City
• Lexington
• Mauldin
• North Augusta
• Pendelton
• Santee
• Seneca
• Simpsonville
• Sumter
• Travelers Rest
• Walterboro
• Yemassee

Grocery & Convenience Stores by County

Grocery and convenience stores can sell beer and wine on Sundays in these counties.

• Beaufort
• Berkeley
• Charleston
• Colleton
• Dorchester
• Georgetown
• Horry
• Jasper
• Kershaw
• Marion
• Newberry
• Oconee
• Richland (unincorporated areas only)
• Saluda
• York

Grocery & Convenience Stores by Municipality

Grocery and convenience stores can sell beer and wine on Sundays in these municipalities.

• Aiken
• Chapin
• Chester
• Columbia (Richland County)
• Edisto Beach
• Elgin
• Fountain Inn
• Greenville
• Irmo
• Lake City
• Lexington
• Mauldin
• North Augusta
• Pendelton
• Seneca
• Simpsonville
• Travelers Rest
• Walterboro
• Yemassee

V. Get Legal Advice

As with any state, South Carolina alcohol laws can change. They can be unclear. Courts can change their interpretation. They can conflict. Lawyers spend years studying the subject. It’s not a DIY project. So never rely on this site. Nor on any other site.

Get facts and advice about South Carolina alcohol laws from an expert. That is a lawyer who holds a license in the state.

Alcohol attitudes and practices vary by locale. So it’s wise to select a lawyer very familiar with the locale in question.

Of course, the best advice is both free and simple. Drink in moderation and don’t drink and drive.

So now you know more about South Carolina alcohol laws than most residents! Perhaps you know of something that should be added to this page. If so, please contact hansondj [at sign] potsdam [dot] edu/. In fact, readers help improve this site. So thank you!