April 1, 2026 | Car Accidents
What Happens If a Drunk Driver Causes an Injury in SC?
If a drunk driver injures you or a loved one in South Carolina, the consequences extend far beyond criminal charges. You may have the right to pursue a civil claim for compensation covering medical bills, lost wages, and pain and suffering. South Carolina law imposes serious criminal penalties on impaired drivers who cause harm while providing powerful legal tools for victims seeking financial recovery. Understanding both aspects can help you make informed decisions about protecting your rights.
If you or someone close to you was hurt by an impaired driver, Jeffcoat Injury and Car Accident Lawyers can help you explore your legal options. Call (803) 200-2000 or contact us today for a free consultation.
Criminal Penalties for DUI-Related Injuries in South Carolina
South Carolina treats drunk driving that results in injury far more seriously than a standard DUI offense. When an impaired driver causes harm, the charge can escalate from a misdemeanor to a felony, carrying significantly harsher penalties.
Felony DUI When Great Bodily Injury Results
Under Section 56-5-2945, a person who drives under the influence and causes "great bodily injury" commits felony DUI in South Carolina. The law defines great bodily injury as bodily injury that creates a substantial risk of death or causes serious, permanent disfigurement, or protracted loss or impairment of any bodily member or organ function. This felony carries a mandatory fine of $5,100 to $10,100 and mandatory imprisonment of 30 days to 15 years. No part of the sentence may be suspended, and probation is not available.
Penalties When a Drunk Driver Causes Death
If a drunk driving accident results in a fatality, the penalties increase substantially. The offender faces a mandatory fine of $10,100 to $25,100 and mandatory imprisonment of one to 25 years, with no portion suspendable. After release, convicted individuals must enroll in the Ignition Interlock Device Program and obtain an ignition interlock restricted license under Section 56-5-2941, with the device required for three years following great bodily injury convictions and five years following death convictions.
The table below compares penalties for different DUI charges:
| Charge | Fine | Imprisonment | Sentence Suspendable? |
|—|—|—|—|
| Standard DUI (1st Offense) | $400 | 48 hours to 30 days | Subject to court discretion |
| Felony DUI (Great Bodily Injury) | $5,100 to $10,100 | 30 days to 15 years | No |
| Felony DUI (Death) | $10,100 to $25,100 | 1 year to 25 years | No |
💡 Pro Tip: Criminal charges and civil injury claims are two separate legal processes. Even if the at-fault driver receives criminal penalties, you generally still need to file your own civil claim to recover compensation for your injuries. A criminal conviction does not automatically result in payment for your medical bills or lost wages.
Your Rights as a Victim Injured by a Drunk Driver in SC
As someone injured by a drunk driver in South Carolina, you have the right to pursue a civil claim for damages independently of any criminal prosecution. Civil claims allow victims to seek compensation for medical expenses, rehabilitation costs, lost income, diminished earning capacity, and pain and suffering. The burden of proof in a civil case is lower than in a criminal case, which may work in your favor. You can learn more by speaking with an SC personal injury attorney.
💡 Pro Tip: Begin documenting everything immediately after a drunk driving accident. Keep records of all medical treatments, prescriptions, therapy appointments, and any days of work you miss. This documentation can serve as critical evidence when calculating the full value of your personal injury claim in South Carolina.
How South Carolina’s Dram Shop Laws Expand Victim Recovery
South Carolina’s Dram Shop laws may allow you to seek compensation not only from the drunk driver but also from the bar or restaurant that served them. Under state law, commercial sellers of alcohol cannot knowingly serve patrons who are already intoxicated or sell alcohol to underage patrons. When an establishment violates these rules and a drunk driving accident results, victims may hold that business liable.
Insurance Requirements for Alcohol-Serving Establishments
Many South Carolina establishments that serve alcohol are required to carry a minimum of $1,000,000 in liability insurance. This insurance can serve as a significant source of compensation for drunk driving victims. Under amendments to South Carolina’s dram shop liability framework effective in 2026, an alcohol-serving establishment found liable alongside an impaired driver may be responsible for up to 50% of the plaintiff’s actual damages, but the establishment’s substantial insurance coverage still makes Dram Shop cases a valuable avenue for recovery.
💡 Pro Tip: If you were hit by an impaired driver who had been drinking at a bar or restaurant before the crash, tell your attorney as soon as possible. Identifying Dram Shop liability early can open additional sources of recovery that may significantly increase the total compensation available in your case.
Filing a DUI Injury Claim: What a Personal Injury Lawyer in South Carolina Can Do
Navigating the legal process after a drunk driving accident requires understanding filing deadlines, evidence preservation, and liability theories. A personal injury lawyer in South Carolina can investigate all potential sources of recovery, including the at-fault driver’s insurance, Dram Shop claims against alcohol-serving businesses, and any applicable underinsured or uninsured motorist coverage.
Understanding the Statute of Limitations
South Carolina generally provides a three-year statute of limitations for personal injury claims, including those arising from drunk driving accidents. This applies to actions for assault, battery, or any injury to the person or rights of another. Wrongful death actions also carry a three-year deadline, beginning on the date of death. Courts typically interpret exceptions to these deadlines narrowly, so victims should not assume that tolling or discovery rules will automatically extend the filing period.
💡 Pro Tip: Do not wait until the final months before the three-year deadline to take action. Critical evidence such as surveillance footage, witness memories, and electronic records can deteriorate or disappear over time. Starting the legal process early helps preserve the strongest version of your case.
Steps to Protect Your DUI Crash Injury Compensation in SC
Taking the right steps after a drunk driving accident can significantly affect the outcome of your claim. Victims should prioritize these actions:
- Seek immediate medical attention to create a medical record linking your injuries to the accident.
- File a police report and request a copy, as it may contain evidence of the other driver’s impairment.
- Gather witness contact information and take photos of the accident scene, vehicle damage, and visible injuries.
- Avoid giving recorded statements to the at-fault driver’s insurance company before speaking with an attorney.
- Keep a journal of your symptoms, pain levels, and how your injuries affect your daily life and work.
Understanding the full scope of your damages is essential to recovering fair compensation. Many victims underestimate their claim by failing to account for future medical care, long-term suffering, or emotional toll. To learn more, read about drunk driver pain and suffering in South Carolina.
South Carolina’s Liability Framework and What It Means for Victims
South Carolina’s liability framework can benefit injured plaintiffs in drunk driving cases. Under the state’s joint-and-several liability rules, a defendant found at least 50% responsible may be required to pay the entire verdict. However, under amendments to dram shop liability laws effective in 2026, an alcohol-serving establishment’s liability may be capped at 50% of the plaintiff’s actual damages when both the establishment and impaired driver are found at fault.
South Carolina’s DUI and felony DUI statutes outline the criminal framework, but the civil system provides a separate and equally important path to justice. Holding all responsible parties accountable through a personal injury lawyer in South Carolina can help you pursue compensation that covers the true cost of your injuries.
💡 Pro Tip: South Carolina’s joint-and-several liability rules mean that even when the drunk driver has limited insurance or assets, other liable parties such as alcohol-serving establishments may be required to cover a larger share of the verdict. Investigating every possible defendant is essential to maximizing your recovery.
Frequently Asked Questions
1. Can I sue a bar or restaurant if a drunk driver injured me in South Carolina?
In many cases, yes. South Carolina’s Dram Shop laws may allow you to file a claim against an establishment that illegally served alcohol to an already intoxicated person or minor who then caused your accident. Many establishments carry at least $1,000,000 in liability insurance.
2. How long do I have to file a personal injury claim after a drunk driving accident in SC?
South Carolina generally allows three years from the date of injury to file a personal injury claim. For wrongful death cases, the three-year period begins on the date of death. Courts interpret exceptions narrowly, so consulting with an attorney early is advisable.
3. What is the difference between a standard DUI and a felony DUI in South Carolina?
A standard first-offense DUI without injury carries a $400 fine or 48 hours to 30 days imprisonment. Felony DUI applies when the impaired driver causes great bodily injury or death, with mandatory fines starting at $5,100 and non-suspendable prison sentences.
4. What compensation can I recover if I was injured by a drunk driver?
Victims may recover compensation for medical expenses, lost wages, diminished earning capacity, property damage, and pain and suffering. The exact amount depends on your case facts, injury severity, and number of liable parties. Dram Shop claims can increase total recovery.
5. Do I still need to file a civil claim if the drunk driver is convicted?
Yes. A criminal conviction punishes the offender but does not automatically compensate the victim. You must file a separate civil claim to recover damages for medical bills, lost income, and other losses. The criminal and civil cases proceed independently.
Protect Your Rights After a Drunk Driving Accident in South Carolina
Being injured by a drunk driver is a life-changing event, and South Carolina law provides multiple paths to hold responsible parties accountable. From felony DUI criminal penalties to civil claims against both the driver and alcohol-serving establishments, victims have real legal options. The key is acting promptly, preserving evidence, and understanding the full scope of your rights before critical deadlines pass.
If you or a family member was hurt in an impaired driving crash, Jeffcoat Injury and Car Accident Lawyers is ready to fight for the compensation you deserve. Call (803) 200-2000 or reach out online to discuss your case today.
