Driving under suspension in South Carolina (S.C. Code § 56-1-460) is a criminal misdemeanor, not a ticket you can pay and forget. A first offense carries a $300 fine or up to 30 days in jail, or both; a second $600 or up to 60 days; a third $1,000 and up to 90 days, with harsher minimums when the suspension came from a DUI. The DMV also extends the original suspension. Ordinary moving violations add points to your record, twelve points brings a suspension, and paying the ticket is a guilty plea that posts the points. Many tickets can be reduced or resolved in a way that keeps points off your record.
Driving under suspension: penalties under § 56-1-460
| Offense | Suspension for any other reason | Suspension for DUI, DUAC or a refusal |
|---|---|---|
| First | $300 fine or up to 30 days in jail, or both | $300 fine or 10 to 30 days in jail |
| Second | $600 fine or up to 60 days, or both | $600 fine or 60 days to 6 months |
| Third or later | $1,000 fine and up to 90 days in jail or home detention | $1,000 fine and 6 months to 3 years |
Those are the figures in S.C. Code § 56-1-460. On top of the sentence, the DMV extends the suspension for a further period when it receives the conviction, so each offense pushes the day you can drive legally further away. The most common reason people are driving suspended is one they did not know about: a ticket that went unpaid, a missed court date, a lapse in insurance or an unpaid reinstatement fee. The first thing we do is pull your DMV record to find out why you were suspended and what it takes to fix it, because a driver who is reinstated before the court date is in a far better position than one who is not.
Points and suspensions
South Carolina assigns points to moving violations (S.C. Code § 56-1-720): two for speeding 10 mph or less over the limit, four for 11 to 24 over, six for 25 or more over or for reckless driving, four for disobeying a traffic signal or following too closely, and so on. Twelve or more points brings a suspension, and points are halved after a year. Insurance companies read the same record and price it, and a six-point ticket can cost more in premiums over three years than the fine.
Tickets that are more than tickets
- Reckless driving is a criminal misdemeanor with six points; a second conviction within five years brings a three-month suspension.
- Driving under suspension is a criminal charge with jail exposure that grows with each offense, and it is never expungeable.
- Leaving the scene, racing and habitual-offender status each carry consequences far beyond a fine, including multi-year license revocations.
- Failure to appear or pay. Missing a court date lets the court convict you in your absence and suspends your license until the fine is paid and the reinstatement fee cleared.
- Commercial drivers. A ticket in a personal vehicle can still put a CDL at risk, and masking is prohibited; never pay one without checking.
- Out-of-state drivers. South Carolina reports convictions to your home state under the Driver License Compact, where the points may count differently.
What we can often do
Negotiate a reduction to a non-moving or lower-point violation, arrange a defensive-driving resolution where the court allows it, challenge the speed measurement and the legality of the stop when the facts support it, get a suspension cleared before the court date so a driving-under-suspension charge can be dismissed or reduced, and appear for you so you do not lose a workday in court. For serious charges, we prepare for trial.
Which court
Tickets are heard in the municipal court of the town where you were stopped, such as Summerville Municipal Court at Town Hall on South Main Street, Goose Creek or North Charleston, or in the county magistrate's court for stops by the sheriff or the Highway Patrol, which for Dorchester County means the Summerville magistrate at 212 Deming Way or the St. George office. Your ticket shows the court and the date. If you miss the date, the court can convict you in your absence and suspend your license for failure to pay.
Got a ticket, or charged with driving under suspension?
Send us a photo of it. We will tell you the points, the risk, and whether it is worth fighting.
Questions people ask
What is the penalty for driving under suspension in South Carolina?
A first offense is a $300 fine or up to 30 days in jail, or both; a second is $600 or up to 60 days; a third is $1,000 and up to 90 days. If the suspension was for DUI the minimums are higher, up to six months to three years for a third offense. The DMV also extends the suspension.
Can I just pay a speeding ticket in South Carolina?
Yes, but paying is a guilty plea and the points post to your record. For anything above a minor speed, ask first.
Can driving under suspension be expunged in SC?
No. Offenses involving the operation of a motor vehicle are excluded from South Carolina's expungement statute.
Do I have to appear in court for a traffic ticket?
For most tickets an attorney can appear for you. Some charges, including driving under suspension, require your presence.
Will a ticket in South Carolina affect my Georgia or North Carolina license?
Usually yes; states share convictions through the Driver License Compact.
Related pages
DUI & DUAC defense
First-offense penalties by breath result, the 2024 interlock rule, the 30-day license deadline and the defenses that work.
Learn moreExpungements
Who qualifies, waiting periods, the fees, the circuit solicitors and the process.
Learn moreArrest warrants
Confirming a warrant, lifting a bench warrant, and surrendering with counsel.
Learn more