Alcohol causes several significant impairments that make it impossible to drive safely. In fact, driving under the influence of alcohol is illegal in every state. Unfortunately, that doesn’t deter many drinkers from driving, and they often cause accidents.
If a drunk driver injured you, you deserve compensation. Let an experienced drunk driving accident lawyer from Dan Pruitt Injury Law Firm help with your claim to increase the likelihood of a favorable outcome.
You do not need the drunk driver convicted of DUI to bring or win a civil injury claim. In civil court, the standard is “more likely than not,” which is lower than the criminal standard. Your case can proceed even if prosecutors reduce or dismiss the charges. Evidence from the criminal investigation, such as BAC results, officer observations, and body-cam or dash-cam video, often strengthens the civil case.
How Does South Carolina Define Drunk Driving?
In South Carolina, anyone with a blood alcohol content of 0.08% or more is considered drunk. A person with a BAC (blood alcohol content) of 0.05% to 0.08%, combined with other factors, might also be considered under the influence. Minors and individuals with an exceptionally high BAC may be subject to different rules.
Law enforcement officers can issue citations for DUI or DUAC (Driving with an Unlawful Alcohol Concentration). You can also hold the driver accountable through a personal injury claim, and our firm can handle that process for you.
South Carolina recognizes two impaired-driving offenses. DUI is driving while your abilities are “materially and appreciably impaired” by alcohol, drugs, or a combination of both (S.C. Code §56-5-2930). DUAC is driving with an alcohol concentration of 0.08% or higher, regardless of visible impairment (S.C. Code §56-5-2933). Either can support civil liability.
Who Is Liable in a South Carolina Drunk Driving Accident?
In most personal injury cases, you need evidence to prove negligence, which means failing to behave as a reasonable person would in the same situation. Most people realize that drunk driving is dangerous and wouldn’t do it.
To prove negligence, your drunk driving accident attorney must show that:
- Someone owes you a duty of care: Every driver has a duty of care to others on the road to drive safely to reduce the risk of causing an accident.
- That party breached their duty of care: That person chose to drive while under the influence, disregarding safety.
- The breach caused an accident.
- You sustained injuries and other damages in that accident: The accident caused by the breach is directly responsible for your injuries and related damages.
In many kinds of car accident claims, the driver bares responsibility. In drunk driving accidents, however, there may be more than one liable party. You may find it challenging to gather solid evidence if you handle your claim alone, but our competent drunk driving accident lawyer in Greenville, SC, knows what types of evidence are needed to support your claim and how to locate it. South Carolina’s safety laws also matter: a DUI or DUAC violation can be strong evidence of negligence (often called “negligence per se”). We also examine whether the conduct was willful or reckless, which may support a claim for punitive damages.
Can Other Parties Be Held Liable for a DUI Crash?
South Carolina law allows you to seek compensation from the drunk driver and, in some cases, from the people or establishment that served them alcohol. That doesn’t mean the drunk driver is innocent. They chose to drive while under the influence, which is a clear case of negligence.
Bars and restaurants may share responsibility when they knowingly serve an intoxicated person or someone under 21, see S.C. Code §61-4-580(A)(2). If an establishment overserved a visibly intoxicated driver who later caused your crash, we can pursue a claim against that business. For liquor-by-the-drink service, related rules appear in Title 61, Chapter 6 (for example, §61-6-2220).
Many on-premises alcohol licensees that are open after 5:00 p.m. must carry at least $1,000,000 in liquor liability insurance, S.C. Code §61-2-145. This coverage can be an important source of recovery when a bar or restaurant is at fault.
Typical evidence includes tabs and receipts, surveillance video, statements from servers or managers about visible intoxication, staffing and training records, and a timeline tying service to the crash.
Other parties, such as government agencies responsible for road maintenance and other drivers, might also contribute to a DUI (driving under the influence) accident. South Carolina’s modified comparative negligence law applies: you can still recover if you are 50% or less at fault, and your compensation is reduced by your share.
Under the state’s apportionment rules, a defendant who is under 50% at fault is generally responsible only for their percentage of damages, S.C. Code §15-38-15. Fault is assigned among all responsible parties by the jury or judge. Special rules may apply for willful or wanton conduct and in alcohol-related cases.
Your Greenville drunk driving accident lawyer will investigate your accident to determine who is responsible, even if there are multiple parties to blame.
South Carolina Drunk Driving Accident Rates: How Dangerous Is Drunk Driving?
South Carolina ranks toward the top of the worst states for drunk driving accidents. In a recent year, one person died in South Carolina every 21.9 hours in a car crash caused by a drunk driver. That same year, an estimated 5,625 people sustained non-fatal injuries in alcohol-related collisions throughout the state. Most of these injuries and fatalities wouldn’t have happened if the drunk driver had just refrained from operating a motor vehicle.
Alcohol can cause impairments, such as poor judgment, delayed reactions, trouble concentrating, blurred vision, a lack of motor skill coordination, and feelings of recklessness or invincibility. Drunk drivers often drift between lanes, slow down or speed up unexpectedly, drive too fast for conditions or over posted speed limits, and follow too closely.
Any of these impairments is dangerous alone, but when combined, they can be deadly. Drivers with a BAC of 0.08% are seven times more likely than sober drivers to have an accident, with a 0.15% BAC increasing that risk to 25 times more likely.
State agencies also track impaired-driving enforcement and outcomes. The South Carolina Department of Public Safety (SCDPS) tracks DUI and DUAC arrests, test results, and outcomes. Those records, such as breath or blood results, officer observations, and body camera or dash camera video, often become key evidence in civil cases, even if the criminal charges change later.
How Will a Drunk Driving Accident Lawyer Investigate Your Claim?
A thorough investigation should find concrete evidence to support your personal injury claim. We will use things like police reports, video surveillance recordings, accident scene photos, eyewitness statements, and your medical records. We might also track the drunk driver’s actions in the hours leading up to your crash to find out if other parties are liable.
If you are able, try to record videos at the accident scene that demonstrate the driver’s impairments and drunkenness.
Any other photos you can provide are also extremely helpful because your drunk driving accident attorney can use them as evidence.
We also act quickly to preserve time-sensitive DUI and DUAC evidence: breath or blood test results, implied-consent paperwork, body camera or dash camera video, and bar or restaurant records when overservice is suspected. Vehicle event data recorder (EDR or “black box”) downloads can help prove speed and braking, and preservation or spoliation letters help ensure key video or point-of-sale data is not lost.
What If I’m Partly at Fault? (South Carolina’s 51% Rule)
South Carolina uses modified comparative negligence. You may still recover compensation as long as you are 50% or less at fault; any compensation is reduced in proportion to your percentage of fault. Under S.C. Code §15-38-15, a defendant who is under 50% at fault is generally liable only for that percentage, and fault is allocated among all responsible parties by the jury or judge. Special rules can apply when conduct is willful or wanton.
How Long Do I Have to File? (Deadlines/Statutes of Limitation)
For most personal injury cases arising from a crash, you generally have three years to file suit. See S.C. Code §15-3-530(5). Under the discovery rule, that period runs from when you knew or reasonably should have known you had a claim. See §15-3-535.
If a city, county, or state entity may be responsible, the Tort Claims Act sets a two-year limit. If you file a verified claim within one year of the loss, you may have three years to bring the lawsuit. See S.C. Code §15-78-110 and related procedures in §15-78-100. Missing these deadlines can bar your claim.
What Compensation Could You Be Entitled To Claim?
Case-specific factors determine how much compensation you can receive. When you contact the Dan Pruitt Injury Law Firm to request your free case review, we can provide an estimate of your payout amount.
Economic damages
Your accident likely caused various expenses. Economic damages reimburse you for qualifying costs of medical treatments, lost wages, replacement services, and property damage. Be sure to keep all invoices and receipts associated with your accident.
Non-economic damages
Drunk driving accidents can directly impact your quality of life. You may obtain damages for things like pain and suffering, permanent disfigurement or disability, PTSD (post-traumatic stress disorder), and lost ability to enjoy life.
Punitive damages
Only rarely might you qualify to receive punitive damages, as these are intended to punish wrongdoers for particularly reprehensible actions. If you are eligible, your legal team can help.
In South Carolina, punitive damages are generally capped at the greater of three times compensatory damages or $500,000. In some circumstances, the cap increases to the greater of four times compensatory damages or $2,000,000. There is no cap if the court finds certain aggravating factors, including intent to harm, a felony arising from the same act, or that the defendant acted while under the influence of alcohol or drugs to a degree that substantially impaired judgment. (S.C. Code §15-32-530.)
Drunk Driving Accident FAQ (Greenville, SC)
Do I need the drunk driver convicted to win my civil case?
No. Criminal and civil cases are separate. Civil claims use a lower burden of proof, “more likely than not,” and can succeed without a DUI or DUAC conviction. Evidence from the criminal investigation, such as BAC results, officer observations, and body camera or dash camera video, still helps. Put simply, the civil question is whether the driver’s impairment more likely than not caused your injuries; the criminal case asks whether guilt is proven beyond a reasonable doubt. That’s why civil cases can move forward even when prosecutors reduce or dismiss charges.
Can I sue the bar or restaurant that overserved the driver?
Potentially. South Carolina law prohibits selling or serving alcohol to intoxicated persons or anyone under 21, and many on-premises licensees open after 5 p.m. must carry at least $1,000,000 in liquor liability insurance. In a dram shop claim, we look for signs of visible intoxication and service records tying alcohol service to the crash.
How long do I have to file?
Most South Carolina injury claims have a three-year deadline. Claims involving a governmental entity are generally two years, or three if a verified claim is filed first. Missing a statute of limitations can bar the case, so do not wait to get specific advice.
What if I’m partly at fault? (South Carolina’s 51% rule)
You can still recover if you are 50% or less at fault, and your compensation is reduced by your share. If you are 51% or more at fault, you cannot recover. Fault among all parties is assigned by the jury or judge.
Are punitive damages possible in DUI/DUAC cases?
They can be, in cases involving reckless or willful and wanton conduct. South Carolina has statutory caps with exceptions, including when a defendant acted while under the influence to a degree that substantially impaired judgment. We will evaluate your facts against those rules.
Greenville Resources & Local Context
SCDPS has identified Greenville County among the state’s priority counties for DUI-related fatal and serious-injury collisions, which is why prompt medical care and clear next steps matter after a suspected DUI crash.
If you need help right now:
• Emergency care (24/7): Prisma Health Greenville Memorial Hospital, Emergency Department, 701 Grove Rd, Greenville, SC 29605, (864) 455-7000.
• Courthouse/filings: Greenville County Courthouse (Clerk of Court), 305 E. North St, Greenville, SC 29601, (864) 467-8554.
• Victim support: Mothers Against Drunk Driving (MADD South Carolina), free victim services and court accompaniment.
• State victim advocacy: South Carolina Attorney General’s Victim Advocacy Division, information, referrals, and support in cases handled by the AG’s Office.
Tip: Save receipts, discharge papers, and any photos or videos from the scene. These often become key evidence in a civil claim.
Contact a South Carolina Drunk Driving Accident Lawyer Today
Since 1993, Dan Pruitt Injury Law Firm has helped those injured in drunk driving accidents obtain compensation for their injuries. We are intimately familiar with SC personal injury statutes and how they might affect your case.
Whether through negotiations or filing a civil lawsuit, your legal team will fight for your right to reasonable compensation for your damages.
Contact Dan Pruitt Injury Law Firm 24/7 for your free case evaluation. You can visit our offices, use virtual communication methods, or have us come to you. You need a dedicated, competent drunk driving accident lawyer on your side, and we are here to help you.
Legal Sources
- DUI (impairment): S.C. Code §56-5-2930 – South Carolina Code of Laws (official)
https://www.scstatehouse.gov/code/t56c005.php - DUAC (per se .08): S.C. Code §56-5-2933 – South Carolina Code of Laws (official)
https://www.scstatehouse.gov/code/t56c005.php - Alcohol service – sale to intoxicated/minors: S.C. Code §61-4-580(A)(2) – South Carolina Code of Laws (official)
https://www.scstatehouse.gov/code/t61c004.php - Liquor-liability insurance (minimum $1M after 5 p.m.): S.C. Code §61-2-145 – text of statute (Justia)
https://law.justia.com/codes/south-carolina/title-61/chapter-2/section-61-2-145/
SCDOR Alcoholic Beverage Licensing guidance (insurance requirement summary)
https://www.dor.sc.gov/alcohol-beverage-licensing-abl/operating-abl-business - Comparative negligence & apportionment (51% rule; update notes for Jan 1, 2026): S.C. Code §15-38-15 – South Carolina Code of Laws (official)
https://www.scstatehouse.gov/code/t15c038.php - General personal-injury statute of limitations: S.C. Code §15-3-530(5) – South Carolina Code of Laws (official)
https://www.scstatehouse.gov/code/t15c003.php - Discovery rule: S.C. Code §15-3-535 – South Carolina Code of Laws (official)
https://www.scstatehouse.gov/code/t15c003.php - Tort Claims Act limitations & claim procedures: S.C. Code §§15-78-110, 15-78-100 – South Carolina Code of Laws (official)
https://www.scstatehouse.gov/code/t15c078.php
(Direct section text for §15-78-110: https://law.justia.com/codes/south-carolina/title-15/chapter-78/section-15-78-110/) - Punitive damages caps & exceptions (including intoxication aggravator): S.C. Code §15-32-530 – South Carolina Code of Laws (official)
https://www.scstatehouse.gov/code/t15c032.php
(Direct section text: https://law.justia.com/codes/south-carolina/title-15/chapter-32/section-15-32-530/) - SCDPS priority-county context for impaired driving (Greenville listed among priority counties):
South Carolina FY 2024–2026 Highway Safety Plan (PDF) – see impaired-driving priority counties
https://www.nhtsa.gov/sites/nhtsa.gov/files/2024-01/SC_FY24-26_HSP-tag.pdf - Greenville County Courthouse / Clerk of Court contact:
Greenville County Clerk of Court (official county site)
https://www.greenvillecounty.org/ClerkOfCourt/
South Carolina Judicial Branch – Greenville County courthouses
https://www.sccourts.org/courts/courthouse-search/greenville/ - Emergency care location:
Prisma Health Greenville Memorial Hospital – Emergency Department
https://prismahealth.org/locations/hospitals/greenville-memorial-hospital
(General contacts page listing hospital numbers: https://prismahealth.org/patients-and-guests/contact) - Victim support:
Mothers Against Drunk Driving — South Carolina Affiliate
https://madd.org/south-carolina/
South Carolina Attorney General — Victim Advocacy Division
https://www.scag.gov/inside-the-office/victim-advocacy-division/
(Additional statewide victim services: https://www.scag.gov/crime-victim-services/)