South Carolina DUI
Facing a DUI charge in South Carolina is a stressful experience, and the social repercussions can cause deep shame and regret. Understanding the confusing complexities of the judicial system is just one aspect of a DUI charge that needs to be considered, as the lifestyle and financial implications can be equally as devastating as the legal consequences. A DUI is a severe charge that can have long lasting detrimental effects on your quality of life – it is likely that you feel afraid and concerned for your future. If you find yourself facing an arrest for DUI, it is vital that you understand the legal rights that you are afforded under U.S. law.
Here at The Woods Law Firm, we understand that sometimes a charge of Driving Under The Influence may be brought against you by law enforcement even if your blood alcohol concentration level is below the legal limit of .08%. Under South Carolina law, it is not necessary for a person, who has been stopped on suspicion of driving under the influence, to display signs of intoxication in order to be arrested.
What Is A DUI in South Carolina?
South Carolina DUI law section 56-5-2930 states:
- It is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired.
Put simply; it is against the law for any person to drive a motor vehicle in the state of South Carolina while under the influence of alcohol or drugs with a blood alcohol concentration level of .08% or higher.
What Are The Penalties For A DUI 1st Offence In South Carolina?
- A fine of $400 (Four Hundred Dollars) – $1,000 (One Thousand Dollars) plus court costs
- 48 hours – 90 days in jail
- Loss of your driver’s license from 6 months up to 1 year
- ADSAP (Alcohol and Drug Safety Action Program) class plus the program fees
- Proof of SR-22 (high-risk driver’s insurance), required for a minimum of 3 years
- Possible loss of Your Job, Career and Educational Benefits
- A Permanent Criminal Record for the Rest of Your Life
What Are The Penalties For A DUI 2nd Offence In South Carolina?
- A fine of $2100 (Two Thousand One Hundred Dollars) – $6,500 (Six Thousand Five Hundred Dollars) plus court costs
- 5 days – 3 years in jail
- Loss of your driver’s license for up to 1 year
- ADSAP (Alcohol and Drug Safety Action Program) class program fees
- Proof of SR-22 (high-risk driver’s insurance), required for a minimum of 3 years
- Vehicle Immobilization Required
- Ignition Interlock Device Installed in your Vehicle for 2 years (Required)
- Possible Loss of Your Job and Educational Benefits
- A Permanent Criminal Record for the Rest of Your Life
What Are The Penalties For A DUI 3rd Offense In South Carolina?
- A fine of $3,800 – $6,000 plus court costs
- 60 days – 5 years in jail
- Loss of your driver’s license for between 2 years to 4 years
- ADSAP (Alcohol and Drug Safety Action Program) class program fees
- Proof of SR-22 (high-risk driver’s insurance), required for a minimum of 3 years
- Possible Loss of Your Vehicle
- Vehicle immobilization Required
- Ignition Interlock Device Installed in your car for 3 years (Required)
- Possible loss of Your Job and Educational Benefits
- A Permanent Criminal Record for the Rest of Your Life
Unlike a speeding fine, being convicted of a DUI charge leaves you with a permanent criminal record. If you are a college student who has been arrested for driving under the influence, your scholarships, grants, and loans could be at risk. If you are currently serving in the military, a DUI conviction could cause you could to lose your rank, have a reduction in pay, lose your security clearances or be cycled out completely. If you are a professional, such as a doctor, a lawyer, nurse, insurance agent or financial advisor, you could even lose your professional license and thus lose your livelihood.
What Happens When You Are Charged With A DUI in South Carolina?
When an officer stops you on suspicion of DUI in South Carolina, they have already begun to build their case against you. You probably have no idea how long they were observing you for prior to initiating the DUI stop. Once the officer has decided that they have reasonable grounds to suspect that you are under the influence, they can ask you to perform a number of field sobriety tests, such as a one-legged stand test or walking in a straight line. Field sobriety tests are as effective as the officer conducting them, and this leaves your response, and their interpretation of it, open to a considerable margin of error. During your arrest for DUI, you will also likely be offered the option of taking a breathalyzer test or blood test. If you refuse the test, your license will be suspended for six months, and you will be required to enroll in the Alcohol and Drug Safety Action Program (called “ADSAP”). If you take the test and your blood-alcohol concentration is 0.15% or higher, your license will be suspended, and you will have to enroll in ADSAP. Having your license suspended is one of the most stressful parts of a DUI arrest, making it hard to attend your place of employment and go about your daily life. We have in-depth knowledge of the DUI legal process and can help you to challenge this suspension by requesting an “implied consent” hearing within 30 days. We handle DUI and Criminal Cases in all 46 counties throughout the State of South Carolina. Please give our criminal defense attorney a call at 864-8100-DUI for specific information on how the laws are administered.
Individuals arrested and charged with a DUI are entitled to all of the protections of the law, and reserve the right to be represented by an attorney at every stage of their case. An arrest for driving under the influence does not mean that conviction is a foregone conclusion.
What Happens When You Are Released For DUI?
While waiting for your implied consent hearing, it is possible to obtain a Temporary Alcohol License, which will allow you to drive within the state of South Carolina without restrictions. You cannot obtain a Temporary Alcohol License until the DMV has received notice of your request for a hearing. We can help you to file the necessary paperwork in order to help get you back on the road and back to your life.
Why Choose Us To Represent You?
For the past 15 years, we have worked hard to have hundreds of DUI charges dismissed or minimized, in all 46 counties throughout the State of South Carolina. We take the time during our initial consultation to ensure that our clients understand their legal rights and every option that is available to them.
Your DUI case is only as successful as your DUI defense attorney. To ensure the best possible outcome for you and your family, it is imperative that you choose a lawyer who understands the legal process and has a seasoned reputation of getting results for their clients.
When you make the decision to retain The Woods Law Firm, you are investing in your future. We strive to do all that we can to fight for you and your best interests, whether this means questioning the validity of the breathalyzer or field sobriety test or requesting a dismissal of the case entirely. As an experienced DUI defense law firm, we understand that arrest does not equate to a conviction. Always remember that you are innocent until proven guilty–in the United States, that is your constitutional right. With strategic preparation, astute negotiation skills, and aggressive courtroom defense, we can help to protect what matters most to you.
Real Legal Defense for DUI and Traffic Tickets
In addition to DUI and felony DUI cases, we have handled thousands of cases for other traffic tickets, including but not limited to:
- Driving Under Suspension (DUS)
- Driving Under Alcohol Concentration (DUAC)
- Driving Without A License
- Speeding
- Reckless driving
- Possession of Marijuana
- Public Intoxication (Public Drunk)
- No Proof of Insurance
- No Proof of Driver’s License
- Failing to give a proper signal
- Failure to Stop
- Racing
- Failure to Yield Right of Way
If you are facing a DUI charge, you may feel like your situation is hopeless; we want you to know that it is not. If you, or a loved one, has been arrested for DUI, or any other driving offense in the State of South Carolina, please contact us today to ensure that a dedicated and knowledgeable criminal defense attorney is working on your behalf.