Every day in South Carolina, drivers are arrested for suspicion of driving under the influence. Drunk driving is never condoned, but being arrested does not mean that you are guilty. Under South Carolina DUI law, an officer can initiate an arrest for drunk driving based only on suspicion of impairment.
If you are facing a DUI charge, having an attorney is essential to protect your rights and navigate the complexities of the legal system. An experienced DUI defense lawyer can evaluate the evidence, identify potential weaknesses in the prosecution's case, and advocate on your behalf to reduce or dismiss the charges. Without professional legal support, you may face severe consequences, including license suspension, fines, and a criminal record.
Secure your defense with the help of our experienced DUI Defense lawyers. Contact Joe Good at (843) 412-1401 or fill out our contact form today.
South Carolina DUI Laws to Be Aware Of
South Carolina has stringent DUI laws that all residents and visitors should be aware of to ensure road safety and compliance with legal requirements. The most important of those being that the legal BAC limit for drivers is 0.08% for individuals aged 21 and older operating non-commercial vehicles.
South Carolina imposes enhanced penalties for drivers with higher BAC levels or repeat DUI offenses. For example, drivers with a BAC of 0.16% or higher may face harsher penalties, including longer license suspensions, higher fines, and potential jail time.
DUI Penalties In South Carolina
In South Carolina, the penalties for a DUI conviction are determined by several factors, including your blood alcohol concentration (BAC) and whether it's your first offense or a repeat violation. The state takes a strict stance on DUI offenses, with both criminal and administrative penalties that can have lasting effects on your life. Below are the key penalties associated with DUI convictions in South Carolina:
- First Offense (BAC 0.08% to 0.10%)
- Fine of up to $400
- Imprisonment for up to 30 days or 48 hours of public service
- License suspension for six months
- Second Offense
- Fine of $2,100 to $5,100
- Imprisonment for up to one year
- License suspension for one year
- Mandatory installation of an ignition interlock device
- Third Offense
- Fine of $3,800 to $6,300
- Imprisonment for up to three years
- License suspension for two years
- Mandatory ignition interlock device installation for two years upon license reinstatement
- Higher BAC Levels (0.16% and above)
- Enhanced penalties, including higher fines and longer imprisonment
- Extended license suspensions
- Administrative Penalties
- Immediate license suspension for refusing a chemical test or failing one
- Mandatory enrollment in the Alcohol and Drug Safety Action Program (ADSAP)
These penalties not only include fines and jail time but can also significantly impact your driving privileges, insurance rates, and even your employment opportunities.
How Long Does A DUI Stay On Your Record in South Carolina?
In South Carolina, a DUI conviction can have long-lasting effects on your driving record and legal history. A DUI conviction in South Carolina remains on your driving record indefinitely. This means that the offense is permanently documented in your driving history, and it can be accessed by law enforcement, courts, and insurance companies.
In addition to your driving record, a DUI conviction results in a criminal record. This record can have broader implications beyond driving-related matters, potentially affecting housing applications, educational opportunities, and eligibility for certain government programs.
What Happens After You Get A DUI In South Carolina?
There are both criminal and civil penalties associated with driving under the influence. A conviction on criminal charges could lead to large fines, jail, community service and mandatory substance abuse treatment. Your auto insurance could potentially be cancelled, which means that you will be required to get expensive, high-risk coverage.
Penalties will increase with additional DUI violations. Being found guilty of drunk driving in South Carolina also results in a criminal record, which could have a long-term impact on employment opportunities, renting a car, opening a credit account and traveling to some countries.
How A DUI Attorney Can Help
Attorney Joe Good brings extensive experience in DUI criminal defense, thoroughly reviewing every aspect of your case, from the traffic stop to the administration of sobriety tests. His goal is to identify any procedural errors or rights violations that could weaken the prosecution’s case.
Joe Good can also negotiate with prosecutors to reduce charges or secure a favorable plea deal, aiming to mitigate the penalties. If your case goes to trial, he will challenge evidence like breathalyzer or blood test results and the legality of the traffic stop to build a strong defense.
Additionally, an attorney can assist with administrative matters, such as challenging license suspensions, filing SR-22 insurance forms, and navigating the Alcohol and Drug Safety Action Program (ADSAP).
By hiring Joe Good, you'll have an advocate focused on protecting your rights and minimizing the impact of a DUI conviction.
There is no cost or obligation for the initial meeting. Time is important, so do not delay contacting Joseph C. Good III, P.A. today.
Contact our firm at (843) 412-1401 or fill out our contact form. We offer free consultations to discuss your rights and help you navigate the complexities of a legal matter.
Frequently Asked Questions
Are You Required to Comply With a Breathalyzer Test?
In South Carolina, holding a driver's license means that you have given implied consent to undergo chemical tests (breath, blood, or urine) to check your BAC if suspected of DUI. Refusing to take these tests can lead to an immediate license suspension along with other penalties.
Is it Legal to Drink Alcohol and Drive a Vehicle in South Carolina?
Yes, but it becomes illegal when your ability to drive is significantly impaired. Whether you are guilty of DUI depends on the extent of your impairment, which can be subjective. That’s why having an experienced DUI attorney is vital to protecting your rights.
What is ADSAP?
The Alcohol and Drug Safety Action Program (ADSAP) is a mandatory program in South Carolina for individuals convicted of DUI or DUAC. The program aims to assess and provide treatment to individuals who have alcohol or drug-related offenses. Completion of ADSAP is necessary to restore your driving privileges.
What is SR-22?
An SR-22 is a document, not a type of insurance, that verifies to the Department of Motor Vehicles that you have the required minimum liability insurance coverage. It is required for those convicted of DUI, DUAC, or a second reckless driving offense within five years. You must maintain SR-22 coverage for three years, which may result in higher insurance premiums.
