What is Aggravated DWI/DUI in South Carolina?
Driving under the influence (DUI) is a serious offense in South Carolina, but certain circumstances can elevate a standard DUI charge to an aggravated DUI, leading to more severe penalties and long-term consequences. Understanding what constitutes an aggravated DUI and how it differs from a standard DUI is crucial if you or someone you know is facing such charges. This guide will walk you through the key aspects of aggravated DUI in South Carolina, from its legal definition to the potential impacts on your life.
Definition and Legal Basis of Aggravated DUI in SC
Aggravated DUI is a more serious form of driving under the influence, characterized by certain aggravating factors that heighten the severity of the offense.
How Does South Carolina Law Define Aggravated DUI?
In South Carolina, aggravated DUI refers to a DUI offense that includes additional factors making the situation more dangerous or reckless. These aggravating factors can include extremely high blood alcohol concentration (BAC), prior DUI convictions, causing injury or death, or driving with a minor in the vehicle.
What’s the Difference Between Standard DUI and Aggravated DUI?
The primary difference between a standard DUI and an aggravated DUI is the presence of these aggravating factors. While a standard DUI charge is serious and can lead to significant penalties, an aggravated DUI charge carries harsher consequences due to the increased risk or harm involved.
Which SC Statutes Govern Aggravated DUI Cases?
Aggravated DUI cases in South Carolina are governed by several statutes, primarily found in Title 56 of the South Carolina Code of Laws. Specific statutes, such as S.C. Code § 56-5-2930 and S.C. Code § 56-5-2945, outline the legal parameters for DUI offenses and the enhanced penalties for aggravated cases.
What Factors Elevate a DUI to Aggravated Status?
Certain factors can elevate a standard DUI charge to an aggravated DUI, leading to more severe penalties.
What Blood Alcohol Concentration (BAC) Level Constitutes Aggravated DUI?
In South Carolina, a BAC of 0.08% or higher typically constitutes DUI. However, if your BAC is significantly higher—often 0.16% or above—this can elevate the charge to aggravated DUI, reflecting the increased risk to public safety.
How Do Prior DUI Convictions Affect Charge Elevation?
If you have prior DUI convictions, a new DUI offense is more likely to be charged as aggravated. Repeat offenses demonstrate a pattern of dangerous behavior, leading to harsher penalties under South Carolina law.
Can the Presence of Minors in the Vehicle Lead to Aggravated Charges?
Yes, driving under the influence with a minor in the vehicle is considered an aggravating factor. The presence of children increases the potential harm, and South Carolina law imposes stricter penalties in these cases to protect minors from the dangers of impaired driving.
What Other Circumstances Can Result in Aggravated DUI Charges?
Other circumstances that can elevate a DUI charge include causing a serious injury or fatality while driving under the influence, attempting to flee the scene, or engaging in particularly reckless driving behaviors. These factors significantly increase the severity of the charge and the corresponding penalties.
What Are the Penalties and Consequences of Aggravated DUI?
Aggravated DUI carries severe penalties in South Carolina, far exceeding those for a standard DUI.
What Are the Potential Fines for Aggravated DUI in SC?
The fines for an aggravated DUI can be substantial, often ranging from several thousand to tens of thousands of dollars, depending on the specific circumstances of the case and the presence of multiple aggravating factors.
How Long Can You Be Imprisoned for Aggravated DUI?
Imprisonment is a common penalty for aggravated DUI. Depending on the severity of the offense and prior convictions, you could face significant jail time, ranging from a few months to several years. In cases involving fatalities or serious injuries, the prison sentence could be even longer.
What Happens to Your Driver’s License After an Aggravated DUI Conviction?
After an aggravated DUI conviction, your driver’s license will likely be suspended or revoked for a longer period than with a standard DUI. You may also be required to install an ignition interlock device on your vehicle as a condition for reinstatement.
Are There Any Mandatory Substance Abuse Programs for Offenders?
Yes, individuals convicted of aggravated DUI in South Carolina are often required to complete mandatory substance abuse education or treatment programs. These programs are designed to address the underlying issues of alcohol or drug dependency and reduce the likelihood of reoffending.
What Is the Legal Process and Defense Strategies for Aggravated DUI?
The legal process for an aggravated DUI involves several stages, from arrest to potential trial, with opportunities for defense along the way.
What’s the Arrest and Booking Process for Aggravated DUI in SC?
If you are arrested for aggravated DUI in South Carolina, the process begins with your arrest and booking. You will be taken into custody, where your personal information and the details of the offense will be recorded. Following booking, you may be held in jail until your initial court appearance.
How Can an Attorney Challenge Aggravated DUI Charges?
An experienced DUI attorney can challenge aggravated DUI charges by scrutinizing the evidence, questioning the legality of the traffic stop, or disputing the accuracy of the BAC test. Additionally, your attorney may explore whether all procedural requirements were met during your arrest and whether any of your rights were violated.
What Evidence Is Typically Used in Aggravated DUI Cases?
Evidence in aggravated DUI cases often includes BAC test results, police reports, witness statements, and any video or audio recordings from the scene. The prosecution may also use evidence of prior DUI convictions or testimony regarding any aggravating factors, such as the presence of minors or the occurrence of an accident.
Can Plea Bargaining Reduce Aggravated DUI Charges?
In some cases, plea bargaining may be an option to reduce aggravated DUI charges to a lesser offense. This typically involves negotiating with the prosecutor to agree on a reduced charge or lesser penalties in exchange for a guilty plea. An experienced attorney can advise you on whether this is a viable option in your case.
What Is the Long-Term Impact of Aggravated DUI Convictions?
An aggravated DUI conviction can have lasting effects on various aspects of your life, extending well beyond the initial penalties.
How Long Does an Aggravated DUI Stay on Your Criminal Record?
An aggravated DUI conviction will remain on your criminal record for several years, often indefinitely. In South Carolina, DUI offenses are typically not eligible for expungement, meaning the conviction could appear on background checks for the rest of your life.
Can an Aggravated DUI Affect Employment Opportunities?
Yes, an aggravated DUI can significantly impact your employment opportunities. Many employers conduct background checks, and a criminal record that includes an aggravated DUI can disqualify you from certain jobs, particularly those that involve driving or working in safety-sensitive environments.
What Are the Insurance Implications of an Aggravated DUI?
Following an aggravated DUI conviction, you can expect your car insurance premiums to increase significantly. In some cases, insurance companies may even refuse to renew your policy, forcing you to seek high-risk insurance, which can be extremely expensive.
Is Expungement Possible for Aggravated DUI Convictions in SC?
Expungement of an aggravated DUI conviction in South Carolina is generally not possible. Unlike some other offenses, DUI convictions are not eligible for expungement, meaning the conviction will stay on your record permanently, affecting various aspects of your life.
Contact Thompson & Hiller Defense to Invoke Your Right to Counsel
Facing an aggravated DUI charge in South Carolina is a serious matter with potentially life-altering consequences. The experienced attorneys at Thompson & Hiller Defense are dedicated to providing you with the best legal representation possible. We understand the complexities of DUI law and are committed to defending your rights and minimizing the impact on your life. Contact us today for a consultation, and let us help you navigate through this challenging time.
