South Carolina DUI Attorney

Driving Under the Influence (DUI) charges are serious offenses that carry significant legal and personal consequences. In South Carolina, DUI charges can result from operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or if your driving is impaired by drugs or alcohol. These charges can lead to severe penalties, including fines, license suspension, and even imprisonment. Understanding the specifics of DUI laws and the legal process is crucial for anyone facing such charges.

What Are DUI Charges in South Carolina?

DUI charges in South Carolina involve operating a motor vehicle while impaired by alcohol or drugs. The state has strict DUI laws aimed at preventing impaired driving and enhancing road safety. A DUI can be charged if you have a BAC of 0.08% or higher, or if your ability to drive is materially and appreciably impaired by alcohol, drugs, or a combination of both. The penalties for DUI vary based on factors such as BAC level, prior offenses, and whether the DUI resulted in injury or property damage.

South Carolina Law Code on DUI Crimes

The South Carolina Code of Laws outlines DUI offenses under several statutes:

First Offense DUI (S.C. Code § 56-5-2930): This charge applies if it is your first DUI offense. Penalties can include fines, imprisonment for up to 30 days, and a six-month driver’s license suspension.
Second Offense DUI (S.C. Code § 56-5-2930): If you have a prior DUI conviction within the last ten years, a second offense can result in higher fines, imprisonment for up to one year, and a two-year license suspension.
Third Offense DUI (S.C. Code § 56-5-2930): A third DUI conviction within ten years can lead to even more severe penalties, including imprisonment for up to three years, substantial fines, and a permanent revocation of your driver’s license.
Felony DUI (S.C. Code § 56-5-2945): If a DUI results in great bodily injury or death, the charge escalates to a felony, carrying significant prison time, heavy fines, and long-term license suspension.
DUI with a Minor in the Vehicle (S.C. Code § 56-5-2947): Driving under the influence with a passenger under the age of 16 can result in additional penalties, including enhanced fines and imprisonment.
Driving with an Unlawful Alcohol Concentration (DUAC) (S.C. Code § 56-5-2933): This charge is similar to a DUI but focuses solely on the BAC level being 0.08% or higher, without the need to prove impairment.
Boating Under the Influence (BUI) (S.C. Code § 50-21-112): Operating a watercraft while impaired by alcohol or drugs is also illegal and carries penalties similar to DUI charges, including fines and imprisonment.

Your Rights When Facing DUI Charges

When facing DUI charges in South Carolina, it’s essential to understand and exercise your legal rights. You have the right to remain silent and avoid self-incrimination. Additionally, you have the right to legal representation, and if you cannot afford an attorney, one will be provided for you. You also have the right to challenge the evidence against you, including the validity of breathalyzer tests and field sobriety tests. Being aware of these rights is critical in ensuring a fair legal process and protecting your interests.

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What are the penalties for a first-time DUI in South Carolina?

Penalties for a first-time DUI can include fines, imprisonment for up to 30 days, and a six-month license suspension.

What is the legal BAC limit in South Carolina?

The legal BAC limit in South Carolina is 0.08% for drivers over 21. For commercial drivers, it is 0.04%, and for drivers under 21, any detectable amount can result in a DUI charge.

How does a DUI affect my driving record?

A DUI conviction will result in points on your driving record, increased insurance premiums, and potential long-term impacts on your ability to drive.

Can I refuse a breathalyzer test?

You can refuse a breathalyzer test, but doing so will result in an automatic six-month license suspension under South Carolina’s implied consent laws.

What are the defenses available for DUI charges in South Carolina?

Defenses may include challenging the accuracy of the breathalyzer or field sobriety tests, disputing the legality of the traffic stop, or demonstrating that the driver’s impairment was not due to alcohol or drugs.

What immediate steps should I take if I’m charged with a DUI?

If you are charged with a DUI, it’s crucial to remain calm and collected. Do not make any statements to the police beyond providing basic identification information. Contact a qualified DUI attorney as soon as possible to protect your rights and begin building your defense.

Are there defenses available if I failed a breathalyzer test?

Yes, there are several defenses that can be used to challenge the results of a breathalyzer test. These can include questioning the accuracy and calibration of the device, the administration of the test, and whether proper procedures were followed.

Can I get a provisional license after a DUI arrest?

In some cases, you may be eligible for a provisional license or a route-restricted license, allowing you to drive to work, school, or medical appointments. An attorney can assist you in applying for these options.

What is the difference between DUI and DUAC in South Carolina?

While both involve driving under the influence, a DUI requires proof of impairment, whereas a DUAC (Driving with an Unlawful Alcohol Concentration) is based solely on having a BAC of 0.08% or higher, regardless of impairment.

Consequences of DUI Charges

The consequences of a DUI conviction in South Carolina are not just legal but profoundly personal, affecting every facet of your life. You may face fines, jail time, community service, and mandatory alcohol education programs. Moreover, you could be required to install an ignition interlock device, which can be both costly and inconvenient. Beyond these immediate penalties, a DUI conviction leaves a lasting mark on your criminal record, complicating future employment opportunities, housing options, and personal relationships. The emotional and psychological toll can also be significant, as increased insurance premiums and the loss of driving privileges add to the daily challenges. It’s important to remember that you are not alone in facing these difficulties.

How Thompson and Hiller Can Assist You

At Thompson and Hiller Defense Firm, we understand the stress and uncertainty that comes with DUI charges. Our compassionate and experienced attorneys are committed to standing by your side, providing you with the personalized attention and robust defense you deserve. We will meticulously investigate the details of your case, challenge any unlawfully obtained evidence, and craft a strategic defense tailored to your unique circumstances. Our mission is to protect your rights, minimize the impact on your life, and work towards the most favorable outcome possible. We believe in treating our clients with empathy and respect, ensuring you feel supported throughout the legal process.

Call Today for Your Free Case Consultation

If you or a loved one is facing DUI charges in South Carolina, don’t navigate this challenging time alone. Contact Thompson and Hiller Defense Firm today for a free, confidential consultation. We are here to listen to your concerns, answer your questions, and provide the dedicated legal support you need. Our team is ready to help you explore your options and fight for your future. Call us now to take the first step towards reclaiming control over your life.