SC DUI Penalties: What You Need to Know

Driving under the influence (DUI) is a serious offense in South Carolina, with penalties designed to deter impaired driving and ensure public safety. If you’ve been charged with a DUI, understanding the legal consequences is essential to making informed decisions about your case. At Thompson & Hiller Defense Firm, we provide strong legal representation for those facing DUI charges in Columbia, Myrtle Beach, and surrounding areas.

South Carolina’s DUI Penalty Structure

South Carolina has a tiered penalty structure for DUIs based on the offender’s blood alcohol concentration (BAC) and prior convictions. Penalties escalate with higher BAC levels and repeat offenses. Here’s a breakdown of what to expect:

 First DUI Offense

– BAC Below 0.10%:
– Fine: Up to $400.
– Jail Time: 48 hours to 30 days.
– License Suspension: Six months.

– BAC Between 0.10% and 0.15%:
– Fine: Up to $500.
– Jail Time: 72 hours to 30 days.
– License Suspension: Six months.

– BAC Above 0.15%:
– Fine: Up to $1,000.
– Jail Time: 30 to 90 days.
– License Suspension: Six months.
– Ignition interlock device (IID) installation is required.

Second DUI Offense

– BAC Below 0.10%:
– Fine: $2,100 to $5,100.
– Jail Time: Five days to one year.
– License Suspension: One year.

– BAC Between 0.10% and 0.15%:
– Fine: $2,500 to $5,500.
– Jail Time: 30 days to two years.
– License Suspension: One year.

– BAC Above 0.15%:
– Fine: $3,500 to $6,500.
– Jail Time: 90 days to three years.
– License Suspension: Two years.
– IID installation required.

Third DUI Offense

– BAC Below 0.10%:
– Fine: $3,800 to $6,300.
– Jail Time: 60 days to three years.
– License Suspension: Two years.

– BAC Between 0.10% and 0.15%:
– Fine: $5,000 to $7,500.
– Jail Time: 90 days to four years.
– License Suspension: Four years.

– BAC Above 0.15%:
– Fine: $7,500 to $10,000.
– Jail Time: Six months to five years.
– License Suspension: Permanent revocation (appeal possible).
– IID installation required.

Fourth DUI Offense (Felony DUI)

– Penalties:
– Fine: Determined by the court.
– Jail Time: One to seven years.
– License Suspension: Permanent revocation.

Enhanced Penalties for DUI with Aggravating Factors

Certain factors can significantly increase DUI penalties in South Carolina, including:
– DUI with a Minor Passenger: Additional fines up to $10,000 and jail time.
– DUI Resulting in Serious Injury or Death: Felony DUI charges with mandatory minimum sentences and steep fines.
– Refusing a Breath Test: Automatic six-month license suspension under South Carolina’s implied consent laws.

Administrative Penalties and the Ignition Interlock Device Program

In addition to criminal penalties, DUI convictions often come with administrative consequences:
– License Suspension: Offenders must enroll in the Alcohol and Drug Safety Action Program (ADSAP) to reinstate their license.
– Ignition Interlock Devices (IID): Required for high BAC offenders and repeat DUI convictions. Drivers must pay for installation and monitoring.

Understanding Implied Consent in South Carolina

South Carolina law mandates that drivers suspected of DUI submit to BAC testing. Refusing the test leads to automatic penalties, including:
– First Refusal: Six-month license suspension.
– Second Refusal: Nine-month license suspension.
– Third Refusal: Permanent revocation.

Defending Against DUI Charges

A DUI charge doesn’t automatically mean conviction. Effective defenses can challenge the prosecution’s evidence and reduce or dismiss charges. Common defense strategies include:
– Challenging the Traffic Stop: Was there probable cause for the stop?
– Disputing Field Sobriety Tests: Were tests administered correctly?
– Questioning BAC Test Accuracy: Were testing devices calibrated properly?
– Medical Conditions: Could a medical condition have affected BAC results or test performance?

Why Choose Thompson & Hiller Defense Firm?

At Thompson & Hiller Defense Firm, we understand the impact a DUI charge can have on your life. Our experienced legal team has successfully defended clients across Columbia, Myrtle Beach, and surrounding areas. We provide:
– Comprehensive Legal Analysis: Reviewing every detail of your case.
– Aggressive Defense Strategies: Protecting your rights and minimizing penalties.
– Personalized Support: Guiding you through the legal process with care and experience.

Facing DUI Charges? Contact Us Today

If you’re facing DUI charges in South Carolina, time is critical. The sooner you contact an attorney, the better your chances of a successful outcome. Thompson & Hiller Defense Firm is here to fight for you. Call us today to schedule a consultation and take the first step toward protecting your future.