| South Carolina DUI Law | | | | serving 48 hours of jail time. For a second offense |
| Operating a motor vehicle while under the influence of | | | | conviction, you can be fined anywhere from $2,000 to |
| alcohol or controlled substances is against the law in | | | | $5,000 and be sentenced to jail time of 5 days to one |
| the state of California. This means that, if you are | | | | year. Instead of serving jail time, you may be |
| caught driving under the influence, you will face criminal | | | | sentenced to 30 days of community service. If you |
| charges that have serious consequences. If you have | | | | are convicted of a third DUI offense, you can be |
| an extreme blood alcohol level or if you have prior | | | | penalized by fines of $3,800 to #6,400 and jail time of |
| convictions for this type of offense, the penalties will | | | | 60 days to 3 years. If you are then convicted of a |
| increase substantially. Because these penalties have | | | | fourth offense, you will face one year of prison time |
| the power to take away your freedom, your driving | | | | up to five years of prison time. Fourth offenses are |
| privileges, and your good reputation, you need to | | | | considered to be felony DUI offenses. If you caused |
| contact a South Carolina DUI lawyer immediately after | | | | bodily injury to another person while committing a DUI |
| your arrest. Having the benefit of an experienced | | | | offense, you will face fines of $5,000 to $10,000 and a |
| South Carolina DUI attorney on your team can give | | | | mandatory 30 days in jail. This sentence can be |
| you the best chance for successfully defending | | | | anywhere from 30 days to 15 years at the discretion |
| yourself against serious DUI charges. | | | | of the court. If your DUI offense caused the death of |
| South Carolina DUI Arrest and Prosecution | | | | another person you will be fined between $10,000 and |
| South Carolina is very advanced in its DUI laws | | | | $25,000 and will be imprisoned for one year up to 25 |
| because the state requires law enforcement officers | | | | years. The court may choose to impose an ignition |
| to videotape every arrest for driving under the | | | | interlock device penalty on any offender. |
| influence. The videotaping must start as soon as the | | | | Driver's License Consequences |
| officer activates his or her lights and makes an | | | | There are also consequences concerning your driving |
| attempt to stop a driver. The videotape must include | | | | privileges if you are convicted of driving under the |
| specific events such as the reading of the driver's | | | | influence in South Carolina. One of the penalties occurs |
| Miranda rights, the officer informing the driver that he | | | | if you have refused chemical testing. The laws in |
| or she can refuse testing, and the actual breath test if | | | | South Carolina make it so that just by driving a vehicle |
| one is conducted. While videotaping the arrest of a | | | | in the state means you are implying your consent for |
| suspected DUI offender can help prosecutors prove a | | | | chemical testing. If you are stopped and asked to |
| case, this method can also give South Carolina DUI | | | | submit to chemical testing, you must do so. However, |
| lawyers the ammunition they need to have the | | | | you have the right to have independent testing done |
| charges dismissed. A skilled South Carolina DUI | | | | after the law enforcement officers complete their own |
| attorney will be able to review this videotaped | | | | testing. Law enforcement officers are required by law |
| evidence and notice if any of the required elements | | | | to help you obtain an independent test by transporting |
| are missing or if the arrest was conducted improperly. | | | | you to a facility where the test can be performed or |
| If your attorney finds this to be the case, he or she | | | | helping you obtain contact information needed to |
| can attempt to have the charges against you dropped. | | | | schedule a test. Having a qualified South Carolina DUI |
| Once charges have been filed against you, the | | | | lawyer represent you can help you to use your |
| prosecutor in your case will try to prove that your | | | | independent test to your advantage. If the state test |
| consumption of alcohol impaired your physical or | | | | and the independent test vary greatly from one |
| mental abilities to a level that you could not operate | | | | another, your attorney may be able to show that the |
| your vehicle safely. Because this is a criminal offense, | | | | state's test is invalid due to improper test procedures |
| the prosecutor must prove that you were impaired | | | | or other reasons. |
| beyond a reasonable doubt. If the prosecutor is able to | | | | If you are arrested for DUI in South Carolina, you may |
| prove your impairment and you are convicted, you will | | | | not face a pre-conviction license suspension. However, |
| face a number of possible penalties. These penalties | | | | having a BAC of 0.08% or greater changes this |
| are enhanced if your blood alcohol concentration level | | | | situation and puts a pre-conviction suspension into |
| was 0.08% or higher at the time of testing, if you have | | | | effect. If it is your first offense, your license will be |
| more than one DUI conviction within a ten year period, | | | | suspended for thirty days and if it is your second |
| and if you have any convictions in other states. | | | | offense, your license will be suspended for 60 days. |
| South Carolina DUI Criminal Penalties | | | | You may be able to get a restricted license that will |
| The criminal penalties for driving under the influence in | | | | allow you to maintain employment and travel to and |
| South Carolina increase with each subsequent offense | | | | from necessary locations. Contacting a South Carolina |
| and can be enhanced if specific circumstances are | | | | DUI lawyer immediately after your arrest can help you |
| met. Penalties for a first offense conviction are a fine | | | | to preserve your rights and may even help you retain |
| of $400 and 48 hours of jail time up to 30 days of jail | | | | your driving privileges, so contacting a qualified |
| time. The judge in your case may choose to have you | | | | professional can be of great benefit to your case. |
| perform 48 hours of community service in lieu of | | | | |