DUI Reference Guide

South Carolina DUI Laws

South Carolina drivers are not allowed to drive if they are intoxicated trough the use of alcohol and/or any type of drugs, even those that are legal.  Arrests can be made for a DUI even if a person does not have a blood alcohol content that is at or above 0.08%.  However, in order to prosecute someone for DUI, the court must prove that the person was intoxicated to a state of impairment that made him or her unable to drive safely.  A DUI defense lawyer can attempt to create doubt as to whether or not a person was impaired physically and/or mentally to such a state that they were unable to drive in a safe manner. 

Implied consent is also used in South Carolina.  Driving is considered a privilege and as such drivers have certain responsibilities.  They are to be willing to provide a chemical sample to test for alcohol or drugs in their bloodstream.  Drivers can, however, refuse the test.  They can also ask to take one of the other tests if the officer asks them to take a breath test.

South Carolina has implemented a bit of a unique approach to DUI arrests.  They actually record the arrest.  The entire process of the breath testing must be videotaped as well.    The tape must include the reading of Miranda Rights.  In addition, the reading of the implied consent for breath testing must be recorded.  Breath testing and the recording of the testing process including the waiting period must occur before three hours have passed.  If this does not happen, they videotape might be deemed inadmissible. 

Depending upon a person’s blood alcohol content when they are arrested, they could have an automatic suspension of license.  First time offenders face a 30-day suspension and second time offender face a 60-day suspension.  This usually occurs for people who had a BAC at or above 0.08%.  This would occur even before a person has a court case to determine if they are in fact, guilty of DUI.  For those convicted, they will also face license suspensions at that time as well. 

First time offenders can be sentenced to jail for 48 hours or a maximum of 30 days in prison.  Fines can be $400.  Community service is sometimes given in lieu of spending time in prison.  Second time offenders can pay fines of a great deal more with amounts ranging from $2000-$5000.  Jail time can be as much as one year and will be a minimum of 5 days unless a person is sentenced to 30 days of community service in place of jail time. 

Second time offenders will serve as much as on year in prison or a minimum of five days.  However, at times a person can perform community service for 30 days in lieu of mail time.  People must pay at least $1000 in fines.  Fines can reach at least $5000. 

Third time offenders can serve as much as three years in prison.  They can be sent to prison for at least 60 days.  Fines can reach as high as $6,300 with a $3800 minimum.  Fourth time offenders are charged with a felony.  They will be imprisoned as long as five years and must be in jail for at least one year. 

There are also cases in which a person who is arrested for a DUI will be charged with a felony.  This can occur on fourth time offenses and will occur when a person was under the influence and this resulted in an accident that caused serious injury to others.  Jail time can be as much as 15 years.  There are many sentences in between but a sentence will be at least 30 days.  Fines can be as high as $10,000.  If an accident was fatal, a person can be in jail as much as 25 years and will probably be sentenced to a minimum of a year.

Those arrested for a DUI can also experience a license suspension.  They can have their license revoked for a period of time after their conviction.  However, those who are caught with a BAC at or above 0.08% will also lose their license before their court case.  First time offenders lose driving rights for 30 days as opposed to 60 days for second time offenders.  In some cases people will have some driving privileges such as those to and from work.

It is critical that anyone arrested for a DUI, seek the help of an attorney. Search attorney directories online or telephone directories to find lawyers specializing in DUI cases.  They can help a person to create doubt at their court case as to whether or not a person was actually impaired when they were driving.  They can also work to cast doubt as to the validity of any chemical testing used.