All states in the US have laws against drinking while intoxicated, also known as DUI laws. These laws provide definitions and prescribe penalties for convicted offenders.
So, if you have been arrested for DUI in South Carolina, you may be interested in understanding the state’s DUI laws, potential criminal penalties for your charge, and how you can improve your outcomes. This guide can help answer these questions, so keep reading to learn more.
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What Is DUI under South Carolina Law
DUI stands for driving under the influence, a criminal offense in South Carolina. A person is guilty of DUI if they are driving a vehicle while having a blood alcohol content (BAC) of 0.08 percent or above.
This limit applies only to private drivers aged over 21. For commercial license drivers and drivers aged under 21, the limits are 0.04 and 0.02 percent, respectively.
DUI is not limited to alcohol intoxication. You can also face a DUI charge for driving under the influence of illicit drugs and other intoxicants, including prescription medication.
What Happens During and After a DUI Stop
“The police must have reasonable suspicion to pull you over. If they do not start from a reasonable suspicion, you can challenge your case from that angle. Even if there is reasonable suspicion for a traffic stop, law enforcement must conform to the statute to properly collect evidence of the DUI.” says Greenville DUI lawyer Christopher L. Jones.
In most cases, the police will stop you if they notice erratic behavior on the road or are notified about a driver’s behavior. They could also stop you for another violation only to realize you have consumed alcohol or other substances, for example, through smell.
If law enforcement suspects you are under the influence of drugs or alcohol, they can ask that you perform a field sobriety test so they can look for indicators of impairment. However, you are not obligated to participate in the field sobriety tests, and in most cases you should politely decline. The statute specifically states you are not violating a law by refusing to participate in field sobriety tests. In most cases, you will be asked to take a breathalyzer test as well. However, you can, and typically should, refuse to take the breathalyzer test as well.
Penalties for DUI
Penalties for a DUI conviction vary based on the level of intoxication and the individual’s prior convictions for DUI. Penalties for a first-time offender with a BAC of less than 0.10 percent include 48 hours to 30 days in jail and fines of up to $400.
If you have a BAC of 0.16 percent or more, penalties prescribed under South Carolina law include 30 to 90 days in jail, or a $1,000 fine, and up to 1 year of license suspension.
The second convictions, depending on your level of BAC, carry prison sentences of up to three years and fines as high as $6,500.00. A third conviction is a felony, depending on your BAC level, could carry as much as 5 years in prison, and a find of $7,500.00.
Get Legal Help
You have a right to legal representation, which means the court will assign you a lawyer if you can’t afford one. However, the public defender may not offer you the best representation because of their heavy workload, and they may not have much of a reputation to protect.
When picking a lawyer, pay attention to two main things: their experience and geographical region. For example, if you are facing charges in Greenville, a Greenville DUI lawyer will be best placed to handle your charge because of their insight into local laws and the local justice system.
