Have you been charged with a DUI South Carolina? State DUI laws can be confusing. If you live in South Carolina and are charged with driving under the influence, it is important that you know the facts and the alcohol laws and drug laws surrounding this crime. A DUI is a very serious offense no matter where you are located, but it is very important that you know the specific alcohol laws and drug laws of the state you are in.
Similar to most other states in the United States, it is illegal to drive with a blood alcohol content of .08% or higher in the state of South Carolina. Many people don’t realize that just consuming one or two drinks can raise your blood alcohol content to over the legal limit. To be safe, you should not drive after you have had anything to drink. Make sure you have a designated driver for the night, or take a cab to and from wherever it is you will be consuming alcohol to avoid a dui South Carolina takes this situation very seriously.
It is also important to note that if you are under the age of 21 and are pulled over for a suspected DUI, the drunk driving law states that you can be charged with a dui/dwi if your blood alcohol content is .02% or higher.
Another very important law in South Carolina is the implied consent law. This law states that anyone who is driving in South Carolina automatically consents to a chemical test of their blood, breath, or urine if they are detained by an officer for suspected drunk driving.
This dwi law is different from many other states when you are suspected of a DUI
South Carolina basically interprets a refusal to submit a urine or blood test or a breathalyzer as an admission of guilt. Anyone suspected of a DUI South Carolina who refuses to submit to one of these tests will have their drivers license suspended for at least 90 days. Additionally, you can still be convicted of a DUI charge if the officer is able to convince the court that you were in fact driving under the influence. Alcohol laws aside, driving under the influence of any other controlled substance, such as marijuana, cocaine, inhalants and other intoxicating substances, is also illegal.
Listed below is a breakdown of the penalties that you will receive if you are convicted of a DUI South Carolina.
The first time you are convicted of a DUI, South Carolina can suspend your license for 6 months, fine you from $400-$500, order you to perform anywhere from 48 hours to 72 hours of public serviceemployment, and put you in jail for a minimum of 48 hours, to a maximum of 30 days. These penalties will be implemented if your blood alcohol content is under .16%.
If your blood alcohol content is above .16%, for a first offense, your license will be suspended for 6 months, you will be fined $1000, you will be ordered to do 30 days of public service employment, and you will be put in jail for anywhere from 30 days to 90 days.
The second time you are convicted of a DUI South Carolina will suspend your license for 1 year, fine you from $2100-$6500, and put you in jail for a minimum of 5 days and a maximum of 3 years.
The severity of your penalties will depend on your blood alcohol content. If your blood alcohol content was under .10 %, the maximum jail penalty is 1 year. If it is between .10%-.16%, the maximum jail penalty is 2 years. If your blood alcohol content is above .16%, the maximum jail penalty is 3 years.
The third time you are convicted of a DUI, South Carolina will suspend your license for 2 years, fine you from $3800-$10,000, and put you in jail for a minimum of 60 days to a maximum of 5 years. If your blood alcohol content is under .10%, the maximum jail penalty is 3 years. If it is between .10%-.16%, the maximum jail penalty is 4 years. If your blood alcohol content is above .16%, the maximum jail penalty is 5 years.
If you are convicted of a 4th DUI, South Carolina will revoke your license permanently, put you in jail for a minimum of 1 year and a maximum of 7 years. If your blood alcohol content is below .10%, the maximum jail time is 5 years. If your blood alcohol content is between .10%-.16%, the maximum jail time is 6 years. If it is above .16%, the maximum jail time is 7 years.
The minimum penalties for all DUIs in South Carolina are mandatory, meaning for your 1st DUI, your license will definitely be suspended and you will definitely have to pay fines. For your first conviction, you are able to perform community service in lieu of jail time.
For all of the following DUI convictions, community service can no longer be served in lieu of jail time. This means that for your 2nd DUI conviction, you must spend 5 days in jail, for your 3rd DUI conviction, you must spend 60 days in jail, and for your 4th DUI conviction, you must spend 1 year in jail. No judge in South Carolina can decide to give you a lesser sentence, as these minimum sentences are mandatory. Just like other states in the United States, South Carolina takes DUI convictions very seriously.
If you are convicted of more than one DUI, South Carolina can also install an ignition interlock device in your vehicle. It is basically a breathalyzer that has to be blown into before you can start your vehicle. If it detects alcohol above the appropriate limit, the engine of your car will not start. Keep in the mind that the driver of the vehicle pays for the installation of this device (approximately $100, as well as a monthly fee of $50-$100) under the state dui laws.
While it is probably not a good idea to refuse to submit to a sobriety test of any kind, it is very important that after you are charged with a DUI, you contact a lawyer immediately. Listed below is information to help you find a DUI South Carolina Attorney nearest to where you were charged with this crime.