Arrested For DUI South Carolina

What can you expect if you’ve been arrested for DUI in South Carolina?

There are generally two parts to every DUI case that an experienced DUI lawyer will be able to help you navigate: 1) The Criminal Element, 2) The License Suspension and Administrative Hearing.

South Carolina DUI

THE CRIMINAL ELEMENT

If you are charged and arrested with a DUI in South Carolina, the punishment that you could potentially face is based on two factors: 1.) Your level of blood alcohol concentration (“BAC”), 2.) Whether you have any prior DUI/DUAC charges within a ten (10) year period.

The following chart is an outline of the potential penalties that you could face based on those two factors.

Charge BAC Penalty
DUI / DUAC

1st Offense

(misdemeanor)

BAC < .10% $400 fine or at least 48 hours to 30 days jail (48 hour minimum may be served via public service)
DUI / DUAC

1st Offense

(misdemeanor)

BAC .10 – .15% $500 fine or at least 72 hours to 30 days jail (72 hour minimum may be served via public service)
DUI / DUAC

1st Offense

(misdemeanor)

BAC > .15% $1000 fine or at least 30 to 90 days jail (30 days minimum may be served via public service)
DUI / DUAC

2nd Offense

(misdemeanor)

BAC < .10% $2100 to $5100 fine AND 5 days to 1 year jail (may be suspended to no less than $1100)
DUI / DUAC

2nd Offense

(misdemeanor)

BAC .10 – .15% $2500 to $5500 fine AND 30 days to 2 years jail (may be suspended to no less than $1100)
DUI / DUAC

2nd Offense

(misdemeanor)

BAC > .15% $3500 to $6500 fine AND 90 days to 3 years jail (may be suspended to no less than $1100)
DUI / DUAC

3rd Offense

(misdemeanor)

BAC < .10% $3800 to $6300 fine AND 60 days to 3 years jail
DUI / DUAC

3rd Offense

(misdemeanor)

BAC .10 – .15% $5000 to $7500 fine AND 90 days to 4 years jail
DUI / DUAC

3rd Offense

(misdemeanor)

BAC > .15% $7500 to $10,000 fine AND 6 months to 5 years jail
DUI / DUAC

4th or Subsequent

(felony)

BAC < .10% 1-5 year incarceration
DUI / DUAC

4th or Subsequent

(felony)

BAC .10 – .15% 2-6 years incarceration
DUI / DUAC

4th or Subsequent

(felony)

BAC > .15% 3-7 years incarceration

THE LICENSE SUSPENSION AND ADMINISTRATIVE HEARING

S.C. Code § 56-5-2950 outlines South Carolina’s implied consent law and states, “A person who drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs or the combination of alcohol and drugs if arrested for an offense arising out of acts alleged to have been committed while the person was driving a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs.”

The suspension of your license will be dependent on the following: 1.) Whether you submit or refuse to provide a breath sample and 2.) the number of prior DUI/DUAC offenses on your driving record from the previous 10 years.

A refusal to provide a breath sample will result in the suspension of your license for an amount of time between 6 and 15 months, again dependent on whether you have any prior DUI/DUAC convictions. If you do choose to provide a breath sample, the higher the breath sample you provide, then the longer the period of suspension for your license. However, all suspensions can be challenged at an administrative hearing if properly requested within a certain timeframe of your arrest date.

WHAT DOES TO DO IF YOU GET ARRESTED FOR DUI IN SOUTH CAROLINA

If you’ve been arrested for DUI, it is to your advantage to hire an experienced and successful DUI attorney. The DUI laws in South Carolina are written in a manner that requires law enforcement to follow very strict rules during the arrest procedure. It is possible that if these rules were not properly followed, then you could have a successful challenge to your DUI arrest. This is all the more reason to hire a firm that can properly handle your case.

Call West Law Firm now 843-761-5626.

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