DUI

In South Carolina, driving under the influence of alcohol, prescription drugs or illegal drugs that impairs driving ability is illegal. A blood alcohol content (BAC) of .08% or higher determines DUI charges. Under South Carolina Zero Tolerance law, anyone under the age of 21 driving with a BAC of .02% or higher will be charged with a DUI.

DUI Offenses

1st Offense - fine of $400; minimum imprisonment for up to 48 hours/48 hours of public service; maximum jail time 30 days
2nd Offense - fines of $2,000 up to $5,000 with no suspension of fine under $1,000; minimum imprisonment for 5 days/30 days of public service; maximum imprisonment up to 1 year
3rd Offense - fines of $3,800 up to $6,300; imprisonment for at least 60 days with maximum of 3 years in prison
4th or higher offense - felony DUI with minimum sentencing of one year and maximum of 5 years in prison.

Other Felony DUI Charges

If convicted of a felony DUI where significant bodily harm to another resulted, fines range from $5,000 to $10,000; 30 day mandatory imprisonment with maximum prison time up to 15 years;
If the DUI resulted in death, fines are from $10,000 to $25,000 and imprisonment from 1 year to 25 years.

In addition to the above penalties, the court may order ignition interlock devices placed on vehicles driven by the convicted driver for a specified period of time. The ignition interlock device measures BAC and prevents the car from starting if the driver tests positive for BAC.

Implied Consent Laws

Under South Carolina law, by driving a vehicle you are implying consent to submit to a breath, blood or urine alcohol test for drunk driving. If you are charged with drunk driving, the police officer must inform you of your right to refuse to take the chemical test for BAC. You are also afforded the right to take a blood or urine alcohol test whether you submit to the breath test or not. You must pay for the additional testing, and the arresting officer is required by law to assist you in obtaining the testing at a facility that provides urine or blood testing.

License Suspension

You will receive a notice of license suspension if you:

Refuse to take a breath, blood or urine test
Your BAC is .15% or higher
Zero Tolerance applies - you are an underage driver with .02% BAC or higher

You have 10 days from the date of notice to enroll in the South Carolina Alcohol and Drug Safety Action Program to request a consent hearing. If you fail to do so, your license suspension will go into effect as uncontested.

Videos

South Carolina is unique in its requirement of mandatory videotaping for DUI, and is the only state where police officers must begin videotaping as soon as the officer activates the flashing blue lights on the police car. Arrest for DUI charges must include reading Miranda rights before administering field sobriety tests. Breath test administration also must be videotaped.

At the Law Office of Irby E. Walker, our lawyers are very experienced in defending clients in DUI cases, and whenever possible work to have charges dropped if rights have been violated. When appropriate, we also work to obtain other alternatives to jail such as rehabilitation treatment.

To arrange a consultation to speak with one of our lawyers about your DUI charges, please email or call our office at 843-248-4481.