A DUI is unpleasant and stressful. It helps to know what to expect and the penalties you could be facing. Though DUI’s exist in every state, the specifics of each state law can differ.
If you’re a South Carolina resident and you’ve recently gotten a DUI, we’re here to help. Here is everything you need to know about South Carolina DUI laws.
What Is a DUI?
DUI’s can be confusing. South Carolina defines a DUI as someone driving with a blood alcohol content of 0.08% or more. It also includes driving under the influence of any drug, intoxicant, or alcohol.
If an individual is under the influence of a drug while driving a motor vehicle, they’re considered impaired.
What Are the Criminal Penalties in South Carolina?
The criminal penalties for a DUI are harsh across the U.S., including in South Carolina. A first-time DUI offense usually involves a stiff fine, a suspended driver’s license, possible jail time, and community service.
You can get jail time for a first-time offense depending on the circumstances. You could get anywhere from 48 hours to 30 days in jail. For blood alcohol content between .10-.16%, the minimum jail time is 7 days. If you have a blood alcohol content of over .16%, you could go to jail between 30-90 days.
Depending on your blood alcohol content, you could pay anywhere from $400-$1000 in fines. Your driver’s license is usually suspended as well for around six months.
Judges usually require treatment for those convicted of a DUI, such as a specialized course. For South Carolina DUI laws, the course is the Alcohol and Drug Safety Action Program. Convicted individuals are usually required to also undergo alcohol and drug evaluations and complete recommended treatment.
If you get a first-offense DUI while driving a commercial vehicle, you’ll be disqualified from driving any commercial vehicles for one year. You can get convicted of a DUI with a commercial vehicle for a blood alcohol content of 0.04% or higher.
What Is Implied Consent?
Another aspect of DUI laws in South Carolina is implied consent. Implied consent refers to the part of the law that says any person driving a vehicle is considered to have given consent for testing breath, urine, or blood. This is to determine if an individual is under the influence of alcohol or drugs.
If you have no prior drug-related offenses and you refuse to submit to testing, you’ll face a 90-day driving suspension. The penalties increase if you have prior offenses.
If you’re in South Carolina and looking for a lawyer, look into a local choice. These lawyers can make a huge difference in cushioning your DUI penalties.
Now You Have an Overview of South Carolina DUI Laws
Though this information isn’t exhaustive, these are the most important things to know about South Carolina DUI laws. The best way to avoid getting a DUI is to never drink and drive. But, you can’t change the past, and if you’ve already been charged with a DUI, it’s time to take action.
The best way to reduce the penalties in your case is to hire a strong lawyer. Do your research, ask around, and read reviews. You won’t regret it!
And if you want to learn about more legal topics, check out the rest of our blog. We cover a wide variety of articles related to the law that you’ll love!
