South Carolina DUI & DWI
What Do Our DUI Attorneys Look For?
Requirements for a valid chemical test in Myrtle Beach DUI cases
Advisement from our Myrtle Beach DUI Lawyers:
In order for a chemical test to be allowable in court, the officer who desires it must inform the driver that if he or she refuses to take the test, their license to drive will be suspended for no less than 6 months, or 1 month if he or she decides to take the test and shows a BAC of at least 0.15. The fact that you refuse the test can be used against you in court. The Myrtle Beach police officer must also inform the driver of the right to get an independent test and the right to an administrative hearing inside 30 days.
Myrtle Beach DUI Procedures:
A breath test must be performed within 2 hours of the arrest, while any other test must be conducted within 3 hours. The breath test can only be completed by an approved operative of the testing device and only after the testing device has been given a control sample with an alcohol concentration of 0.08. In addition, the testing device varies from this result by no more than 0.004 in either way. Lastly, blood tests can only be performed by board-certified medical personnel. Our team of Myrtle Beach DUI attorneys knows which types of Chemical tests are used throughout South Carolina. The South Carolina State Law Enforcement Division (SLED) is obligated to grant all chemical testing devices for use in our state.
The BAC Datamaster is the only breath testing tool which has been approved in all of South Carolina. The Axelrod team of DUI attorneys in Myrtle Beach is here to assist in interpreting DUI alcohol tests in South Carolina. If a chemical test of a noncommercial driver’s blood, breath, saliva, or urine reveals a BAC of 0.05 or less, the driver is alleged to not be under the influence. This means that unless the driver is confirmed to have been under the influence by some evidence which is more influential than the test outcome, the driver will be considered not to have been under the influence. If the test reveals a BAC of at least 0.08, it is understood that the driver was under the influence. With the many laws and regulations concerning driver under the influence, finding experienced Myrtle Beach DUI attorneys is important for your case.
WE KNOW MYRTLE BEACH DUI LAW AND WILL HELP YOU TO UNDERSTAND IT TOO.
In Myrtle Beach and South Carolina, there are several ways to violate the impaired driving laws. Our DUI attorneys in Myrtle Beach have provided a general outline of the driving while intoxicated laws and dui consequences below. They have also provided you with some of what prosecutors must prove in order to convict you of committing a DUI in Myrtle Beach. Hiring an experienced Myrtle Beach DUI attorney immediately after your arrest is helpful in winning your case.
Axelrod knows the DUI consequences and variation in laws on local levels and can help you win your case. While basic driving while intoxicated laws apply to the entire state of South Carolina, enforcement of each of these laws vary in each county and city. Due to this inconsistency, Stuart Axelrod – a Myrtle Beach DUI attorney who is familiar with DUI cases in Myrtle Beach can help you win your case. Below are some of the most important rules and regulations regarding DUI.
If you have received a DUI or 2nd DUI in Myrtle Beach or South Carolina our Myrtle Beach DUI attorneys can educate you in DUI law and defend you from your charges.
South Carolina Operating Under the Influence Law
A driver whose ability to drive is “materially and appreciably” impaired by alcohol, other impairing substances, or both is guilty of operating under the influence. A driver who has a BAC of at least 0.08 within 2 hours of driving is guilty of “Operating with an unlawful alcohol concentration,” which is treated the same as Operating Under the Influence except that a driver can only be charged with one or the other in any one incident.
What Is South Carolina Felony DUI?
Any person who causes the death or serious injury of another person as a result of driving under the influence of alcohol, drugs, or both is guilty of Felony Driving Under the Influence.
Child Endangerment In South Carolina DUI Cases:
Any driver who commits a DUI offense in SC while a child under 16 is in the vehicle can be charged with Child Endangerment as well as the DUI offense itself. It is important to understand that regardless of whether you are charged with a felony or a misdemeanor, a South Carolina DUI charge is a serious crime and carries very serious penalties, as well as license suspensions.
DUI Penalties & Consequences
For every Myrtle Beach DUI conviction, there are mandatory penalties. That means that if you are found guilty, or if you plead guilty or no contest to your Myrtle Beach DUI charge, you will be subject to the fundamental penalty formation below. It is imperative to realize that every DUI case is different, and there may be good quality reasons why you would be a candidate for the minimum or maximum penalty. For this reason, it is important to consult with attorney, Stuart Axelrod.
Our team of Myrtle Beach DUI attorneys is experienced in handling DUI cases in South Carolina. Under the South Carolina DUI penalty statutes, the penalties that you might receive depend on quite a few factors. The most significant factors are 1) your alcohol level (BAC); and 2) whether you have prior Myrtle Beach DUI convictions, and if so, how many. Our team of DUI attorneys in Myrtle Beach has provided you some basics when it comes to sentencing scheme. By teaming with the Myrtle Beach DUI attorneys at Axelrod, you will learn what to expect in your case.
The sentencing scheme is as follows:
BAC < 0.10: If the driver’s BAC was above 0.08 but below 0.10, the driver will be fined $400 and sentenced to between 2 and 30 days in jail, but if the court uses the minimum 2 day sentence, it can allow the driver to serve 48 hours of community service instead. 0.10 < BAC < 0.16: If the driver’s BAC was above 0.10 but below 0.16, the driver will be fined $500 and sentenced to between 3 and 30 days in jail, but if the court uses the minimum 3 day sentence, it can allow the driver to serve 72 hours of community service instead. BAC > 0.16: If the driver’s BAC was above 0.16, the driver will be fined $1000 and sentenced to between 30 and 90 days in jail, but if the court uses the minimum 30 day sentence, it can allow the driver to serve 30 days of community service instead.
BAC < 0.10: If the driver’s BAC was above 0.08 but below 0.10, the driver will be fined between $2100 and $5100 and sentenced to between 5 days and 1 year in jail. 0.10 < BAC < 0.16: If the driver’s BAC was above 0.10 but below 0.16, the driver will be fined between $2500 and $5500 and sentenced to between 30 days and 2 years in jail. BAC > 0.16: If the driver’s BAC was above 0.16, the driver will be fined between $3500 and $6500 and sentenced to between 90 days and 3 years in jail.
BAC < 0.10: If the driver’s BAC was above 0.08 but below 0.10, the driver will be fined between $3800 and $6300 and sentenced to between 60 days and 3 years in jail. 0.10 < BAC < 0.16: If the driver’s BAC was above 0.10 but below 0.16, the driver will be fined between $5000 and $7500 and sentenced to between 90 days and 4 years in jail. BAC > 0.16: If the driver’s BAC was above 0.16, the driver will be fined between $7500 and $10,000 and sentenced to between 6 months and 5 years in jail.
Fourth Offense or greater:
BAC < 0.10: If the driver’s BAC was above 0.08 but below 0.10, the driver will be sentenced to between 1 and 5 years in jail. 0.10 < BAC < 0.16: If the driver’s BAC was above 0.10 but below 0.16, the driver will be sentenced to between 2 and 6 years in jail. BAC > 0.16: If the driver’s BAC was above 0.16, the driver will be sentenced to between 3 and 7 years in jail.
For more information about the sentence structure, please get in touch with our Myrtle Beach DUI attorneys at Axelrod & Associates today to learn more!
MYRTLE BEACH DUI ATTORNEYS WHO ARE FAMILIAR WITH THE DUI PROCESS AND DRIVING WHILE INTOXICATED LAWS
Why do you need a DUI attorney in Myrtle Beach to take you through this process? It is important to understand that different police agencies and courts have somewhat dissimilar processes throughout the state when it comes to driving while intoxicated or 2nd DUI consequences. It is very important to contact a local Myrtle Beach DUI lawyer like Stuart Axelrod in order to determine the exact court process your case will take. When a driver is stopped by a police officer for any reason in Myrtle Beach, the officer will commence looking for signs that the driver is potentially under the influence. These signs and symptoms might consist of indistinct speech, alcohol on the driver’s breath or clothing, or the results of a breathalyzer.
Myrtle Beach police officers may videotape the stop, sobriety test and record conversations between the officer and party that was pulled over. If the officer believes there is a legit reason to assume the driver is under the influence, the officer will more than likely conduct an arrest on the spot. After anyone charged with a crime in South Carolina is arrested, the police officers who arrest him or her are required to inform them of the charges and bring the defendant before a judge or magistrate. Normally, this must be done inside 48 hours of the arrest; however, there is an exception if the State can reveal that unusual or emergency conditions necessitate a longer time.
Unlike most states, the police in Myrtle Beach and South Carolina may not choose to release defendants who are charged with misdemeanor offenses or infractions with a citation. In its place, if the officer who stops a driver believes the driver has committed a DUI in Charleston, the officer will arrest the driver and bring him or her before a judge or magistrate. With numerous laws in place and rights you may know or not know you have, it is imperative you find Myrtle Beach DUI attorneys like Axelrod to assist you in the DUI process.
WE ARE MYRTLE BEACH DUI ATTORNEYS AWARE OF DUI SUSPENSION LAWS
In addition to the criminal charges that go beside a Myrtle Beach DUI arrest, there are also possible civil license penalties. It is imperative to comprehend that the civil suspension issues are separate, and that a hearing must be requested inside 30 days.
Our team of DUI attorneys in Myrtle Beach has compiled information below regarding suspensions hearings in our city and state. If you request a hearing, it must be performed within 30 days. The reason for the hearing is to find out whether the driver was legally or illegally arrested, informed of their rights, consequences of refusing a test and whether the test was conducted in the correct and lawful manner. In addition, if the driver did reject the test from the officer.
If the hearing officer does not re-establish the driver’s license, it will continue to be suspended as follows:
First suspension: If the driver has not had his or her license suspended for at least 10 years, it will be suspended for 6 months if the driver refused the test and for 1 month if the driver took the test and had a BAC of at least 0.15.
Second suspension: If the driver has had his or her license suspended once in the last 10 years, it will be suspended for 9 months if the driver refused the test and for 2 months if the driver took the test and had a BAC of at least 0.15.
Third suspension: If the driver has had his or her license suspended twice in the last 10 years, it will be suspended for 12 months if the driver refused the test and for 3 months if the driver took the test and had a BAC of at least 0.15.?Fourth suspension or more: If the driver has had his or her license suspended at least 3 times in the last 10 years, it will be suspended for 15 months if the driver refused the test and for 4 months of the driver took the test and had a BAC of at least 0.15. Source: South Carolina Code of Laws Title 56 (Motor Vehicles) 56-5-2951