South Carolina DUI Laws and Penalties – All You Need to Know

The law treats DUIs seriously. A conviction can carry serious consequences, even for first offenses. Just because you’ve been charged, though, doesn’t mean a conviction is assured. There are a variety of defenses against DUI charges. However, it’s not advisable to attempt to defend yourself since a strong defense requires a nuanced understanding of the law and technical matters of DUI procedure. Your strongest defense can be made with the help of a DUI Attorney in Myrtle Beach, SC.

What Is a DUI?

There are a few different ways, beyond just a blood alcohol content (BAC) threshold, in which you can be charged with a DUI in South Carolina. DUI charges can be made if:

• The driver’s BAC is 0.08% or higher. This is a “per se DUI,” and it can be charged regardless of the driver’s actual level of impairment.
• The driver is operating a commercial vehicle with a BAC of 0.04% or higher.
• The driver is under the influence of alcohol.
• The driver is under the influence of drugs or another intoxicant.

“Under the influence” in these circumstances means that the driver’s faculties to operate a motor vehicle are materially and appreciably impaired. To be guilty of driving “under the influence of alcohol” in this sense requires that the driver’s BAC be between 0.05% and 0.08%, as anything lower than 0.05% is presumed to be innocent.

DUI Penalties

Penalties for a DUI in South Carolina are generally determined by the level of BAC that a driver had, along with the number of prior offenses they have had in the past ten years. The penalties are:

• 1st Offense – Six-month license suspension
  • BAC < 0.10 – Either a $400 fine or 2-30 days in jail
  • BAC 0.10 – 0.16 – Either a $500 fine or 3-30 days in jail
  • BAC > 0.16 – Either a $1000 fine or 30-90 days in jail
• 2nd Offense – One-year license suspension
  • BAC < 0.10 – $2,100-$5.100 fine and five days to one year in jail
  • BAC 0.10 – 0.16 – $2,500-$5,500 fine and 30 days to two years in jail
  • BAC > 0.16 – $3,500-$6,500 fine and 90 days to three years in jail
• 3rd Offense – Two-year license suspension
  • BAC < 0.10 – $3,800-$6,300 fine and 60 days to three years in jail
  • BAC 0.10 – 0.16 – $5,000-$7,500 fine and 90 days to four years in jail
  • BAC > 0.16 – $7,500-$10,000 fine and six months to five years in jail
• 4th Offense – Permanent license revocation
  • BAC < 0.10 – One to five-year prison sentence
  • BAC 0.10 – 0.16 – Two to six-year prison sentence
  • BAC > 0.16 – Three to seven-year prison sentence

DUI Felony

If the DUI leads to an accident that results in severe injury or the death of someone else, then it will be charged as a felony. If the DUI led to only severe injury, then the punishment is a mandatory fine of $5,100-$10,100 and a 30-day to 15-year prison sentence. If the DUI led to death, then the punishment is a mandatory fine of $10,100-$25,100 and a one to 25-year prison sentence.

FAQs

Q: What Is the Penalty for a DUI in South Carolina?

A: The penalties for a DUI in South Carolina can include fines, community service, license suspensions, an ignition interlock device, and jail time. The penalties are determined based on a variety of factors, including the number of prior DUIs in the last ten years, the blood alcohol content, and the severity of the injury. On the low end, a first offense with a blood alcohol content can result in a $400 fine and a six-month license suspension. On the high end, a fourth offense with a blood alcohol content over 0.16% and an accident that results in someone’s death could result in permanent license revocation, a fine up to $25,100, and 25 years in prison.

Q: What Is the Fourth Offense for DUI in SC?

A: A fourth DUI offense within a ten-year period is an automatic felony. The first three offenses in a ten-year period are considered misdemeanor charges. The one exception to that is in the case where the DUI results in an accident that causes someone to be seriously injured or killed. If that occurs, then the DUI charge will be a felony regardless of prior offenses.

Q: What Is the Legal Limit for DUI in South Carolina?

A: In South Carolina, any blood alcohol content (BAC) at or above 0.08% is considered a DUI, regardless of whether or not a driver’s ability is impaired or not. It is a “per se” DUI. The same is true if the driver is operating a commercial vehicle and has a BAC of 0.04% or higher. If the BAC is between 0.05% and 0.08%, and the driver’s ability to operate their vehicle is impaired, then they may also be charged with a DUI. It’s important to realize, though, that not only alcohol can result in a DUI charge. If an officer determines that your driving is impaired by any drug or intoxicant, that may also result in DUI charges.

Q: How Can I Defend Against a DUI Charge in South Carolina?

A: There are a few different ways you can challenge a DUI charge in South Carolina. Of course, there is always the possibility that you can challenge on the grounds that your constitutional rights were violated if there is evidence of that. The same is true if it can be shown that the police made procedural errors in your arrest. Some DUI-specific challenges include:

• The presumption of innocence if your BAC was below 0.05%
• Challenging the legitimacy of the breath or blood test
• Suchenski defenses, which describe mandatory videotaping that police officers are required to perform during a traffic stop and DUI investigation

Don’t Defend Yourself Against DUI Charges Alone

Defending yourself against a DUI charge is a serious undertaking. The consequences can be significant, and you want to know you are exhausting every possible option to avoid a conviction. You need a legal team that is thorough, seasoned, and understanding of the nuances of DUI cases. If you need that kind of help with your DUI case, contact us at Axelrod & Associates, P.A., today.