Dillon DUI Lawyer

Dillon DUI Attorney

A DUI can be a frightening charge to be faced with. The penalties can be varied and impact significant portions of your life, but a good Dillon DUI lawyer can help you with a formidable defense.

Even if you manage to avoid significant jail time, other punishments, like a license suspension, could make maintaining employment a challenge. It’s important to recognize, though, that charges don’t equal a conviction, and you will have the opportunity to defend against the accusations that you are facing. The burden of proof is on the prosecution, and a strong defense can effectively defeat their case.

At Axelrod & Associates, P.A., our experience in defending against DUI charges could be crucial for your situation.

Criteria for DUI in South Carolina

A DUI is charged when someone’s ability to safely operate a motor vehicle is impaired by the presence of alcohol or another intoxicant in their system. This could be assessed in a few different ways, though the most common means is through a test that measures someone’s blood alcohol concentration, or BAC. These tests are often administered by officers when a driver is pulled over, and because South Carolina is an implied consent state, it is illegal to refuse to take them.
The criteria for a DUI in the state include:

• A BAC of at least 0.08% for any driver who is at least 21 years of age
• A BAC of at least 0.04% for anyone who is driving commercially at the time they were pulled over
• Any detectable BAC for anyone under the age of 21 as a result of South Carolina’s zero-tolerance policy
• If a drug of any kind, whether a controlled substance, prescription medication, or over-the-counter medication, is causing impairment in someone’s driving
• A DUI could also be charged if an officer notices impairment, regardless of the amount of alcohol present in a person’s system

Penalties for DUI in South Carolina

Penalties for DUIs in South Carolina are composed of a number of different elements. These are determined based on a variety of different factors. The most impactful, in terms of determining a minimum sentence, is whether this was a repeat offense or a first offense, along with the level of BAC that was discovered. There are also a number of different penalties that can be imposed, including:

• License suspensions or revocations
• Fines
• Jail time
• Community service
• Installation of an ignition interlock device

Having multiple DUIs in ten years can result in multiple DUI sentencing. After ten years, a DUI is not considered for sentencing purposes.

1st Offense

This is considered a misdemeanor, with minimum penalties that include:

• For a BAC Under 0.10% – A six-month license suspension, a $400 fine, and/or 2-30 days in jail
• For a BAC Between 0.10% and 0.16% – A six-month license suspension, a $500 fine, and/or 3-30 days in jail
• For a BAC Over 0.16% – A six-month license suspension, a $1000 fine, and/or 30-90 days in jail

It is possible that a first offense could result in community service time in place of a fine or jail time if the court so wishes.

2nd Offense

This is a misdemeanor, and minimum penalties include:

• For a BAC Under 0.10% – A one-year license suspension, a $2100-$5100 fine, and five days to one year in jail
• For a BAC Between 0.10% and 0.16% – A one-year license suspension, a $2500-$5500 fine, and 30 days to two years in jail
• For a BAC Over 0.16% – A one-year license suspension, a $3500-$6500 fine, and 90 days to three years in jail

A second offense could be suspended, though you will still need to pay a minimum fine of $1100. An ignition interlock device could be required at your expense after a second offense.

3rd Offense

This is a misdemeanor, with minimum penalties that include:

• For a BAC Under 0.10% – A two-year license suspension, a $3800-$6300 fine, and 60 days to three years in jail
• For a BAC Between 0.10% and 0.16% – A two-year license suspension, a $5000-$7500 fine, and 90 days to four years in jail
• For a BAC Over 0.16% – A two-year license suspension, a $7500-$10,000 fine, and six months to five years in jail

The license suspension will double to four total years if the third offense occurs within five years of the second offense. It also could result in an ignition interlock device being installed in your vehicle at your expense.

4th Offense

This is considered a felony, with minimum penalties that include:

• For a BAC Under 0.10% – Permanent license suspension, and a one- to five-year prison sentence
• For a BAC Between 0.10% and 0.16% – Permanent license suspension, and a two- to six-year prison sentence
• For a BAC Over 0.16% – Permanent license suspension, and a three- to seven-year prison sentence

What a DUI Defense Law Firm in Dillon, SC Can Do for You

DUIs are criminal charges in Dillon, SC, which is why it is critical that you work with a criminal defense lawyer to ensure that you have a strong drunk driving defense. A criminal defense lawyer can help protect your legal rights throughout the judicial process. They can also put forth a strong defense while representing you before the court.

They can investigate the circumstances of your arrest and look for potential options to build a defensive strategy. This involves trying to foresee how the prosecution will argue its case and identifying potential weaknesses that could be emphasized in front of the jury.

In the pre-trial process, we can attempt to get the case dismissed if there are sufficient grounds to do so. We can also challenge any evidence if there is a good reason for it. In some cases, if certain key pieces of evidence are deemed to be inadmissible by the court, the prosecution will withdraw the charges.

If the case does make it to trial, we can advocate for your defense and, if the verdict should go against us, also represent you through the sentencing process, making the case for why you should receive a lighter penalty.

FAQs for DUI Attorneys

Q: What Are Some Defenses Against DUI Charges?

A: There are a lot of technical procedures that are necessary for a DUI charge to be valid, and the most common defenses center around these issues. For instance, the officer must have followed proper procedure and had a good reason to pull you over in the first place. Any BAC test that was administered must also have been done properly. It may even be possible to challenge the efficacy of the test as a means of assessing your BAC.

Whatever the defense, it’s critical to remember that the burden of proof lies with the prosecution, so the defense must create a reasonable doubt in the minds of the jurors.

Q: What Does It Mean That South Carolina Is an Implied-Consent State?

A: Normally, your consent would need to be given for the procedures that are used to measure a driver’s blood alcohol concentration. However, according to South Carolina law, the act of driving on the roads means that you have given implicit consent to submit to these tests. A refusal to take these tests is a punishable offense, and doing so doesn’t guarantee that you won’t be given a DUI, as a case for impaired driving can still be made.

Q: Does South Carolina Prohibit Open Containers?

A: South Carolina does prohibit open containers in vehicles unless they are in the trunk or another storage compartment. It’s important to get rid of any containers before you drive your vehicle. Even if a passenger is drinking and you are not, you can still be arrested for violating the open container law.

Q: Is Driving With an Unlawful Alcohol Concentration the Same as a DUI?

A: Driving with an unlawful alcohol concentration, or DUAC, is a similar offense to a DUI. However, a DUI requires that the officer make the case that you were impaired by the presence of alcohol, whereas a DUAC is a “per se” charge, where a BAC level is enough to be considered a violation, regardless of impairment.

While this is a technical difference in the charges, it’s worth noting that there is very little difference between the two from a legal standpoint. With regard to sentencing, they are interchangeable. This means that someone with one past DUI who is later convicted of a DUAC receives the sentencing based on two DUIs.

A Dillon DUI Lawyer Can Help You Defend Against DUI Charges

A DUI can result in some challenging penalties. Even if it is your first offense, there is a chance of jail time. For repeat offenders, it’s all but guaranteed. There are, though, a number of ways that DUI charges can be defended against. To be sure, though, that you are taking advantage of every opportunity available to you, working with a Dillon DUI lawyer can be vitally important.

At Axelrod & Associates, we thoroughly investigate the charges against you and prepare a defense that is tailored to the specifics of your case. We can take every appropriate measure to defend you against the charges that you face. Contact us today to discuss your situation and what can be done.