South Carolina DUI Law
In Myrtle Beach and throughout South Carolina, there are several ways to violate the impaired driving laws. Below we provide a general outline of the driving while intoxicated laws and DUI consequences. We 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 as soon as possible after your arrest is crucial in obtaining a favorable outcome.
The attorneys of Axelrod & Associates, P.A. understand South Carolina DUI law. We offer a free initial consultation to discuss your case. Call 843-353-3449 to speak to a lawyer today. We have offices in Myrtle Beach, Rock Hill and Little River.
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 .08 within two 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 South Carolina 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.
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 six months, or one month if he or she decides to take the test and shows a BAC of at least .15. The fact that you refuse the test can be used against you in court. The 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 two hours of the arrest, while any other test must be conducted within three 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 .08. In addition, the testing device varies from this result by no more than .004 in either way. Lastly, blood tests can only be performed by board-certified medical personnel. Our team of 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 & Associates, P.A. 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 .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 .08, it is understood that the driver was under the influence. With the many laws and regulations concerning driving under the influence, finding experienced Myrtle Beach DUI attorneys is important for your case.