South Carolina DUI Laws and Penalties

South Carolina DUI Laws

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 South Carolina 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 843-916-9300 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.

South Carolina 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 South Carolina DUI attorneys is important for your case.

South Carolina DUI Penalties

If convicted of a DUI, you could face excessive fines, imprisonment and suspension of your driver’s license. Furthermore, a civil action could be brought against you for the damages you caused. A wrongful death action may also be brought against you if the accident resulted in a family member being killed. The nature of the DUI charges against you depends on many factors, including your prior convictions, the severity of the offense, the level of intoxication and whether the offense caused injury or death. A felony DUI is typically imposed when there has been great bodily injury or death to another. A felony DUI can result in extensive jail time and hefty fines as well as license suspension or revocation.

The attorneys of Axelrod & Associates, P.A. are 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.

We offer a free initial consultation to discuss your case. Call 843-916-9300 to speak to a lawyer today. We have offices in Myrtle Beach, Rock Hill and Little River.

The Sentencing Scheme Is As Follows:

First Offense:

BAC < .10: If the driver’s BAC was above .08 but below .10, the driver will be fined $400 and sentenced to between two and 30 days in jail, but if the court uses the minimum two-day sentence, it can allow the driver to serve 48 hours of community service instead. > .10 < .16 BAC: If the driver’s BAC was above .10 but below .16, the driver will be fined $500 and sentenced to between three and 30 days in jail, but if the court uses the minimum three-day sentence, it can allow the driver to serve 72 hours of community service instead. BAC > .16: If the driver’s BAC was above .16, the driver will be fined $1,000 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.

Second Offense:

BAC < .10: If the driver’s BAC was above .08 but below .10, the driver will be fined between $2,100 and $5,100 and sentenced to between five days and one year in jail. > .10 but < .16 BAC: If the driver’s BAC was above .10 but below .16, the driver will be fined between $2,500 and $5,500 and sentenced to between 30 days and two years in jail. BAC > .16: If the driver’s BAC was above .16, the driver will be fined between $3,500 and $6,500 and sentenced to between 90 days and three years in jail.

Third Offense:

BAC < .10: If the driver’s BAC was above .08 but below .10, the driver will be fined between $3,800 and $6,300 and sentenced to between 60 days and three years in jail. > .10 but < .16: If the driver’s BAC was above .10 but below .16, the driver will be fined between $5,000 and $7,500 and sentenced to between 90 days and four years in jail. BAC > .16: If the driver’s BAC was above .16, the driver will be fined between $7,500 and $10,000 and sentenced to between six months and five years in jail.

Fourth Offense or greater:

BAC < .10: If the driver’s BAC was above .08 but below .10, the driver will be sentenced to between one and five years in jail. > .10 but < .16 BAC: If the driver’s BAC was above .10 but below .16, the driver will be sentenced to between two and six years in jail. BAC > .16: If the driver’s BAC was above .16, the driver will be sentenced to between three and seven years in jail.

For more information about the sentence structure, please get in touch with our Myrtle Beach DUI attorneys at Axelrod & Associates, P.A. Call 843-916-9300 or complete our contact form for a free initial consultation.

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Were you accused of driving under the influence in South Carolina? Call 843-916-9300 or complete our contact form for a free initial consultation.