Greenville DUI Lawyer

Greenville DUI Attorney

You are staring at a DUI charge and wondering how bad this is going to get. Will you lose your license? Will your employer find out? Will it embarrass your kids? Is there anything you can do to defend yourself?

Even if your blood alcohol concentration (BAC) is above the legal limit of 0.08%, your case is not over. The outcome has not been decided yet. What happens will depend on what you do next.

Axelrod & Associates, P.A. has handled hundreds of cases in South Carolina courts, including DUI cases where our clients walked away without a conviction.

Contact Axelrod & Associates, P.A. to schedule a confidential evaluation with an experienced Criminal Defense Lawyer so we can tell you exactly where your case stands and what legal options are available to you.

Types of Drunk Driving Defense Cases a Greenville DUI Attorney Handles

DUI charges in South Carolina cover many situations, including:

• First-offense DUI with BAC at or above 0.08%
• Second and subsequent DUI offenses
• High-BAC DUI with BAC at or above 0.16%
• DUI with Great Bodily Injury
• Felony DUI involving a fatality
• DUAC charges under C. Code § 56-5-2933
• License suspension and administrative hearings before the SC DMV
• Ignition interlock device requirements and compliance under the 2024 All Offender Law

We also handle cases where DUI is just one of multiple charges.

Jail, Fines, and License Suspensions After a Greenville DUI Conviction: Here’s What Is at Stake

South Carolina DUI law is set out under S.C. Code § 56-5-2930. The penalties are tied to your BAC level and whether you have prior convictions.

First Offenses

A first-offense DUI with a BAC under 0.10% carries a potential 48 hours to 30 days in jail, a $400 fine, and a six-month license suspension.

If your BAC was between 0.10% and 0.15%, then the legal consequence is a $500 fine or 72 hours to 30 days in jail.

If your BAC was 0.16% or higher, then jail time ranges from 30 to 90 days, or a fine of $1,000 may be imposed.

A judge may substitute public service for jail time.

Subsequent Offenses

A second offense DUI carries mandatory jail time and fines that escalate with BAC:

• For a BAC under 0.10%, penalties range from five days to one year in jail and a fine of $2,100 to $5,100.
• For a BAC between 0.10% and 0.15%, the range increases to 30 days to two years in jail and a fine of $2,500 to $5,500.
• For a BAC of 0.16% or higher, the exposure is 90 days to three years in jail and a fine of $3,500 to $6,500.

A third offense DUI carries severe mandatory penalties with no judicial discretion to suspend the minimum sentence. Prison time is mandatory upon conviction, but penalties are still tiered by BAC:

• For a BAC under 0.10%, the range is 60 days to three years and a fine of $3,800 to $6,300.
• For a BAC between 0.10% and 0.15%, the range increases to 90 days to four years and a fine of $5,000 to $7,500.
• For a BAC of 0.16% or higher, the exposure is six months to five years, and a fine of $7,500 to $10,000.

In addition to incarceration and fines, license revocation is two years, extended to four years if the third offense occurred within five years of a prior DUI conviction.

Other DUI Conviction Consequences

A DUI on your South Carolina record is permanent and cannot be expunged. Employers, landlords, and licensing boards see it. Professional licenses in nursing, teaching, law, and commercial driving are at risk.

Additionally, you will be required to file an SR-22 certificate with the SC DMV proving that you carry minimum liability coverage. While the SR-22 filing fee itself is small, the filing flags you as high-risk to insurance companies and can add hundreds of dollars per year to your premiums for three years.

Results in Our South Carolina DUI Cases

Some of our DUI cases include:

Prior results do not guarantee a similar outcome. Each case depends on its specific facts, evidence, and jurisdiction.

South Carolina DUI Law: What You Need to Know

South Carolina’s DUI statute (S.C. Code § 56-5-2930) defines impaired driving as operating a motor vehicle while under the influence of alcohol, drugs, or any combination that materially and appreciably impair your ability to drive. The law applies on public and private property throughout the state.

Under South Carolina’s implied consent law (S.C. Code § 56-5-2950), getting a South Carolina driver’s license means you already agreed to submit to a breath, blood, or urine test if asked by police. Refusing a test triggers an immediate administrative suspension. For a first refusal, that suspension is six months, separate from and in addition to any criminal penalties. You have 30 days from receiving the Notice of Suspension to request a hearing.

The 2024 All Offender Ignition Interlock Law requires an ignition interlock device (IID) for every DUI conviction in South Carolina. You must complete the IID program before your license is fully restored. Additionally, Alcohol and Drug Safety Action Program (ADSAP) enrollment is mandatory for every conviction.

Where Greenville DUI Cases Are Heard

First-offense DUI cases in Greenville County typically begin in Greenville Municipal Court, located at 426 North Main Street, Greenville, SC 29601, if a Greenville police officer made the arrest within city limits. If the arrest was made by the Greenville County Sheriff’s Office or the South Carolina Highway Patrol outside city limits, the case goes to one of the county’s magistrate courts instead.

More serious charges, including second and subsequent offenses, felony DUI, and DUI with Great Bodily Injury, go before the Greenville County Court of General Sessions, which is part of the 13th Judicial Circuit and is housed at the Greenville County Courthouse, 305 East North Street, Greenville, SC 29601.

Administrative hearings on license suspension are handled separately from your criminal case and take place before the South Carolina Office of Motor Vehicle Hearings.

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Frequently Asked Questions: Greenville DUI Lawyer

Do I need a lawyer right now, or can I wait until my court date?

You need a lawyer before your court date. South Carolina’s 30-day window to request an administrative license suspension hearing is your most time-sensitive deadline. Missing it is permanent. Once you are arrested, the clock is already running.

What defenses are available for a DUI charge in Greenville, SC?

Common defenses in South Carolina DUI cases include challenging whether the officer had lawful reason to stop your vehicle, whether field sobriety tests were properly administered, whether the breathalyzer was correctly calibrated and operated, and whether the required video recording of your stop and breath test was captured and preserved under S.C. Code § 56-5-2953.

Whether any defense applies depends entirely on the specific facts of your arrest, the evidence the state has, and what happened from the moment you were pulled over. Contact us to go through the details of your case.

What happens at the administrative license suspension hearing?

The SC Office of Motor Vehicle Hearings reviews whether your license should be suspended pending the criminal case. This hearing is narrower than a trial. It focuses on whether the stop was lawful, whether you were properly informed of implied consent rights, and whether the test was administered correctly.

Will a DUI conviction show on my background check?

Yes. South Carolina does not allow DUI convictions to be expunged. They appear permanently on background checks run by employers, landlords, and professional licensing boards. A conviction is not erased when you complete probation or pay your fine.

What if I refused the breathalyzer?

Refusal triggers an immediate six month administrative suspension under S.C. Code § 56-5-2950, separate from criminal charges. You have 30 days to request a hearing.

Additionally, prosecutors may introduce a breathalyzer refusal as evidence in your criminal trial to argue consciousness of guilt. Accordingly, you should discuss this with an attorney as soon as possible after your DUI arrest.

How much does a DUI lawyer cost in Greenville?

Attorney fees vary based on the complexity of your case, whether it goes to trial, and what administrative proceedings are involved. Contact us to schedule a confidential evaluation. We will give you an honest assessment of your case and a clear explanation of fees before you make any decision.

Contact a Greenville DUI Lawyer at Axelrod & Associates

South Carolina gives you 30 days to protect your license. Don’t let that window close without talking to an experienced DUI defense lawyer.

Axelrod & Associates was built on the principle that every client’s case deserves diligent preparation and tenacity, regardless of how complicated it looks at the start.

Tell us what happened. Tell us what you are worried about losing. We will tell you where your case stands and what options are still open. Contact Axelrod & Associates today to schedule a confidential case evaluation. Fill out our contact form to get started.