Loris DUI Lawyer

Loris DUI Attorney

A DUI conviction can have serious consequences. Besides the mandatory minimum sentences, it can lead to things like license suspension, ignition interlock device requirements, and alcohol and drug safety action program requirements. Being charged with a DUI, though, doesn’t necessarily mean a guilty verdict. There are a number of ways you can fight a DUI charge, and an accomplished, experienced lawyer might be able to give you a chance to win. At Axelrod & Associates, P.A., we have the knowledge and skill that can build your strongest defense.

South Carolina DUI Laws

In Loris, South Carolina, you can be charged with a DUI in a few different circumstances. They are:

• When you have a blood alcohol content over 0.08% (this is a “per se DUI,” which means you can be charged with a DUI whether you are actually impaired or not)
• If you are operating a commercial vehicle with a BAC over 0.04%
• If you are operating while under the influence of alcohol
• If you are operating while under the influence of drugs or another intoxicant

The phrase “under the influence” can be a bit unclear, but South Carolina law describes it as impairment to the point that your faculties to drive a motor vehicle are materially and appreciably impaired.

South Carolina DUI Penalties

In South Carolina, the final penalties for DUI will be determined by the Court. There are sentencing guidelines based on both the number of offenses within the last ten years and the BAC level. The first three offenses are all considered misdemeanors, while the fourth is considered a felony. The 2023 SC DUI penalties are:

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

Felony DUI

Any DUI accident that involves serious injury or death is a felony DUI. In the case of serious injury, there is a mandatory fine of $5,100-$10,100 and a 30-day to 15-year prison sentence. In the case of death, there is a mandatory fine of $10,100-$25,100 and a one to 25-year prison sentence.

Fighting a DUI

Fighting a DUI is possible on a few different fronts. An Axelrod & Associates, P.A., lawyer will work through investigating your case to find any potential avenue for defense. Some of the more common means of fighting a DUI include: 

• Challenging the accuracy of the breath or blood test
• Suchenski defenses, which describe what portion of the interaction must be videotaped by the police officer
• The law presumes you are innocent if your BAC is below 0.05%

FAQs

Q: Can a DUI Be Dismissed in South Carolina?

A: A DUI can be dismissed, or you could be acquitted of a DUI in South Carolina. However, DUI cases are complex and tend to get the full effort of the prosecution because locking up drunk drivers plays well with the general public. So to fight back in a DUI case, you are going to need a skilled, seasoned lawyer.

Q: Should I Hire a Lawyer for a DUI in South Carolina?

A: Yes, it would be wise to hire a lawyer for a DUI. The experience and understanding a lawyer has is going to give you a much better chance of winning your case. A lawyer understands every mechanism in the law that can be used to address problems in the prosecution’s case. A lawyer can understand how to cast doubt on the method of testing, make the case that there was no probable cause to pull you over, and consider if your constitutional rights were violated. If you want to avoid the full brunt of consequences for a DUI, then hiring a lawyer may be the difference maker.

Q: What Is a DUI in South Carolina?

A: There are four different situations in which you may be given a DUI in South Carolina:

• A blood alcohol content (BAC) of over 0.08%
• A BAC over 0.04% when operating a commercial vehicle
• Driving while under the influence of alcohol
• Driving while under the influence of any drug or intoxicant

“Under the influence” here means your faculties to drive a vehicle are materially and appreciably impaired.

Q: How Do I Fight a DUI in South Carolina?

A: There are a few different ways you can fight a DUI in South Carolina. Some of the more common ones are:

• If your BAC is 0.05% or less, then the law presumes that you are innocent
• Challenging the breath or blood tests
• South Carolina’s mandatory videotape requirements, also known as Suchenski defenses

Your DUI Defense Is Stronger With Us

At Axelrod & Associates, P.A., we’ll explore every avenue in defending your DUI case. The consequences of a DUI conviction are serious and permanent. A DUI cannot be expunged from your record, nor will it drop off. You will need to either plead to a lesser traffic offense or fight for a dismissal or acquittal. We have experience with all three in our efforts to get what’s right for our clients. If you are facing a DUI, then you need quality legal help. Contact us to take a look at your case today.