DUI & DWI in South Carolina
There are a wide range of DUI punishments in many states, including South Carolina. A DUI attorney will strive to have your drunk driving charges dismissed or reduced, have you found innocent of charges, or have the minimum penalties handed down, if you are convicted. Consulting with a SC DUI defense attorney is always the right thing to do.
We’ll use this article to explain:
- South Carolina DUI Laws
- South Carolina DUI Punishments
- Potential DUI Defenses
- South Carolina’s Other Drunk Driving and Alcohol Laws
- How to Find a South Carolina DUI Attorney
When is a Driver Considered to be Legally Drunk in South Carolina?
The South Carolina Code of Laws contain South Carolina’s drunk driving laws.
These are the SC DUI BAC (blood alcohol content) laws:
- Non-commercial drivers= BAC (blood alcohol content) is .08 or higher.
- Commercial drivers= BAC is .04 or higher.(School bus drivers are commercial drivers in South Carolina.)
- Under age 21 drivers= BAC is .02 or higher.
What is South Carolina’s Punishment for DUI Convictions?
1st Offense – jail time of 48 hours to 30 days – fine of $400 – driver’s license suspension for 6 months -48 hours of community service -ignition interlock – loss of commercial driver’s license – enhanced penalties if injury or death results or if driving with a child under the age of 16.
2nd Offense within 10 years – jail time of 5 days to 1 year-30 days or more of community service – fines of $2,100 to $5,100-driver’s license suspended for 1 year – loss of commercial driver’s license – ignition interlock – enhanced penalties if injury or death results or if driving with a child under the age of 16.
3rd Offense within 10 years – jail time of 60 days to 3 years – fines of $3,800 to $6,300 -driver’s license revoked for 2 years(revocation is 4 years if 3rd offense in within 5 years of first conviction) -loss of commercial driver’s license – ignition interlock – enhanced penalties if injury or death results or if driving with a child under the age of 16.
South Carolina Drunk Driving Defenses
Your SC DUI defense attorney, will collect evidence, analyze your case, and evaluate potential defenses that may get the drunk driving charges dismissed, reduced, or minimized.
Potential defenses include:
- Lack of probably cause during the original traffic stop.
- No explanation of what would happen if Breathalyzer test was refused or failed.
- Breathalyzer error.
- Blood test error.
- Clean driving record.
- No injuries and no property damage.
- BAC only slightly higher than .08.
South Carolina’s Other Drunk Driving and Alcohol Laws
South Carolina’s Dram Shop Act
Licensed drinking establishments will be held civilly liable for third party injuries and underage person injuries caused by serving underage persons or visibly intoxicated persons.
South Carolina’s Providing Alcohol to Underage Persons Law
- If a licensed drinking establishment knowingly serves alcohol to an underage person, the server fill face 30 to 60 days in jail and fines of $100 to $200.
- Any individual who furnishes alcohol to an underage person faces up to 30 days in jail and a fine up to $200.
How to Find a South Carolina DUI Attorney
To find and select a South Carolina DUI attorney, search our website, www.attorneys.org, or ask friends or the bar association for a referral.