DUI Law in Greenville, SC
What Is a DUI?
DUI, which refers to driving under the influence of alcohol or drugs, is a criminal offense that can lead to weighty consequences. Also known as DWI, the process of going to court to face either conviction or exoneration can change the course of your life forever.
Learn more about your DUI law defense options below, and then talk to a local attorney in Greenville, South Carolina who will help you in this delicate situation. You don’t have to stare down consequences alone. You can take wise steps today to protect your interests.
Possible Consequences of a Greenville, South Carolina DUI Conviction
Where you live, the severity of the incident and your criminal record determine the sentencing for a DUI. The punishments can drastically increase if you have had previous DUIs, so be mindful of that. If this is your first DUI, do not go at it alone and risk costly mistakes. Get a Greenville law firm on your side to fight for you and your rights.
Paying Fines
If convicted of driving under the influence of alcohol or drugs in Greenville, South Carolina, you can count on fines being a part of your sentencing. The South Carolina Department of Public Safety reports that your first DUI can result in up to a $400 fine. However, subsequent DUIs can entail fines as high as $6300. South Carolina courts are also permitted to add assessments and surcharges which can increase your monetary penalty to more than double the amount of the fine.
However, other factors can drastically increase the amount you must pay, including:
- Any damage to property while driving under the influence
- If someone suffered injuries as a result of your intoxicated driving
- Cases that include child endangerment
- Any court costs associated with your case
Jail Time
Jail time is mandatory, even for first-time offenders in Greenville. If this is your first DUI offense, you may only have to face a day or two in prison. But if you have previous convictions for DUIs, you can be sentenced to several months or years, depending on the nature of the crime. Know that some circumstances can add even more time in a cell, including injury to other people while driving under the influence.
Probation
If you do not face jail time, you will likely be on probation, with the sentencing judge determining the duration. You will pay monthly fees, and you cannot commit any more criminal offenses, including traffic violations. If you violate the terms of your probation, count on facing time behind bars.
Probation is not permitted for your first DUI in South Carolina, but it may be a part of your sentence for a second DUI. Probation terms can include fines, alcohol treatment programs, and community service. If you violate the terms, your probation can be extended or made more restrictive. In addition, you can be sent to jail for severe violations. The Probation, Parole, and Pardon Services office in Greenville is located in Greenville County Square, at 301 University Ridge.
Drug and Alcohol Education Program
Following a Greenville DUI sentencing, the law states you must complete a drug and alcohol education program. This will teach you about the dangers of driving under the influence. These programs cost more fees besides the legal costs you already have to pay.
After a DUI conviction in Greenville, you have 30 days to enroll in the South Carolina Alcohol and Drug Safety Action Program (ADSAP). Your alcohol use will be assessed, and a personalized program of education and treatment will be recommended. In most cases, you will be able to complete the program during the period of your license suspension. In addition, you will be responsible for the cost of the program, which can range from $500 to $2500, depending on the level of treatment required. There are numerous ADSAP providers statewide, but the Greenville location is currently at 1400 Cleveland St.
The education programs also include a DUI evaluation. An evaluator asks you questions about how alcohol and drugs affect your life. If they believe that you are dependent, you may have to enter a substance abuse treatment program.
Suspension or Loss of License
No matter where you may face a DUI conviction, you have to undergo a license suspension period, at the very least. If it is your first DUI, you may have a license suspension for a few months while you go through probation and the drug and alcohol education program.
If this is not your first DUI, you may have your license suspended for much longer, or you could have it taken from you permanently.
What Should You Do When Charged With a DUI in Greenville, South Carolina?
If you’re facing a felony DUI charge, you must take the following steps to protect yourself:
Step 1: Contact an Attorney Familiar With Greenville, SC DUI Law
Immediately following your DUI arrest, you need to contact an experienced Greenville DUI attorney. Your attorney can help prepare for your arraignment and prepare a defense to vindicate yourself or reduce the sentencing.
Step 2: Learn About Your Local DUI Laws
Greenville, South Carolina has unique laws for DUI or DWI charges. Your lawyer will work with you to help you better understand your state’s laws on driving while intoxicated. It is critical to understand what charges you face and the potential outcomes of your case.
Step 3: Request a DMV Hearing
You or your attorney should request a hearing as soon as possible following your arrest. In Greenville, South Carolina you only have so much time to ask for a DMV hearing to keep your license until your court appearance. If you do not request a hearing, prepare for a license suspension.
If your license is suspended after a Greenville DUI arrest, you have 10 days to request a hearing with the South Carolina Office of Motor Vehicle Hearings. The request must be in writing and accompanied by a $200 filing fee. There are no local offices in Greenville, and all hearings are conducted in Columbia at 1205 Pendleton St.
Step 4: Prepare for Court Appearance
You and your attorney will prepare for your appearance and arraignment in Greenville. If you plead “not guilty,” your DUI defense attorney represents you in court, and a judge and jury oversee the DUI law case.
Step 5: Receive Sentencing or Exoneration
You will either be “not guilty” of the charges brought against you and walk free, or you will receive sentencing for a guilty verdict.
Work With an Experienced Local DUI Lawyer in Greenville, South Carolina
Should you ever find yourself charged with a DUI, you need to work with an experienced Greenville, SC lawyer who can stand up for you in court. You cannot clear your name of the charges or reduce the consequences without help. Your life and future depend on having great legal representation during your DUI case. Contact an attorney near you today. We can even help you connect with legal help across South Carolina state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
