DUI Law in South Carolina
Driving home after a long day in South Carolina, you might not give a second thought to the traffic around you—until flashing lights force you to pull over. A DUI (Driving Under the Influence) charge can transform a routine drive into a complex legal challenge.
This guide will walk you through the potential penalties for a DUI conviction in South Carolina, the mandatory requirements you’ll need to fulfill, and the steps you can take to move forward after an arrest.
Possible Consequences of a South Carolina DUI Conviction
The penalties for a DUI in South Carolina vary depending on your BAC at the time of arrest, whether it’s your first offense, and any aggravating factors involved. The state categorizes DUI levels by BAC: 0.08% for standard adults and 0.02% for drivers under 21. Repeated offenses and incidents involving injuries or property damage carry harsher penalties.
Paying Fines
Fines are a common penalty for DUI convictions in South Carolina. For first offenses, fines range from $400 to $1,000, depending on BAC levels and circumstances. A second offense may lead to fines of $2,100 to $5,100, and third offenses can exceed $6,300. Additional costs, including court fees and program expenses, further increase the financial impact.
If your DUI involved an accident or injuries, restitution payments for damages may also be required, adding to the financial burden.
Jail Time
South Carolina law imposes mandatory jail time for DUI convictions. A first offense carries a sentence of 48 hours to 30 days, though high BAC levels can result in longer terms. Second offenses require 5 days to 1 year in jail, while a third conviction can lead to 60 days to 3 years behind bars. Judges may consider aggravating factors, such as endangerment or reckless behavior when determining the length of a sentence.
For eligible offenders, some jail sentences can be replaced with community service, but this is subject to the court’s discretion.
Probation
Probation is often included as part of DUI sentencing in South Carolina. During probation, offenders must follow strict rules, such as refraining from alcohol, completing community service, and attending mandatory treatment programs. Probation violations, such as missed meetings or further legal trouble, can result in additional penalties, including jail time.
In South Carolina, probation services are typically managed through local corrections offices. Ensuring compliance with probation requirements is essential to avoiding complications and additional penalties.
Drug and Alcohol Education Program
South Carolina mandates participation in the Alcohol and Drug Safety Action Program (ADSAP) for DUI offenders. The program aims to educate participants about the risks of impaired driving and assess their dependency on alcohol or drugs. These programs vary in length and cost but typically range from $500 to $2,500, depending on the treatment required.
Completion of ADSAP is often required to regain driving privileges. For repeat offenders, a substance abuse evaluation may be necessary to determine whether additional treatment is warranted.
Suspension or Loss of License
In South Carolina, a DUI conviction results in an automatic license suspension. A first offense typically results in a suspension of 6 months, while a second offense leads to a 1-year suspension, and a third offense may result in a suspension of 2 years or longer.
To regain driving privileges, offenders must pay reinstatement fees, complete ADSAP, and may be required to install an ignition interlock device (IID) on their vehicle. The IID prevents a car from starting if alcohol is detected in the driver’s breath.
What Should You Do When Charged With a DUI in 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 South Carolina DUI Law
After a DUI arrest, seeking legal representation should be your first priority. An experienced attorney can help you understand your options, identify potential defenses, and navigate South Carolina’s legal system.
Step 2: Learn About Your State’s DUI Laws
South Carolina’s DUI laws are detailed and strict, but they also allow for plea deals, alternative programs, and reduced penalties under certain conditions. Your attorney can explain these laws and how they apply to your case.
Step 3: Request a DMV Hearing
You have 30 days from the date of your arrest to request a hearing with the South Carolina DMV to contest your license suspension. Missing this deadline will result in an automatic suspension. Contact the DMV to file your request and pay the required fees.
Step 4: Prepare for Court Appearance
Preparing for your court appearance is crucial. Whether you’re contesting the charges or negotiating a plea deal, your attorney will guide you through each step, ensuring your defense is as strong as possible.
Step 5: Receive Sentencing or Exoneration
If convicted, fulfilling all court-mandated requirements is essential. This includes paying fines, completing ADSAP, and adhering to any probation terms. Prompt compliance demonstrates responsibility and can prevent further penalties.
Work with an Experienced Local DUI Lawyer in South Carolina
Should you ever find yourself charged with a DUI, you need to work with an experienced South Carolina 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 in South Carolina 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!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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