South Carolina DUI Laws & Attorneys
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Despite the fact that South Carolina was one of the first states to endorse prohibition in 1892, and control of alcohol has always been a major issue in the state's history, it has one of the highest drunk driving death tolls in the country.
Today, most counties in South Carolina do not allow the sale of alcohol on Sunday. Before 2006, South Carolina was notorious for being the last state in the nation to make mixed drinks using mini-bottles, which supposedly hold more than the typical hand poured drinks. Many people liked the stiffer cocktails which got customers higher, faster. The obvious result was more drunk drinkers, and more DUI arrests.
Things are changing. A proposed South Carolina DUI bill would mandate 1 year driver's license suspensions following breath test refusals, align DUI penalties with rising BAC levels on a tiered system of severity, and dramatically change the DUI laws in the state. The state government unanimously passed a bill this year which increased a breathalyzer refusal from 90 days to 1 year driver's license suspension.
South Carolina is quite innovative in one aspect of its DUI law: South Carolina is the only state in the nation with mandatory videotaping by the arresting officer of the DUI arrest and breath test. Videotape is the most accurate, honest, representation of what happens in the field and at the police station following a South Carolina DUI arrest.
South Carolina’s DUI ‘per se’ law states that a blood alcohol content of .08% blood alcohol content (BAC) by itself constitutes under the combined influence of alcohol and also any other drugs or substances which cause impairment to the degree that you are assumed to be unsafe behind the wheel.
Every driver in South Carolina has given their ‘implied consent’ for a blood alcohol test (BAC) upon receiving a license. This means their breath, blood, or urine will be tested for alcohol and/or drugs when under the suspicion of a South Carolina DUI charge. You should note that you have the right to a second test at your own expense at a place of your choice. When blood is drawn with or without a request from law enforcement, it is extremely important to have your South Carolina DUI attorney contact the hospital or lab immediately with notice of the federal confidentiality law and to assert your patient’s rights regarding confidentiality of medical records.
If you have a BAC that is at least 0.05% but less than 0.08%, your BAC level may be considered along with other evidence that you are under the influence. Also circumstantial evidence, such as slurred speech, blood shot, watery eyes, unbalanced coordination, hazardous driving, and field sobriety tests can be proof that a driver was impaired. However, you cannot be charged with a DUI if a traffic stop arises from a roadblock or driver's license checkpoint.
If you haven’t been drinking or you believe that you might have been “impaired” from a benign source such as alcohol based paint or solvents, mouthwash, prescription or over-the-counter drugs be aware that you can still be arrested for a South Carolina DUI, even though you are not “legally drunk”.
After being charged with a South Carolina DUI you’re going to face two adversaries: the criminal courts, and the South Carolina Department of Motor Vehicles. If your license was suspended or revoked because of a DUI, you will be offered a formal hearing.
You have the right to make a request within 10 days for an administrative hearing with the DMV to try avoiding losing driving privileges. Your license will be lost if a hearing is not requested, for not appearing, or for an unsuccessful outcome. This hearing is not a trial and producing evidence of innocence and the burden of proof bears upon the accused. DMV sanctions can also be imposed even if you are found not guilty in a criminal court case. Court and DMV (administrative) penalties are separate but generally run concurrently (at the same time).
South Carolina Department of Motor Vehicles hearings may be a crucial opportunity to let your South Carolina DUI defense attorney cross-examine, rebut testimony, and confront evidence offered by those involved in your arrest and investigation.
Be advised that South Carolina has an out-of-state Driver’s License Compact Agreement. This means that those South Carolina DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local South Carolina DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
On the tenth of each month, the Department of Motor Vehicles will publish the names of all people who had their licenses suspended for DUI offenses in the last month.
Across the country DUI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge contact a South Carolina DUI specialist. In any case, when you are stopped and arrested for suspicion of a South Carolina DUI, request to see a DUI attorney, the sooner the better.
– Info You Should Know –
Was I Stopped Legally?
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.
Not all reasons offered by officers are legal. Check with a South Carolina DUI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.
Should I Have Talked To the Cop?
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks” which is not necessarily incriminating. However such "statements of consumption" will be used against them in court or at a hearing.
And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you would rather wait until instructed by a South Carolina DUI lawyer. But be advised if you refuse the test under the implied consent law you can lose your license on the spot, and probably for many months.
Did I Have A Right To Make A Call?
Law enforcement officers are not required to advise you of this right. But once a request is made, they are obligated to provide an opportunity to make a call, hopefully to a South Carolina DUI specialist.
I’m Simply Going To Plead Guilty, Why Do I Need A South Carolina DUI Lawyer?
The penalties and the numerous, complicated laws relating to motor vehicles, DUI charges and South Carolina drunk driving laws should be taken very seriously. South Carolina DUI convictions and penalties can be long lasting and severe, both in court and with the South Carolina Department of Motor Vehicles, which regulates your driving privileges.
Experienced and skilled legal counsel may be able to help maximize your defenses thereby mitigating your penalties. A South Carolina DUI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
When considering consulting a South Carolina DUI attorney, take into account the impact of a criminal conviction: possible loss of voting privileges, increased cost or cancellation of auto insurance, lost educational opportunities, inability to rent or own cars, restrictions on travel, damage to security clearances, job barriers, possible harm to professional credentials or certifications, and the loss of freedom. Don’t you think these rights, possessions, achievements and abilities are worth protecting?
What’s A South Carolina DUI Defense Attorney Going To Cost?
One of the biggest concerns for people charged with driving under the influence is attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from a South Carolina DUI attorney might save them thousands of dollars in the years to come.
What Are Court Costs?
Additional costs outside of the fine for court or administrative services, regulated by state penal or vehicle codes violated. They can be costly.
Did I Have To Take a Field Sobriety Test (FST)?
Unlike blood and breath testing, submitting to a "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance to establishing legal intoxication are the One Leg Stand, the Heel-to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. But even under laboratory conditions, these tests have only been established to be accurate in predicting blood alcohol content above .10% in 66% to 77% of the time.
What if I Refused To Take a BAC (blood alcohol content) Test?
Refusal carries certain penalties which may be more severe than a DUI conviction. The arresting officer will take your license and it will be automatically suspended.
Can I Plea Bargain?
It is next to impossible to plea bargain a South Carolina drunk driving charge without an experienced South Carolina DUI lawyer. Often effective DUI counsel will be able to negotiate a plea to a lesser charge.
A plea bargain means that you agree to plead guilty to some lesser charge or having your attorney and prosecutor mitigate the penalties. Practiced South Carolina DUI attorneys often times will be able to negotiate a plea to a lesser charge as many cases are resolved prior to trial. The plea bargain is extremely advantageous to anyone accused of a South Carolina DUI, but remember even a conviction to a lesser charge will still count as a ‘prior’ for calculating penalties for future offenses.
I’ve Heard of A Nolo Contendere Plea, What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DUI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.
In any case, without services of a veteran South Carolina DUI specialist, specialized pleas or plea bargaining is not possible.
Is Being Punished by the South Carolina DMV and the Criminal Courts Double Jeopardy?
Like most states, South Carolina law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to civil liberties. South Carolina DMV administers driver’s licenses, imposes civil penalties, serves as the judge, jury and also deals out punishment.
What if I Am An Out-Of-State Driver?
Be advised that South Carolina and most states have an out-of-state Driver’s License Compact Agreement, meaning that South Carolina DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local South Carolina DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of priors, refusal to submit to a BAC test, or any ‘operating while intoxicated’ convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program or have an ignition interlock device installed on your vehicle.
Can I Get a Restricted Driver's License?
Application for a restricted driver's license requires that you are employed or enrolled in a college or university. This restricted license permits driving only to and from work, school, court ordered programs and medical treatment. Additionally, work or school must be further than one mile from the driver's home and when there isn't any adequate public transportation available.
What About Enhanced Punishments For South Carolina DUI Convictions?
Under the DUI law minors, commercial drivers, school vehicle or bus drivers, and offenders involved in an injury accident or sizeable property damage may be subject to the high BAC penalties. Refusing a BAC test may impose the highest BAC penalties, along with priors, a minor in the car and speeding or reckless driving will cost you more in fines, longer license suspension and jail sentences.
Any time you face multiple or ‘aggravated’ charges, or if death, injuries or sizeable property damage occurs, the fallout for South Carolina multiple convictions will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and a loss of license and vehicles for years, if not permanently. We strongly recommend retaining an experienced South Carolina DUI attorney in order to secure the best possible outcome of a potentially severe situation.
What About My Insurance?
An SR – 22 high risk policy is required, consequently, your insurance rates will probably increase or be cancelled. Rates for your family members, or even for your employer (if you use a company car), may increase as well.
- Criminal Penalties --
1st DUI Offense
$400. fine (actually $1,000 after fees, statutory assessments and surcharges).
2 to 30 days in jail.
Or 48 hours of community service.
6 months license suspension.
Court may require installation of ignition interlock device.
1 year Department Alcohol and Drug Safety Action Program (ADSAP). Fee is $2,000.
2nd conviction Within 10 Years
Minimum $1,100 up to $5,100 maximum fine.
5 days to 1 year in jail.
Or 30 days of community service.
30 days to 1 year license suspension.
30 days vehicle immobilization required.
Court may also require installation of ignition interlock device after immobilization.
Must complete the 1 year Department Alcohol and Drug Safety Action Program (ADSAP). Fee is $2,000.
2 years license suspension. If within 5 years of 1st offense, suspension is for 4 years.
Possible motor vehicle forfeiture.
3rd DUI Within 10 years
$3,800 up to $6,300 fine
60 days to 3 years imprisonment depending on priors).
Vehicle immobilization.
Court may require installation of ignition interlock device after period of immobilization.
Must complete the 1 year Department Alcohol and Drug Safety Action Program (ADSAP). Fee is $2,000.
Possible motor vehicle forfeiture.
DNA entered into state criminal database.
Permanent license revocation.
4th and Subsequent Offenses
A felony.
1 year mandatory to 5 years imprisonment.
All of the above.
Refusal of BAC Test
1st refusal:
90 days license suspension (with no priors).
$300 fine.
2 days up to 30 days in jail.
2nd refusal:
$300 fine.
180 days suspension with 1 prior DUI in the last 10 years.
Up to 30 days in jail.
Underage DUI
0.02% BAC (zero tolerance, any amount of alcohol on breath is an assumption of guilt).
1st offense:
3 months suspension of driver's license.
2nd offense:
6 months suspension with a prior.
6 months license suspension for refusing BAC test.
3rd offense:
1 year license suspension if there is a prior.
– South Carolina Administrative DMV Penalties –
1st Offense
6 months loss of license.
Mandatory alcohol assessment for substance abuse education and treatment.
2nd Offense
1 year loss of license.
Possible Ignition interlock device.
Mandatory alcohol assessment for substance abuse education and treatment.
3rd Offense
2 years loss of license.
Ignition interlock device.
Mandatory alcohol assessment for substance abuse education and treatment.
4th offense
Possible permanent loss of license.
Possible Vehicle Confiscation.
Underage DUI/Refusal of BAC
.02% BAC.
1st refusal: 6 months license suspension.
2nd refusal: 6 months suspension.
Commercial Driver’s License
1 year disqualification for 1st offense.
3 years disqualification when transporting hazardous materials with DUI conviction.
Subsequent convictions lifetime disqualification.
– Disclaimer –
Only skilled South Carolina DUI professionals should provide you with bonified legal advice. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with an accredited South Carolina DUI attorney. There is no warrantee, expressed or implied herein. South Carolina DUI laws and issues are complicated, and can change. Litigation takes experience. Please let us refer you to a seasoned South Carolina DUI specialist.
– Citations –
Code of Laws Title 56 - Motor Vehicles
CHAPTER 17 - CRIMINAL PENALTIES
South Carolina Code § 56-5-2930, et al.
South Carolina Department of Motor Vehicles
800 Dutch Square Blvd
Dutch Square Plaza Bldg A, Suite 100
Columbia, SC 29210
(803) 896-6238
Members of the media may contact the SC Department of Motor Vehicles through the DMV Communications Office:
Telephone: (803) 896-8198
Fax: (803) 896-5618
Email: dmvcommunications@scdmv.net
