Explanation of SC DUI Law
WARNING: Everything you say on the roadside both before and during the field sobriety tests is recorded on video. Also, everything you say and do while being transported to the detention center is also recorded. The State will use any statements you make against you, so be advised that it is in your best interest to refrain both from incriminating statements and from losing your cool when you communicate with the law enforcement officer in connection with a DUI arrest.
Once at the detention center, the officer will prepare to administer a “breath test” to determine your level of intoxication or blood alcohol concentration. This phase of the arrest is also recorded by camera. Before the arresting officer administers the test, he is required to inform you, both verbally and in writing, of several important facts that relate to the “breath test” including the information that
- your driving privileges will be suspended for six months if you refuse to submit to the test;
- your refusal to submit to the test may be used against you in court;
- your driving privileges will be suspended for at least one month if the test reveals an alcohol concentration of .15 or more;
- you have the right to request an Implied Consent Hearing within thirty days after the arresting law enforcement officer issues you a notice of the suspension of your license to drive, and
- if you do not request an administrative hearing or if your suspension is upheld at the administrative hearing, you must enroll in an Alcohol and Drug Safety Action Program.
Even if your DUI Defense Attorney is successful in reinstating your driving privileges at an administrative hearing, you will still be required to appear in Court to face criminal prosecution for the alleged violation of South Carolina’s DUI statutes. The number you “blew” when you took the “breath test” plays a significant role in your trial. The State is allowed to use your level of alcohol concentration to create an “inference” as to whether you were driving while under the influence of alcohol. Following is a chart of the possible levels of alcohol concentration and the inference of guilt that accompanies each level.
At trial, your DUI Defense Attorney will seek to prove that your ability to drive your vehicle was not materially or appreciably impaired. If successful, you will be cleared of all charges by a jury of your peers. However, if the jury votes to convict you of DUI the following chart indicates the minimum penalty you will face. Again, the number you “blow” affects the penalty the Court will impose.
NOTE: the following chart applies to a conviction for a FIRST OFFENSE only.
The Court always has discretion to impose a higher fine or a greater jail sentence on a person convicted of a first offense of driving while under the influence. But, unless you “blow” a .16 or higher, the Court cannot impose a jail sentence greater than 30 days. A person who “blows” a .16 or greater may face up a 90 days in jail. Finally, in addition to paying a fine or serving a jail sentence, if you are convicted of DUI, you must complete an Alcohol and Drug Safety Action Program, which can cost up to $2,500.
Please note this is information is intended for informational purposes only and is only a simplified version of South Carolina DUI law. We encourage you to please contact us to schedule a free initial consultation. During your consultation, we will provide you with detailed legal advice and information tailored to the facts surrounding your unique case.