Best Drunk Driving Lawyers in South Carolina

About Drunk Driving Law in South Carolina, United States

Drunk driving, legally referred to as Driving Under the Influence (DUI), is a serious offense in South Carolina. The law prohibits operating a motor vehicle while under the influence of alcohol or drugs to the extent that it impairs a person’s ability to drive safely. The state enforces strict penalties for those found guilty of DUI, including fines, license suspension, possible jail time, and increased insurance costs. Understanding the legal aspects of drunk driving is crucial for anyone facing charges or seeking to avoid legal trouble.

Why You May Need a Lawyer

Drunk driving charges in South Carolina can have significant and lasting impacts on your life. You may need a lawyer if you have been arrested for DUI or DWI, are facing multiple offenses, caused an accident while allegedly impaired, refused a breathalyzer or blood test, or believe your rights were violated during the stop or arrest. A lawyer can help protect your rights, advocate for a fair outcome, challenge evidence, and guide you through complex legal processes that can be difficult to navigate on your own.

Local Laws Overview

In South Carolina, it is illegal to drive with a Blood Alcohol Concentration (BAC) of 0.08 percent or higher for most adults. For drivers under 21, the limit is 0.02 percent. Commercial drivers have a stricter limit of 0.04 percent. The state has both DUI laws and laws regarding "Driving with an Unlawful Alcohol Concentration" (DUAC), which means even if you appear sober but have a BAC over the legal limit, you may still be charged. Penalties escalate for repeat offenses and can include ignition interlock device requirements, community service, mandatory alcohol education programs, and lengthy license suspensions. South Carolina also has implied consent laws, meaning drivers automatically agree to submit to breath, blood, or urine testing if suspected of impaired driving. Refusing a chemical test can result in automatic license suspension and other consequences.

Frequently Asked Questions

What qualifies as drunk driving in South Carolina?

Drunk driving means operating a vehicle with a BAC of 0.08 percent or higher for adults, or impaired driving regardless of your measured BAC, due to alcohol or drugs.

What happens if I refuse a breathalyzer test?

Refusing a breathalyzer or other chemical test results in an automatic license suspension due to South Carolina’s implied consent laws, even if you are not later convicted of DUI.

What are the penalties for a first-time DUI offense?

Penalties for a first-time DUI can include a fine, 48 hours to 30 days in jail (which may be served through public service), license suspension for six months, and required completion of the Alcohol and Drug Safety Action Program.

Can I be arrested for DUI if I'm taking prescription drugs?

Yes, if prescription or even over-the-counter drugs impair your ability to drive safely, you may be charged with DUI.

Is it possible to get my DUI charge reduced or dismissed?

Depending on the circumstances, legal defenses may be available that could reduce or dismiss charges, such as challenging the traffic stop, the accuracy of BAC testing, or demonstrating lack of impairment.

How does a DUI conviction impact my driving license?

A conviction typically leads to automatic license suspension, with the length increasing for repeat offenses or higher BAC levels. You may be eligible for provisional licenses in some situations.

What is an ignition interlock device and will I have to install one?

An ignition interlock device is a breathalyzer installed in your car that requires you to test your BAC before starting the vehicle. Multiple offenses or high BAC levels may require this device.

Does a DUI charge stay on my record forever?

DUI convictions stay on your criminal record in South Carolina and can impact background checks. South Carolina does not currently allow for DUI expungements in most cases.

Can I represent myself in court for a DUI charge?

You have the right to represent yourself, but DUI law is complex and the stakes are high. Most people benefit from an experienced attorney’s help.

What should I do immediately after getting charged with DUI?

Document the situation, avoid discussing the incident with anyone except your lawyer, request a DMV hearing within 30 days if you refused testing or failed the test, and seek legal advice promptly.

Additional Resources

- South Carolina Department of Motor Vehicles (DMV) for information on license suspension and hearings - South Carolina Judicial Department for court forms and legal procedures - South Carolina Criminal Justice Academy for understanding law enforcement procedures - Alcohol and Drug Safety Action Program (ADSAP) for education and intervention programs - Local legal aid organizations providing support for those who cannot afford private counsel

Next Steps

If you are facing a drunk driving charge in South Carolina, act quickly to protect your rights. Collect all documents related to the arrest, including police reports and any court summons. Avoid discussing your case with law enforcement or others without a lawyer present. Consider consulting with a local attorney experienced in South Carolina DUI law, who can review your case, inform you of your options, and represent you in court or at DMV hearings. Timeliness is critical, especially if you need to request a hearing to challenge your license suspension. Taking early and informed action increases your chances of a favorable outcome.