Best DUI & DWI Lawyers in South Carolina

About DUI & DWI Law in South Carolina, United States

Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are serious offenses in South Carolina. These laws are designed to reduce the risk of motor vehicle accidents caused by drivers who are impaired by alcohol or drugs. Under South Carolina law, it is illegal to operate a motor vehicle if your blood alcohol content (BAC) is 0.08 percent or higher, or if impairment by alcohol or drugs renders you incapable of safely driving. Law enforcement officers use a combination of field sobriety tests, breathalyzers, and blood or urine tests to determine impairment.

Why You May Need a Lawyer

DUI and DWI charges can have serious consequences, including fines, license suspension, mandatory alcohol education programs, increased insurance costs, community service, and even jail time. Legal representation is essential because:

• You may face criminal and administrative penalties that impact your day-to-day life.
• Repeat offenders or those involved in accidents may face increased penalties.
• Your defense may hinge on technicalities involving test administration or arrest procedures.
• An attorney can negotiate for reduced charges, plea deals, or advocate for alternative sentencing.
• Legal representation ensures your rights are protected during court proceedings.

Local Laws Overview

South Carolina enforces strict DUI and DWI laws with tiered penalties depending on prior offenses, BAC levels, and aggravating factors, such as accidents causing injury. Some key aspects include:

• Legal BAC Limit: 0.08 percent for drivers age 21 and over. Lower limits apply to commercial drivers (0.04 percent) and drivers under 21 (zero tolerance at 0.02 percent).
• Implied Consent: By operating a motor vehicle in South Carolina, you consent to BAC testing. Refusing to submit to a test can result in automatic license suspension.
• Penalties: First-time convictions can result in fines, jail time up to 90 days, and six-month license suspension. Penalties increase for subsequent offenses.
• Ignition Interlock Devices: Required for certain repeat offenders and those with high BAC levels.
• Zero Tolerance: South Carolina enforces stricter standards for underage drivers and commercial vehicle operators.
• DUI and Accidents: Penalties are more severe if the DUI involved an accident that caused injury or death.

Frequently Asked Questions

What is the difference between DUI and DWI in South Carolina?

In South Carolina, the terms DUI and DWI are often used interchangeably. The official charge is DUI. The law covers driving under the influence of alcohol or drugs to the extent that your faculties are materially and appreciably impaired.

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

A first-time DUI conviction can carry a fine ranging from 400 to 1,000 dollars, up to 90 days in jail, a six-month license suspension, addiction treatment programs, and increased insurance costs.

Will I lose my driver's license after a DUI arrest?

License suspension is possible after a DUI arrest, especially if you refuse a BAC test or your BAC is over the legal limit. Administrative suspension can occur even before a conviction, but you can request a hearing to contest the suspension.

Is jail time mandatory for a DUI in South Carolina?

Jail time is possible for all DUI convictions but not always mandatory for first offenses, depending on the circumstances and BAC level. Judges may order alternative sentences like community service or alcohol education.

Can I refuse a breathalyzer or blood test?

Refusing a test is your right, but will result in automatic license suspension under South Carolina's implied consent laws. It can also be used as evidence against you in court.

What happens if I am under 21 and charged with DUI?

Drivers under 21 are subject to the state’s zero tolerance policy. A BAC of 0.02 percent or higher is illegal, and convictions lead to strict penalties, including license suspensions and mandatory programs.

Are DUI checkpoints legal in South Carolina?

Yes, police may set up DUI checkpoints. These must comply with specific legal requirements, including public notice, uniformed officers, and neutral criteria for stopping vehicles.

How long will a DUI stay on my record?

A DUI conviction in South Carolina stays on your criminal record indefinitely. It can also impact your driving record and insurance rates for many years.

Can I get a DUI removed from my record?

South Carolina does not allow DUI convictions to be expunged from your record. This makes it critical to fight the charges or seek reduced offenses whenever possible.

Do I need a lawyer if I plan to plead guilty?

Even if you intend to plead guilty, a lawyer can help you understand the consequences, explore possible defenses, negotiate plea agreements, and ensure your rights are protected throughout the process.

Additional Resources

If you are dealing with a DUI or DWI matter in South Carolina, several resources can provide valuable information and support:

• South Carolina Department of Motor Vehicles (SCDMV) - for information on license suspensions and reinstatement
• South Carolina Judicial Department - for court forms and process details
• South Carolina Bar Association - for lawyer referrals and legal information
• Local public defender offices - for individuals who cannot afford private legal representation
• Alcohol and Drug Safety Action Program (ADSAP) - mandatory for many DUI offenders

Next Steps

If you have been charged with a DUI or DWI in South Carolina:

• Do not discuss the case with police or others before seeking legal advice.
• Consult with a qualified DUI defense attorney as soon as possible to review your rights, the evidence, and your defense options.
• Request an administrative hearing quickly if your license was suspended due to refusal or failure of a BAC test - deadlines are strict.
• Gather any relevant documents, including the ticket, arrest report, and records of previous convictions.
• Follow all court and DMV requirements promptly, such as alcohol education or treatment programs.

A skilled lawyer can help you minimize the consequences and advise you on the best strategy for your particular situation.