Charged with a DUI, DUAC, or Drunk Driving in South Carolina?
SC Drunk Driving Defense Attorney: (803) 351-3597
If you have been pulled over for drunk driving in South Carolina then you likely have questions on DUI Law… Read our FAQ below and call our DUI defense attorneys today for questions about your case.
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SOUTH CAROLINA DUI FAQ
What are the potential penalties for a DUI in South Carolina?
Suspension or restriction of license, fines up to $10,000, jail time, a requirement that an ignition interlock device be installed in your car, a requirement that you obtain SR-22 vehicle liability insurance to have your driving privileges reinstated, a misdemeanor or felony conviction, community service, and attendance at an Alcohol and Drug Safety Action Program (ADSAP).
What does it mean to be “impaired”?
Under South Carolina DUI law, one is impaired when their “faculties to drive a motor vehicle are materially and appreciably impaired.” The prosecution will have the task of proving this was the case beyond a reasonable doubt. SC Code § 56-5-2930(a)
What if I’m given a breathalyzer; does that result decide my fate?
A breathalyzer test is used to show probable cause for a DUI arrest and as evidence of the arrested person’s impairment in court. However, there are several requirements for a proper breathalyzer test, and any mistake made by the officer administering the breathalyzer test can weaken the test’s reliability. Blowing above a .08 does not automatically make a person guilty of DUI.
Do I have to take a breathalyzer?
In South Carolina, when you applied for your driver’s license you consented to tests like the breathalyzer. However, you do have a right to refuse. Also, the officer requesting that you take the test must inform you of this right to refuse. However, refusing a test (blood, breath, or urine) may result in an automatic suspension of your license for six months.
If I fight the DUI charge, is it simply my word against the arresting officer’s?
In South Carolina, all aspects of a DUI must be documented by video unless the officer produces a sworn affidavit stating that videotaping was physically impossible. This videotape can be used at trial as proof of exactly what happened during the arrest.
If I was arrested for DUI and given a breathalyzer, was I videotaped by the officer?
An officer making a DUI arrest and issuing a breathalyzer must video the conduct at the incident site and the breath test site beginning when the officer’s blue lights turn on. This video is admissible in trial.
What if the driver is underage?
If an underage driver has a blood alcohol content of only .02 or higher, that driver will automatically receive a 3 month suspension of their driver’s license.
Can I get a DUI on private property?
Yes; the DUI statute applies to anywhere in the state, including private property.
As a result of my arrest for DUI, my license was suspended and my case is still pending. Can I still drive?
By requesting an administrative hearing within 30 days of your arrest it is possible to get your license back while your case is still pending.
If I am convicted of DUI, must I enroll in a substance abuse program?
Yes, South Carolina requires that you enroll in the State’s Alcohol and Drug Safety Action Program (ADSAP). Someone convicted of DUI must enroll in this program no later than 30 days following that conviction.
For your FREE Consultation with a South Carolina DUI Lawyer, Call Now at (803) 351-3597 or E-mail firstname.lastname@example.org
Our South Carolina DUI Lawyers serve York County, Lancaster County, Chester County, Fairfield County, Fort Mill, Rock Hill, Tega Cay, Clover, and Indian Land. These are only a few of the courts in which we practice, and our DUI attorney will defend your case anywhere in South Carolina.
Published by Thomas Jeter