How To Beat A Dui In Sc

S Carolina'southward drunk driving laws are strict. Y'all tin be convicted for having a blood alcohol concentration (BAC) of 0.08% regardless of your level of damage, and a conviction for a first-time offense can mean fines, jail time, and other penalties.

If yous are facing a drunk driving accuse, it is of import to understand how South Carolina's DUI laws utilize to your situation. Is your BAC plenty to warrant a conviction? Could y'all be facing charges in addition to a DUI? What penalties are at pale in your case? These are all disquisitional questions—and you demand to larn the answers as soon as possible.

Overview of S Carolina's DUI Laws

So, yous are facing a DUI accuse in S Carolina. What do you need to know? Hither is an overview of Due south Carolina'southward DUI laws:

Operating a Motor Vehicle While Under the Influence of Alcohol

In that location are two ways you can face a DUI accuse in South Carolina. The first involves operating a vehicle while under the influence of alcohol. Nether Department 56-6-2930 of the South Carolina Lawmaking of Laws, if you lot are "under the influence of alcohol to the extent that [your] faculties to drive a motor vehicle are materially and appreciably impaired," so you tin can face a DUI charge regardless of your BAC.

Driving with an Unlawful Booze Concentration (Per Se DUI)

The 2d way you tin face up a DUI charge in Southward Carolina is based on your BAC. If y'all are driving and your BAC is 0.08% or above, so yous are in violation of South Carolina law. For this type of DUI accuse, it doesn't matter whether you are still able to drive safely. If your BAC is over the legal limit, this alone is enough to institute criminal culpability. This is known as a per se DUI.

Penalties for a DUI in South Carolina

Under South Carolina police force, the penalties for operating a motor vehicle while under the influence of booze and for a per se DUI are the same. These penalties increase for loftier BACs and for second and subsequent offenses. If y'all are facing a DUI charge as a first-fourth dimension offender and your BAC was less than 0.10% (or your BAC wasn't measured), the penalties you are facing under Due south Carolina's DUI laws include:

• Up to a $400 fine
• Nearly $600 in additional assessments and surcharges
• 48 hours to xxx days in jail (the approximate may sentence you to customs service in lieu of jail time)
• Loss of your driver's license for six months

If your BAC was 0.x% or higher up, you are facing upwardly to a $500 fine and a minimum of 72 hours of jail time or community service. If your BAC was 0.16% or above, you are facing upwards to a $1,000 fine and a minimum of 30 days of jail time or community service.

The penalties for repeat offenders increase dramatically under Southward Carolina's DUI laws. For example, if this is your second crime, you lot are facing $2,100 to $v,100 in fines plus an additional $5,600 in assessments and surcharges. You are also facing up to 1 twelvemonth in jail and a one-year driver's license break. If this is your third offense, you are facing more than $13,000 in financial penalties, up to three years of imprisonment, and loss of your driving privileges for two years.

Felony DUI

In most cases, a DUI is a misdemeanor law-breaking under South Carolina police. Yet, it is possible to face up a felony DUI charge in some circumstances.

Specifically, prosecutors can pursue felony DUI charges in cases involving accidents resulting in "slap-up bodily injury or death." Under Department 56-5-2945 of the South Carolina Code of Laws, "keen actual injury" is defined as an injury that, "creates a substantial risk of expiry or which causes serious, permanent disfigurement, or protracted loss or impairment of the office of any bodily member or organ."

In felony DUI cases, the penalties that are at pale depending on whether the blow results in smashing bodily injury or decease. When an accident results in great bodily injury, potential penalties include more than than $20,000 in financial liability and anywhere from 30 days to 15 years of imprisonment. When an accident results in death, potential penalties include more than $l,000 in financial liability and from one to 25 years behind bars.

Unsaid Consent Violations

Under South Carolina's unsaid consent law (Section 56-5-1950 of the South Carolina Code of Laws) all drivers are required to submit to a breath, blood, or urine test when they get pulled over on suspicion of DUI. If y'all turn down testing during a DUI cease, you can be charged with an unsaid consent violation in addition to being charged with a DUI.

Under Section 56-5-2951, unsaid consent violations carry an automated 90-day driver's license intermission. This increases to 180 days if yous accept a prior booze-related conviction or interruption on your tape. However, like to DUI charges, there are several potential defenses to implied consent violations, and you should consult with a lawyer promptly almost protecting your ability to bulldoze.

Open Container Violations

In addition to implied consent violations, many individuals who are charged with DUI in Southward Carolina volition as well face up charges for open up container violations. Under Sections 61-four-110 and 61-six-4020 of the South Carolina Code of Laws, if you lot accept an open container anywhere in your vehicle except the trunk or luggage compartment, you can face an additional $100 fine and upwardly to 30 days in jail.

While South Carolina's DUI laws establish several different offenses that deport several different penalties, the laws establish several defenses to DUI charges and related offenses equally well. For an overview of these defenses, y'all tin read 5 Types of Defenses to DUI Charges in Southward Carolina.

Talk to a Rock Hill, SC DUI Lawyer for Free

If you are facing a DUI charge in S Carolina, it is important that you lot speak with a lawyer as shortly as possible. To schedule a free, no-obligation consultation with Rock Colina, SC DUI lawyer Michael L. Brown, Jr., telephone call 803-328-8822 or get in touch online now.

Source: https://www.mlblaw.com/south-carolina-dui-laws-what-you-need-to-know-after-an-arrest/

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