Anyone can be charged with DUI. People charged with South Carolina DUI aren’t only so-called “criminals.” Those from all different backgrounds and all walks of life can face charges for driving under the influence of alcohol or drugs. Just going out for a fun evening with friends and have three or four drinks can end up costing you a lot on many different levels. It can impact your finances, cause you to lose your license and your job, and impact your social life. If you are charged with DUI in South Carolina, you should consult with an experienced Greenville DUI attorney . Lauren Taylor is a knowledgeable attorney who has helped many Greenville residents challenge DUI charges.
What are the Different Aspects of Being Charged a DUI in South Carolina?
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There are usually two parts of a Greenville DUI charge. The first part is the possible suspension of the driver’s license
because of implied consent. An administrative hearing is available if you would like to dispute the suspension of your license. This involves cases where the driver refused to provide a breath sample after requested to do so by the police or that the sample was given, but the BAC was .15% or higher.
South Carolina has an implied consent law that says anyone who operates a motor vehicle in the state is giving permission to have chemical tests of his breath, blood, or urine done for the purpose of determining the presence of drugs, alcohol, or a combination of the two. Based on the state’s implied consent law, your driver’s license will be suspended anywhere from one-month to 15 months for failing to refuse the breath test, which is known as the Datamaster.
The length of the driving suspension is dependent upon if you submit to the test, if you refuse the test, and how many previous DUI offenses you have gotten on your driving record during the last ten years. Here are some different scenarios:
Refusal to Submit to the Blood Alcohol Test – Refusing to blow a Datamaster test will automatically lead to your driver’s license being suspended anywhere from 6 months to 15 months. The timeframe is dependent upon how many DUI convictions you have had during the last ten years.
Submitting to the Blood Alcohol Test – If you agree to submit to a Datamaster breathalyzer test, your license will only be suspended if it shows your BAC is .15% or higher. As an example, if you have no previous DUIs and you have a BAC of .15% or greater, your license will be suspended for a month. With no prior DUIs and refusal of a breathalyzer, you will face a six-month license suspension. Someone with three prior DUI convictions during the last ten years and a BAC of .15% or higher will lose their license for four months while that same individual who refuses the Datamaster test will see a 15-month license suspension.
For a fee of $200, you can request an administrative hearing. After the hearing has been requested and it has been processed, you can apply for a Temporary Alcohol License by paying the DMV $100. You can use the temporary license up until the time of the administrative hearing. The license allows you to drive unrestricted, but the suspension of the license will be held until the administrative hearing is over. If your hearing is successful and you are found not guilty, the suspension will end as soon as the hearing officer’s order is issued. If your hearing doesn’t end in your favor, the suspension goes into effect, and your temporary license is revoked.
You might be eligible to apply for a route-restricted license, which will let you drive during the rest of your license suspension. However, with the restricted license, you can only travel to certain locations, such as work or college. If you just wait until the suspension completes, you must pay the DMV $100 and enroll in the alcohol and drug program.
The second part of the DUI law involves the criminal offense. The law actually states: “It is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol.”
There is also a statute enacted that makes it illegal to drive a motor vehicle if the BAC is .08% or higher. Being impaired doesn’t serve as an element of DUAC because you might be capable of driving but have a BAC of .08% or higher. Convictions of DUAC or DUI have the same penalties. The state will look back on your record for ten years to see if you have prior convictions of DUAC or DUI. There are DUI implications that are separate from those resulting from the implied consent statute enforced by the state as well. So, if you refuse to take the breathalyzer and are then convicted of DUI, you could be facing a sixth-month suspension of your license. SIx months would be for refusing the test and the other six months would be for being found guilty of your first offense DUI.
A first offense DUI with a BAC lower than .10% is a misdemeanor, which can result in a $400 fine or 48 hours to 30 days in jail, which might be served doing public service. A six-month license suspension is required. A first offense DUI/DUAC with a BAC of .10% to .15% results in a $500 fine or 72 hours to 30 days in jail which might be served by public service. A BAC of .10 to .14% results in a six-month license suspension. If you have a BAC exceeding .15% on your first offense, you will face a $1,000 fine or 30 to 90 days in jail or community service with indefinite license suspension.
What Should I Do if I am Charged With A South Carolina DUI Charges?
If you have been charged with DUI in Greenville, you should consult with Lauren Taylor Law today to protect your rights. As a knowledgeable and experienced Greenville DUI attorney, she has represented hundreds of clients facing such charges. Call today to schedule an initial consultation.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.