First-Offense DUI Attorneys Defending The People Of Charleston

When you are facing a South Carolina drunk driving first offense, it can feel overwhelming. A DUI conviction comes with not only criminal penalties but also social stigma and civil consequences that can severely disrupt your life. If you find yourself in this situation, you cannot go up against the prosecution alone. You need a team of experienced and trial-tested attorneys to help you through this difficult time. That team is Young & Young, Attorneys at Law.

We are a team consisting of seasoned criminal defense attorneys with experience as both former prosecutors and a magistrate judge. We possess a deep understanding of the court system in Charleston County, backed by a strong network of professional relationships within the local courts. When you choose to work with us, you will work directly with one of our Charleston first DUI lawyers, Adam D. Young and Kelley F. Young. We will never have your case passed off to an inexperienced associate. With us on your side, you can rest assured that we will fight aggressively to protect your rights and defend your freedom against an unfair conviction. Contact us today to schedule a complimentary consultation with our team.

What Are The Penalties For A First-Offense DUI In South Carolina?

South Carolina has a variety of penalties that may apply for a first-time DUI, depending on the severity of the intoxication at the time you are arrested. This is broken down based on the blood alcohol content (BAC) that you register based on either a breathalyzer test or a blood test.

Penalties For BAC From .08% To .10%

For the lowest level of intoxication, the penalties consist of a fine of $400, which is combined with other assessments for a total of nearly $1,000. Additionally, the court has the discretion to assign between 48 hours and 30 days of jail time, and/or community service. Finally, a six-month license suspension is mandatory.

Penalties For BAC From .10% To .16%

For a higher BAC, the initial fine is increased to anywhere between $500 and $1,000, not including the additional assessments. The minimum amount of jail time or community service is increased to 72 hours, with a maximum of 30 days. The mandatory license suspension also remains unchanged at six months.

Penalties For BAC From .16% And Higher

Finally, at the highest levels of BAC, a maximum fine of between $1,000 and $5,000 will be imposed. Additionally, the minimum jail time or community service is increased to 30 days, with a possible maximum of 90 days. Lastly, the mandatory license suspension is still six months.

Additional Penalties After A First-Time DUI Offense

For anyone convicted of a DUI in South Carolina, there are two other requirements that must be fulfilled: a mandatory safety course and a proof of insurance filing.

SR-22 Insurance Form

Anyone who has a DUI conviction must ensure that they have an SR-22, a certificate of responsibility that serves to prove that they have obtained the minimum required liability coverage for their auto insurance policy in their state. It is your responsibility to purchase a policy that meets this requirement, and then your insurance company will submit the SR-22 to your state on your behalf. Failure to maintain your insurance coverage could result in a license suspension.

Alcohol And Drug Safety Action Program

After a first-time DUI conviction, you are required to enroll in an Alcohol and Drug Safety Action Program, or ADSAP, within 30 days of your conviction. These are courses offered by certified providers in South Carolina who take a personalized approach to your situation, creating a plan to help reduce your chance of committing a future DUI. For a first-time DUI conviction, you may be eligible to obtain a provisional driver’s license that lasts for six months so long as you remain in your ADSAP. These courses can range in cost, with an average course being around $500 to enroll and potentially up to $2,000 in additional treatment fees throughout your ADSAP.

Is Your Driver’s License Immediately Suspended After A DUI Arrest?

The short answer is no; in most cases your driver’s license will not be immediately suspended after a DUI arrest; however, there are factors that could change this answer. There are two situations that may lead to an immediate license suspension: refusing to take a BAC test, or having a BAC of .15% or higher. South Carolina has an implied consent law that states that if you are driving in the state, you automatically agree to taking a chemical BAC test from law enforcement if they believe you are driving under the influence. If you refuse to take a test, this will result in an immediate license suspension, even if you are not summarily convicted of a DUI. Whether you refused to take a chemical test or tested above a BAC of .15%, both will result in a six-month license suspension.

Aside from the criminal proceedings after a DUI arrest, there are also the administrative proceedings before the Office of Motor Vehicle Hearings (OMVH). If you are charged with a DUI, this results in an automatic administrative license suspension by the state. You must request an implied consent hearing before the OMVH in order to challenge this automatic process within 30 days of being charged. During this period, you may apply for a temporary alcohol license to allow you to continue to drive legally. If you fail to file your challenge or if your challenge is unsuccessful, your license will remain administratively suspended and you will only be able to apply for a route-restricted license that only permits driving for essential purposes such as to your job, school and home.

Do Not Face DUI Charges Alone | Call Us Today

DUIs, whether your first or subsequent charge, are a serious matter. You need to have a dedicated team of trial-hardened attorneys on your side in order to help you navigate the criminal justice system, negotiate your charges on your behalf, challenge flimsy evidence and help minimize the disruption to your life. At Young & Young, Attorneys at Law, we can help you. Call our team at 843-619-7755 or send us a message online to schedule a free, confidential consultation with a member of our team. Put our experience to work for you and let us fight for your rights.