Your Helpful Guide To South Carolina’s DUI Laws And Penalties
At Young & Young, Attorneys at Law, we understand the complexities of South Carolina’s DUI laws and the significant impact a DUI charge can have on your life. Our attorneys, Adam Young and Kelley Young are former state prosecutors with extensive experience in Charleston’s legal system. We are here to help you navigate the challenging terrain of DUI laws and pursue effective defense strategies for your case.
With over twenty-five years combined experience as both prosecutors and defense attorneys, our firm brings a unique perspective to your DUI case, allowing us to anticipate the prosecution’s strategies and build a strong defense.
South Carolina’s Implied Consent Law Explained
South Carolina, like many states, has an implied consent law. This means that by driving on South Carolina roads, you have implicitly agreed to submit to chemical tests if a law enforcement officer suspects you of driving under the influence. Refusing to take a breath, blood or urine test can result in automatic license suspension, regardless of whether you are ultimately convicted of DUI.
Our lawyers can explain the nuances of this law and advise you on your rights if you are faced with a request for chemical testing. We will work tirelessly to protect your interests and pursue avenues for a positive outcome in your case. Our attorneys can also guide you through complicated legal procedures, ensuring you fully understand your rights and the potential consequences of your decisions.
Underage DUI And Zero Tolerance In South Carolina
South Carolina takes a firm stance against underage drinking and driving with its zero-tolerance law. For drivers under the age of 21, any detectable amount of alcohol can result in DUI charges. The penalties can be severe, potentially derailing educational and career opportunities.
As seasoned trial lawyers, we at Young & Young have defended many young clients against these charges. We understand the court system inside and out and can develop strategies to address these serious allegations effectively. We recognize the unique challenges faced by young drivers accused of a DUI and work diligently to protect our clients’ future prospects while also addressing the immediate legal concerns.
The Consequences Of A DUI Conviction In South Carolina
The penalties for DUI in South Carolina can be severe and long-lasting. The penalties may include:
| Offense | BAC Level | Fine | Jail Time | License Suspension | Other |
|---|---|---|---|---|---|
| 1st Offense | 0.08% – 0.10% | $400 | 48 hours – 30 days | Six months | ADSAP*, IID required |
| 0.10% – 0.16% | $500 | 72 hours – 30 days | Six months | ADSAP*, IID required | |
| 0.16% or higher | $1,000 | 30 – 90 days | Six months | ADSAP*, Ignition Interlock Device (IID) for six months | |
| 2nd Offense | 0.08% – 0.10% | $2,100 – $5,100 | Five days – One year | One year | ADSAP*, IID for two years |
| 0.10% – 0.16% | $2,500 – $5,500 | 30 days – two years | One year | ADSAP*, IID for two years | |
| 0.16% or higher | $3,500 – $6,500 | 90 days – three years | One year | ADSAP*, IID for three years | |
| 3rd Offense | 0.08% – 0.10% | $3,800 – $6,300 | 60 days – three years | Two years | ADSAP*, IID for three years |
| 0.10% – 0.16% | $5,000 – $7,500 | 90 days – four years | Two years | ADSAP*, IID for three years | |
| 0.16% or higher | $7,500 – $10,000 | 6 months – five years | Two years | ADSAP*, IID for four years | |
| 4th or Subsequent Offense | Any | Up to $10,000 | One to seven years | Permanent revocation | ADSAP*, Possible vehicle forfeiture |
*ADSAP: Alcohol and Drug Safety Action Program
Note: This table provides general guidelines. Actual penalties may vary based on specific circumstances of each case. Minimum sentences may be suspended with completion of community service hours in some cases.
This table should provide a clear overview of the potential consequences based on prior offenses and BAC levels. It’s important to note that this information should be accompanied by a disclaimer stating that these are general guidelines and actual penalties may vary based on individual circumstances.
Recent Developments In South Carolina DUI Laws
South Carolina’s DUI laws have undergone significant changes in recent years. For instance, South Carolina now requires ignition interlock devices for anyone who is convicted of driving under the influence with a blood alcohol content (BAC) level of 0.02% or above, and there have been modifications to how BAC tests are administered and interpreted.
At Young & Young, we stay current with these legal developments. Our knowledge of the latest laws and procedures allows us to provide up-to-date, relevant advice to our clients facing DUI charges. We continuously educate ourselves on emerging trends and legal precedents in DUI law to ensure our clients receive the most effective and current legal representation possible.
Protect Your Rights With A Free DUI Consultation
If you’re facing DUI charges in Charleston, Mount Pleasant, or anywhere in Charleston County, don’t wait to seek legal help. At Young & Young, we offer free consultations to discuss your case and outline potential defense strategies.
When you work with our firm, you’re not just getting any lawyer – you’re getting experienced attorneys who know the local court system intimately. We’re available 24/7 to address your concerns and guide you through this challenging time.
Don’t let a DUI charge compromise your future. Contact Young & Young today to schedule your free consultation and take the first step toward addressing your DUI charges effectively. Call us at 843-919-7360 or contact us through an online form.