DRIVING UNDER THE INFLUENCE (DUI) - MISDEMEANOR & FELONY
South Carolina law prohibits a person from driving a motor vehicle while under the influence of drugs or alcohol to the extent that the individual’s faculties to drive are materially and appreciably impaired.
With strict laws in place, you may be convicted for having a blood alcohol concentration (BAC) of 0.08% regardless of your level of impairment.
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A conviction for a first-time offense with BAC of less than 0.10% (or unmeasured) may mean fines up to $400, 48 hours - 30 days in jail, additional assessments and surcharges, and loss of your driver’s license for six months.
For repeat offenders, the escalating penalties are swift and sharp. For example, a second offense may incur up to $5,100 in fines plus an additional $5,600 in assessments and surcharges along with up to one year in jail and a one-year driver’s license suspension. A third offense may mean more than $13,000 in penalties, up to three years of imprisonment, and loss of driving privileges for two years.
The vast majority of DUI cases are considered misdemeanor offenses under South Carolina law. However, it is possible to face a felony DUI charge if a DUI-related accident results in “great bodily injury or death.” In felony DUI cases, contingent on the extent of physical injury, potential penalties may include $20,000+ in financial liability and a range of 30 days to 15 years of imprisonment. When an accident results in death, potential penalties include $50,000+ in financial liability and up to 25 years behind bars.
If charged with a DUI, it is important to contact a lawyer as soon as possible. At Erin Bailey Law, our DUI defense attorneys have been able to get the majority of our clients’ DUI charges resolved quickly, discreetly and without conviction.
Get in touch with our DUI defense lawyers today who have undergone extra coursework and training on datamaster machines used in South Carolina to measure BAC - this helps them understand how these applications work and, namely, how to tell when they do not.