If you are at least 21 years of age in South Carolina, it is illegal to operate a motor vehicle with a blood alcohol level of 0.08% or greater. If you are under 21 years of age, you are driving illegally with a blood alcohol level of 0.04% or greater.
A DUI is a serious offense punishable by imprisonment, hefty fines, and license suspension. Even first-time offenders face 48 hours in prison, a $400 fine, and six months in jail. If you are a repeat offender, you can expect more severe penalties, with potential license revocation.
If you have been charged with multiple DUIs, keep reading to learn about the penalties you may be facing when prosecuted under the law and how a SC DUI defense attorney can help you.
South Carolina Law on Driving Impaired
Under South Carolina Code §56-5-2930, it is illegal for a person to operate a motor vehicle if his or her capabilities are “materially and appreciably impaired.” The state imposes a legal limit of 0.08 percent since it has been proven that most individuals with a BAC of 0.08 percent have slowed reflexes, impaired reasoning skills, and visual disturbances.
Even if your blood alcohol level reads over the legal limit, it may be a false positive.
Breathalyzer tests are notorious for providing inaccurate readings for individuals with certain medical conditions, such as diabetes. A South Carolina DUI defense attorney will gather the necessary evidence to question the reliability of the test.
Felony DUI Offender
While first and second-time DUI offenders do face harsh penalties, third-time and subsequent DUIs are typically classified as felony offenses. According to South Carolina law, a third-time offender may face the following penalties:
- 60 days to three years in prison
- $3,800 to $6,300 in fines
- For a third DUI offense, your license will be suspended for two years. If your third DUI offense took place within five years of the first offense, your license will be suspended for four years
Unlike prior DUIs that are misdemeanor offenses, a third DUI is a felony offense if committed within a 10-year period. If anyone suffered great bodily injury, then you may be fined up to $10,100, possibly facing a 15-year sentence. If anyone dies as a result of your drunk driving, then you may be fined as much as $25,100, with a potential incarceration of 25 years.
If you have committed a fourth DUI offense in a ten-year period, then you will be sentenced to between one to five years in jail. Additionally, your license will be permanently revoked. Even if you are a multiple DUI offender, hiring experienced counsel can make all the difference. Our South Carolina DUI defense attorneys have helped thousands of clients get a reduced sentence and are ready to assist you.
Habitual Traffic Offender
If you have been charged with ten or more traffic violations in a three-year period, you will be charged as a habitual traffic offender. Besides traffic violations, three or more convictions for separate offenses can result in a habitual offender charge. Separate offenses may include reckless homicide, manslaughter, and reckless driving charges.
Knowledgeable Representation from a SC DUI Defense Attorney
A DUI conviction can strip you of your civil liberties and driving privileges. If you have been charged with a DUI, now is the time to retain knowledgeable counsel. To schedule a meeting with one of our SC DUI defense attorneys, contact us by phone or by completing our online intake form.