When it comes to driving in South Carolina, the following conditions are strictly prohibited for drivers (as is the case with the other states in the nation). Drivers who:
- Have a blood-alcohol content, or BAC, of 0.08% or more. If the driver is operating a commercial vehicle, their BAC must be below 0.04%
- Are under the influence of any drug
- Are under the influence of any alcoholic substance
According to South Carolina law, the definition of “under the influence” is being impaired to the point at which the person’s ability to drive a motor vehicle is appreciably and materially impaired.
What happens if I have a BAC of 0.08% or more while driving?
If you were driving and had a BAC of 0.08% or more, there is a possibility that you may be convicted of a “per se DUI” no matter what your actual BAC was. The reading of your BAC may not always be consistent and the blood alcohol volume may not necessarily be the same or even reach an unacceptable level, depending on a number of different factors, such as your gender, the size of your body and the type of alcohol that you drank.
In the State of South Carolina, there are different penalties, depending on certain criteria, including the number of prior offenses that you have.
- For a first offense: You will get between 48 hours and 90 days in jail and will be fined between $400 and $1,000.
- For a second offense: You will serve between 5 days and 3 years in jail and have to pay between $2,100 and $6,500 in fines.
- For a third offense: You will serve between 60 days and 5 years in jail and have to pay between $3,800 and $10,000 in fines.
Solid advice from a DUI attorney
If you have been charged with a DUI, the advice of an experienced South Carolina DUI attorney may really help your case so that the outcome will turn out better than it would otherwise. A DUI charge is a very serious matter and having the right advice may enable you to protect your rights and to move on with your life. Everyone makes mistakes but what you do after that is what is most important.