Serving DWI Arrests in South Carolina: What You Need to Know
If you’ve been arrested for a DUI in South Carolina, you’re likely wondering how to minimize the impact of a drunk driving conviction on your education, career, and personal life. Understanding your rights and South Carolina’s specific DUI laws can help you make informed decisions about your case.
Discuss drunk driving charges with the experienced DUI defense lawyers at Brad C. Richardson Law Firm in Myrtle Beach, Conway, or Marion, SC.
Overview of South Carolina Drunk Driving Laws
South Carolina criminalizes drunk and drugged driving in the following three ways:
Driving Under the Influence (DUI) of Drugs or Alcohol (S.C. Code § 56-5-2930)
You may be charged with driving under the influence (DUI) if alcohol, illegal drugs, or any controlled substance materially impaired your driving ability. Even if you only had one drink and it mixed poorly with a prescription medication, you can be charged with a DUI under § 56-5-2930.
Driving with an Unlawful Alcohol Concentration (DWI) under S.C. Code § 56-5-2933
Also known as a ‘per se’ DWI, you may be charged under this code section even if you were driving safely. This statute makes it unlawful to operate a vehicle if your blood alcohol content is above 0.08%. This is an automatic DWI. If your blood alcohol content was between 0.05% and 0.079%, your conviction isn’t automatic. Police must submit additional evidence, such as dashcam footage, to sustain the conviction.
Felony DUI (S.C. Code § 56-5-2945)
If you drove under the influence of alcohol or drugs, violated another traffic law, and caused an accident resulting in another person’s death or serious bodily injury, this is a felony DUI under § 56-5-2945. Felony DWIs are serious charges necessitating immediate help from an experienced drunk driving defense attorney in South Carolina.
South Carolina DUI Penalties
Unlike other traffic offenses that a criminal defense lawyer can get expunged (removed) from your record, DUIs stay on your criminal history for life. The penalties for non-felony DWIs under §§ 56-5-2930 and 2933 depend on your past drunk driving history:
- First Offense: Six-month license suspension, up to 30 days in prison, and fines of around $992, and you will be required to install an ignition interlock device.
- Second Offense: Up to $10,744.50 in fines and fees, up to one year in prison, and a one-year driver’s license suspension, and you will be required to install an ignition interlock device for an extended period.
- Third Offense: Up to three years in prison, two years with a suspended license, over $13,000 in fines and assessments, and potential vehicle confiscation, and you will be required to install an ignition interlock device for even longer.
- Fourth and Subsequent: All other penalties, plus up to five years in prison and permanent revocation of your driver’s license.
Felony DUI convictions may result in mandatory fines of $20,000 to $52,000, as well as imprisonment. You may face up to 15 years in jail for causing a serious physical injury and up to 25 years for a fatal accident.
Your Defense Attorney for South Carolina DUI/DWI Charges
Because drunk driving charges carry severe penalties, the statutes also provide for numerous defenses. At Brad C. Richardson, our dedicated South Carolina DUI criminal defense lawyers can challenge the blood alcohol test, consent, traffic stop, breathalyzer, and field sobriety tests, as well as any other relevant evidence. Contact our drunk driving defense team immediately at (843) 488-4321 or online to discuss your case.