Navigating the Moments After an Arrest
Being pulled over and arrested for Driving Under the Influence (DUI) in Denmark, South Carolina, is a stressful and disorienting experience. Your mind races with questions about what happens next, what it means for your driver’s license, and the potential for fines or even jail time. Understanding your rights and the immediate steps to take can significantly impact the outcome of your case. The actions you take in the hours and days following a DUI arrest are critical for building a strong defense.
The Immediate Aftermath: What Happens After a DUI Stop?
After being arrested on suspicion of DUI in South Carolina, you will be taken into custody. The process typically involves being transported to a police station or detention center for booking. Here, you will be formally charged, and the officer will likely request that you submit to a chemical test—usually a breathalyzer—to measure your Blood Alcohol Concentration (BAC).
It’s important to understand South Carolina’s “implied consent” law. This law states that by driving on South Carolina roads, you have already consented to a chemical test if lawfully arrested for a DUI. While you can refuse the test, this refusal carries immediate consequences, including an automatic suspension of your driver’s license.
Understanding South Carolina’s DUI Laws
In South Carolina, a driver can be charged with a DUI if their ability to drive is “materially and appreciably impaired” by alcohol or drugs. The state also has a specific offense called Driving with an Unlawful Alcohol Concentration (DUAC) for operating a vehicle with a BAC of 0.08% or higher. The legal limits are even lower for commercial drivers (0.04%) and drivers under 21 (0.02%).
The penalties for a DUI conviction depend heavily on your BAC level and whether you have prior offenses. Even a first offense can lead to serious consequences. With the help of an experienced criminal defense attorney, you can better navigate these complexities.
| Offense Tier (Based on BAC for 1st Offense) | Potential Jail Time | Fines (Approximate, with court costs) | License Suspension |
|---|---|---|---|
| BAC under 0.10% | 48 hours to 30 days | Up to $400+ | 6 months |
| BAC 0.10% to 0.15% | 72 hours to 30 days | Up to $500+ | 6 months |
| BAC 0.16% or higher | 30 to 90 days | Up to $1,000+ | 6 months (plus other requirements) |
Note: Penalties increase significantly for second and subsequent offenses. These figures do not include mandatory enrollment in the Alcohol and Drug Safety Action Program (ADSAP) or SR-22 insurance requirements.
Your Step-by-Step Guide After a DUI Arrest
Step 1: Remain Calm and Respectful, But Silent
It is crucial to be polite and cooperative with law enforcement, but you have the right to remain silent. You are not required to answer questions about where you were coming from or what you have had to drink. Politely state that you wish to speak with an attorney before answering any questions.
Step 2: Understand the Administrative License Suspension
If you refuse a breath test OR if you take the test and your BAC is 0.15% or higher, the officer will likely confiscate your license on the spot. This triggers an administrative license suspension, which is a separate process from your criminal DUI charge.
Step 3: Act Quickly—Request an Administrative Hearing
You have only 30 days from the date of your arrest to request an administrative hearing to challenge the automatic license suspension. Failing to do so means you waive your right to fight it. This hearing is critical for potentially getting your driving privileges reinstated while your criminal case is pending. An attorney can file this request for you and represent you at the hearing.
Step 4: Document Every Detail
As soon as you can, write down everything you remember about the traffic stop and arrest. Include details like the reason the officer gave for pulling you over, the road conditions, what you were asked, the field sobriety tests you performed, and how the chemical test was administered. These details can be vital for your defense.
Step 5: Contact an Experienced DUI Attorney Immediately
Navigating the legal system alone is overwhelming and can lead to severe, long-lasting consequences. Seeking legal representation from a firm with deep knowledge of South Carolina’s laws and local court procedures is the most important step you can take. A qualified attorney can protect your rights, challenge evidence, and work towards the best possible outcome.
Local Guidance for Denmark and Orangeburg County
If you were arrested in Denmark, SC, your case will likely be handled in the courts of Bamberg or Orangeburg County. Having a local attorney who is familiar with the area’s judges, prosecutors, and law enforcement practices can be a significant advantage. At the Law Office of Belinda Davis-Branch, we have provided dedicated legal services to this community for over 25 years, offering compassionate and zealous representation to protect your future.
Protect Your Rights and Your Future
A DUI charge does not have to define your life. Taking swift, informed action is the key to protecting your license, your reputation, and your freedom. Contact the Law Office of Belinda Davis-Branch today for a consultation to discuss your case.
Frequently Asked Questions (FAQ)
Can I get a DUI for driving under the influence of prescription medication?
Yes. South Carolina’s DUI law applies to impairment from alcohol, drugs, or a combination of both. This includes legally prescribed medications if they “materially and appreciably” impair your ability to drive safely.
Will a DUI conviction in Denmark, SC give me a criminal record?
Yes, a DUI conviction is a criminal offense that will result in a permanent criminal record in South Carolina. An experienced attorney can explore options to potentially reduce the charge to a non-criminal offense or seek an acquittal to avoid this outcome.
How long will my license actually be suspended for a first DUI?
For a first-offense conviction, the suspension is typically six months. However, the suspension can be longer depending on your BAC level or if you refused the breath test. You may be eligible for a provisional license or an ignition interlock device, which allows you to drive under certain restrictions.
What is the difference between the administrative suspension and the criminal suspension?
The administrative suspension is handled by the DMV and is triggered by refusing a chemical test or having a high BAC (0.15%+). It is immediate. The criminal suspension is a penalty imposed by the court only if you are convicted of the DUI charge. You can face both suspensions separately.