An unexpected DUI charge can be overwhelming. Understanding the process is the first step toward protecting your future.
Being pulled over and charged with Driving Under the Influence (DUI) in South Carolina is a serious matter with immediate and potentially long-lasting consequences. The legal journey that follows an arrest can feel confusing and intimidating. It involves not only criminal court proceedings but also administrative actions from the Department of Motor Vehicles (DMV) that can impact your driving privileges. Knowing your rights, understanding the charges you face, and recognizing the importance of experienced legal counsel are critical components of navigating this challenging time.
A DUI charge is more than just a traffic ticket; it’s a criminal offense that can lead to fines, jail time, and a permanent mark on your record. This guide provides an overview of what to expect after a DUI arrest in South Carolina and why seeking professional legal help is essential for your defense.
The DUI Arrest and Initial Legal Process in SC
The process typically begins with a traffic stop. An officer must have “probable cause” or a reasonable suspicion that you have violated a law to pull you over. This could be for anything from speeding to weaving between lanes. After the stop, the officer will likely observe your behavior and may ask you to perform Field Sobriety Tests (FSTs) or take a preliminary breath test.
It is crucial to understand South Carolina’s “implied consent” law. By driving on SC roads, you have automatically consented to a chemical test (breath, blood, or urine) if lawfully arrested for a DUI. Refusing this test will result in an immediate suspension of your driver’s license, and that refusal can be used against you in court. After an arrest, you will be taken to the police station for booking, which includes fingerprinting and taking a formal breathalyzer test. The results of this test are a key piece of evidence for the prosecution.
Shortly after the arrest, you will have an arraignment, which is your first court appearance. Here, the judge will read the charges against you and you will enter a plea. This is also when bail may be set. Separate from the criminal case, you will need to address the administrative license suspension with the DMV. You have a limited time—typically 30 days—to request an administrative hearing to challenge the suspension. This is a critical step in trying to get your driving privileges back. For skilled assistance with this process, a criminal defense lawyer can be invaluable.
Understanding DUI vs. DUAC Charges
In South Carolina, you can be charged with either Driving Under the Influence (DUI) or Driving with an Unlawful Alcohol Concentration (DUAC). While they sound similar and carry the same penalties, there’s a key distinction.
Driving Under the Influence (DUI)
A DUI charge focuses on impairment. The prosecution must prove that your ability to drive was “materially and appreciably impaired” by alcohol or drugs. This can be established through the officer’s observations, your performance on field sobriety tests, and your driving behavior, even if your Blood Alcohol Concentration (BAC) is below the legal limit of 0.08%.
Driving with an Unlawful Alcohol Concentration (DUAC)
A DUAC charge is based solely on your BAC. If a chemical test shows your BAC was 0.08% or higher, you can be convicted of DUAC, regardless of whether your driving abilities were visibly impaired. Essentially, the BAC measurement itself is the evidence of the crime.
You cannot be convicted of both for the same incident. An experienced attorney can analyze the specifics of your case to determine the best defense strategy, whether you are facing a DUI or DUAC charge.
Potential Penalties for a DUI Conviction in South Carolina
The penalties for a DUI conviction in South Carolina are severe and increase with higher BAC levels and subsequent offenses. A conviction can impact your freedom, finances, and future.
| Offense | Jail Time | Fines | License Suspension |
|---|---|---|---|
| First Offense | Up to 90 days | Up to $1,000+ | 6 months |
| Second Offense | 5 days to 1 year | $2,100 – $5,100+ | 1 year |
| Third Offense | 60 days to 3 years | $3,800 – $6,300+ | 2-4 years |
Additional consequences include mandatory enrollment in an Alcohol and Drug Safety Action Program (ADSAP), SR-22 insurance requirements, and the mandatory installation of an Ignition Interlock Device (IID) on any vehicle you drive. Recent changes in South Carolina law now require an IID for any DUI conviction. These devices require the driver to provide a breath sample before the car will start. Navigating these penalties often requires expert legal guidance, such as that provided by a divorce, personal injury, and probate attorney in South Carolina with broad legal experience.
Building a Defense Against Your DUI Charge
An arrest is not a conviction. There are numerous ways to build a strong defense against a DUI charge. A knowledgeable attorney will scrutinize every detail of your case, looking for procedural errors or weaknesses in the prosecution’s evidence. Common defense strategies include:
- Challenging the Traffic Stop: If the officer did not have a valid, legal reason to pull you over, any evidence gathered from that point on could be suppressed.
- Questioning Field Sobriety Test Administration: These tests are subjective and must be administered according to strict standards. Improper instructions or consideration of medical conditions can invalidate the results.
- Contesting Breathalyzer Results: Breathalyzer machines must be properly calibrated and maintained. An experienced attorney can challenge the accuracy of the device or the qualifications of the operator.
- Violations of Your Rights: Officers must follow proper procedure, including reading your Miranda rights and correctly explaining the implied consent law on video. Failure to do so can be a powerful defense.
The right defense depends entirely on the unique facts of your case. This is why having a dedicated legal advocate on your side is so important. Explore your legal options by reviewing various legal services available to you.
Local Legal Support in Denmark and Orangeburg County
When facing a DUI charge in Denmark, South Carolina, having a local attorney who understands the Orangeburg County court system is a significant advantage. The prosecutors, judges, and law enforcement procedures can vary from one jurisdiction to another. Belinda Davis-Branch has deep roots in the community and offers compassionate, zealous representation grounded in over 25 years of local legal experience. She is committed to protecting the rights of her neighbors and achieving the best possible outcome for every client.
Protect Your Rights and Your Future
A DUI charge can disrupt your life, but it doesn’t have to define your future. With a skilled and caring legal advocate by your side, you can confidently navigate the complexities of the legal system. If you or a loved one is facing a DUI charge in Denmark or the surrounding areas, don’t wait to seek help.
Frequently Asked Questions (FAQ)
Do I have to take a field sobriety test in South Carolina?
No, you are not legally required to perform field sobriety tests (like the walk-and-turn or one-leg stand). These tests are voluntary and often subjective. You can politely decline to participate.
What happens if I refuse the breathalyzer test at the police station?
Under South Carolina’s implied consent law, refusing a chemical test after a lawful arrest will result in an automatic suspension of your driver’s license for at least six months for a first offense. The refusal can also be presented as evidence against you in court.
Can I get a DUI for driving under the influence of prescription medication?
Yes. The DUI law in South Carolina applies to impairment from alcohol, drugs, or a combination of substances. If your prescribed medication “materially and appreciably” impairs your ability to drive safely, you can be charged with a DUI.
Will a DUI conviction stay on my record forever?
In South Carolina, a DUI conviction typically cannot be expunged from your criminal record. It remains on your record permanently, which is why fighting the charge from the outset with an experienced attorney is so critical.