SOUTH CAROLINA DUI

Blood Alcohol Level (BAC) for Driving Under the Influence (DUI) in South Carolina:

• Standard BAC: .08% or above
• Zero Tolerance BAC: .02% or above
• Commercial Drivers: .04% or above
• High BAC: .15% or above

Implied Consent and Chemical Test Refusal: If you refuse to take a BAC chemical test in South Carolina, you have violated South Carolina's Implied Consent Law and your license will be immediately suspended for 90 days. Implied Consent Law provides that if an officer stops you while you are driving and suspects that you have been drinking, you must take a chemical test either by urine, blood, or breath. You should get in touch with a South Carolina DUI lawyer if you have violated South Carolina's Implied Consent Law, or if you have been arrested for a DUI. DUI laws in South Carolina may differ from county to county, so it is important to have a lawyer on your side who knows the local laws.

DUI Arrest - Civil Case

Potential Penalties:

• License Suspension:
• First DUI Conviction: 6 months.
• Second DUI Conviction: 1 year

• Monetary Fines:
• First DUI Conviction: $400-$1,000 depending on your BAC.
• Second DUI Conviction: Between $2,100 and $6,500 based on your BAC level.

• Community Service: After your first DUI, you must complete between 48 hours and 30 days of volunteer work depending on your BAC at the time you were arrested.

• Probation: A South Carolina court may sentence you to probation.

• Motor Vehicle Impoundment: No.

• Ignition Interlock: Yes, you may have to install an ignition interlock device at your expense if you have been convicted multiple times of drunk driving.

• Prison Time:
• First DUI: Minimum of 48 hours, maximum of 90 days, depending on your BAC.
• Second DUI:

• BAC under .10%-Minimum 5 days, maximum 1 year.
• BAC between .10-.16%-Minimum 30 days, maximum 2 years.
• BAC above .16%-Minimum 90 days, maximum 3 years.

DUI Arrest - Criminal Charges: You may receive a serious punishment for your South Carolina DUI. Because you can be criminally charged, it is in your best interest to hire a South Carolina criminal lawyer to defend you.

Potential Criminal Consequences:

South Carolina law makes your third DUI a felony.

Reinstating Your License After DUI Conviction: If your license has been suspended or revoked for DUI in South Carolina, there are certain steps you must follow before your license will be reinstated. You must obtain from an insurance carrier, and have the insurance carrier file, a SR-22 Proof of Insurance form with the South Carolina Department of Motor Vehicles (DMV). Further, you must pay a reinstatement fee of $100. Lastly, you must complete the Alcohol and Drug Safety Action Program.

Effect of DUI on Car Insurance: You must file evidence of an SR-22 insurance policy if your driver's license has been suspended or revoked for DUI in South Carolina. SR-22 insurance can be very expensive. Expect your insurance rates to increase after a DUI conviction.

Effect of DUI on Driving Record: Expect a DUI to remain on your South Carolina driving record for ten years.

Under 21 and DUI: South Carolina retains a Zero Tolerance Law for underage drivers. This means that if you are under age 21, have a BAC of .02% or greater, and are caught operating a motor vehicle, your license will be suspended or revoked for as long as the South Carolina DMV deems appropriate. In addition, the South Carolina DMV will require you to show proof of a South Carolina SR-22 insurance policy before the DMV will reinstate your license. You should consult a South Carolina DUI lawyer if you find yourself in a drunk driving incident.

South Carolina Resources

South Carolina Department of Motor Vehicles
http://www.scdmvonline.com/DMVNew/default.aspx

South Carolina DUI statutes
http://www.scstatehouse.gov/code/t56c005.htm