The Consequences of a DUI Charge
If you have been charged with a DUI in South Carolina, you may be facing jail time, fines, and license revocation if convicted. The harshness of the penalties will depend heavily upon whether you have prior offenses, if you have an elevated blood alcohol level, and if there are any aggravating circumstances surrounding your arrest. In some cases, you may be eligible to have an ignition interlock device installed on your vehicle, allowing you to drive with a provisional or restricted license.
Hiring professional representation is key to getting the charges against you dismissed or obtaining a reduced sentence. If you have recently been accused of driving under the influence, the Greenville DUI defense attorneys at Ryan Beasley Law are prepared to develop a defense strategy to help reduce your time behind bars.
Imprisonment
Under South Carolina law, first-time offenders will be subject to a mandatory minimum of 48 hours in prison, serving a potential sentence of 30 days. Second-time offenders will receive a mandatory minimum five-day sentence, with a maximum imprisonment of one year. If you are a third-time offender, you may be sentenced between 60 days to three years in jail. A fourth-time or subsequent offender will be imprisoned for at least one year, with a potential sentence of five years.
These imprisonment ranges are based upon a blood alcohol concentration (BAC) below .10%. If you have an elevated BAC (.10% or higher), then you can expect a lengthier sentence if convicted. If you cause someone great bodily injury or death, then you will be charged with a felony DUI. You may be sentenced to 30 days to 15 years if you cause great bodily injury and one year to 25 years for any fatalities that result from your driving under the influence.
Fines
SC Code §56-52930 imposes fines based on the number of DUI offenses, the motorist’s blood alcohol concentration (BAC), and if anyone was seriously injured or killed. Even first-time offenders will be forced to pay steeper fines if they have an elevated BAC or if they are charged with a felony DUI.
The following fines will be imposed in accordance with South Carolina motor vehicle law:
- First offense: $400
- .10% to .15% BAC: $500
- .16% BAC or greater: $1,000
- Second offense: $2,100 to $5,100
- .10% to .15% BAC: $2,500 to $5,500
- .16% BAC or greater: $3,500 to $6,500
- Third offense: $3,800 to $6,300
- .10% to .15% BAC: $5,000 to $7,500
- .16% BAC or greater: $7,500 to $10,000
- Felony DUI
- Great bodily injury: $5,100 to $10,100
- Death: $10,100 to $25,100
Alcohol and Drug Treatment Program
Following a DUI conviction, you will be required to enroll in an Alcohol and Drug Safety Action Program (ADSAP) within 30 days of your conviction. The program is designed to help individuals identify what led to their drunk driving to help avoid recurrence. If you fail to enroll in ADSAP within 30 days, you may be found in contempt of court.
Ignition Interlock Device Program
DUI offenders face having their license suspended depending on prior offenses (even first-time offenders face a mandatory six-month suspension). If you are convicted of a DUI, you will be required to install an ignition interlock device (IID) in your vehicle if you want to drive. An IID connects to your vehicle’s engine, requiring you to breathe into the device to start your car. If your BAC is .02% or higher, your car will not turn on. If you are a first-time offender and your offense occurred before May 19, 2024, then participation in the IID program is optional.
Greenville DUI Defense Attorneys Offering Exceptional Representation
A DUI charge calls for innovative defense strategies, which is what you will find when you hire Ryan Beasley Law. Our Greenville DUI defense lawyers are prepared to challenge field sobriety tests, breathalyzer results, and even the methods law enforcement uses to gather evidence to protect your rights. A DUI offense will follow you around forever, so avoiding a conviction is essential to safeguarding your reputation. To discuss your case, contact us online or by phone at (864) 679-7777 to arrange your consultation.