The State of South Carolina takes the crime of drinking and driving very seriously, and their DUI laws reflect this fact. If you have been charged with DUI, you face serious legal and social consequences that can have a serious impact on your life. An experienced Spartanburg DUI defense lawyer at Ryan Beasley Law has the legal skill to make a difference and welcomes the opportunity to help.
For a DUI Charge to Stick in Spartanburg
To convict you of the charge of driving under the influence (DUI) in South Carolina, there are several elements that must be met, including:
- You were driving at the time.
- You were intoxicated behind the wheel.
- You were intoxicated to the extent that your ability to drive safely was negatively affected.
The legal limit when it comes to a driver’s blood alcohol concentration (BAC) in South Carolina is .08 percent. You can, however, be charged with DUI even if your BAC is below this threshold. If your ability to drive safely is determined to have been appreciably and materially affected by alcohol, you can face a DUI charge.
South Carolina’s Strict Video Requirements
The State of South Carolina has exacting video requirements that must be upheld for a DUI charge to end in conviction. The basic requirements include starting the video during the traffic stop, which must begin no later than activation of the officer’s blue lights.
In addition, the entire breath test back at the station must be videotaped, including each of the following elements:
- The individual’s refusal or acceptance of the test
- The actions of the officer administering the test
- The test operator informs the individual that they are being recorded
- The individual’s conduct throughout the 20-minute observation period prior to the test
If there isn’t a valid reason for failing to adequately capture everything on video, the DUI charge against you will be dismissed.
A First DUI Charge in Spartanburg
A first DUI charge in South Carolina is generally classified as a misdemeanor. If someone was harmed or killed because of the accused driver’s impairment, however, the charge is elevated to a felony.
The legal consequences of a first DUI charge with a BAC of .1 percent or lower can include any combination of the following:
- Fines of up to $400
- Jail time of from 30 to 90 days
- Six months of driver’s license suspension
- Community service hours
- The successful completion of an alcohol education class
There are also, however, social consequences to consider. In addition to your social standing being tarnished, you may have more difficulty finding a job, renting a place to live, or furthering your education.
You Need an Experienced Spartanburg DUI Defense Attorney Backing You Up
The seasoned Spartanburg DUI defense lawyers at Ryan Beasley Law appreciate how challenging facing a DUI charge can be, and we are committed to fiercely advocating for a favorable case resolution on your behalf. To learn more about everything we can do to help, please don’t wait to contact or call us at 864-756-4204 today.
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