Greenville DUI Lawyer

South Carolina DUI Laws & Penalties

What is Considered Driving Under the Influence (DUI)?

Under South Carolina Law, driving under the influence (DUI) is defined as driving a vehicle while under the influence of alcohol or substances that cause impairment to the extent that the person's facilities are appreciably impaired. The legal blood alcohol concentration (BAC) limit is .08% in South Carolina, and registering a BAC over this limit can lead to up to 90 days in jail for your first offense, as well as up to 7 years in prison after multiple offenses. Not only are you facing jail or prison time, but you may even have your driver's license suspended for an extended period of time.

What are the Penalties for DUI in South Carolina?

Although it can still carry jail time, a misdemeanor is typically considered less serious than felonies. Driving while under the influence of alcohol or other substances, or DUI for short, is a misdemeanor in all fifty US states including South Carolina. There are multiple reasons why a first time DUI charge can be considered a Felony DUI. These reasons fall under a situation when an individual in the accident suffers serious injuries or is killed as a result of the driver who was driving under the influence.

1st Offense DUI in SC

What happens the first time you get a DUI? The penalties for a 1st offense DUI in SC may include the following:

• Between 48 hours and 30 days in jail
• A $400 fine
• 6-month license suspension
• Mandatory alcohol and drug safety action program (ADSAP)

DUI 2nd Offense SC

A second-offense DUI in South Carolina may include the following penalties:

• Between 5 days and 1 year in jail
• Fines between $2,100 and $5,100
• Alcohol Drug and Safety Action Program (ADSAP)
• Installation of ignition interlock device (IID)

How long does a DUI stay on your record in SC?

A DUI stays on your driving record forever. Your insurance premium may also go up as a result of the DUI. If you don’t get another DUI, your driving record will no longer reflect the DUI after 10 years; however, it will still show up on your criminal background check.

Can I Get a DUI Expunged in South Carolina?

You cannot get a DUI expunged in South Carolina. The DUI will always be in your record; this could lead to a job loss, especially if your job requires you to drive. A DUI on your record could make it challenging for you to find a job - even decades later. If you are ever pulled over by a police officer in the future, they can also see the DUI on your record.

Types of Field Sobriety Tests in South Carolina

Police officers in South Carolina are trained in three sobriety tests. The tests are:

• Horizontal Gaze Nystagmus (HGN) test - In this test the officer will observe the eyes of the person as they slowly move a pen back and forth to look for signs that the person is intoxicated.
• Walk-and-turn test - In this test, the officer instructs the person to take nine steps, touching heel-to-toe in a straight line. The officer is looking for indicators that the person is impaired such as not being able to keep their balance or not following the instructions properly.
• One-leg stand test - In this test, the officer instructs the person to stand with one foot off the ground and hold it until told to put it down. The officer looks for signs of impairment such as swaying, hoping or using their arms to balance.

Can you refuse a field sobriety test in South Carolina?

You can refuse to take a field sobriety test in South Carolina. Even if you refuse to take the field sobriety test, refusing does not constitute disobeying a police officer’s command and it does not mean that you are impaired; but the police officer that was already planning to arrest you can still do so. The difference between refusing to take a sobriety test and a breath test is that, if you refuse to take a breath test, there are additional penalties such as a driver’s license suspension. Refusing to take a sobriety test does not include additional penalties.

Cases We Have Handled

At Hisker Law Firm, PC, our DUI attorneys have handled various DUI cases resulting in dismissals and serve clients in Duncan, Greenville and the surrounding areas. Below are a couple examples of the types of cases our criminal law attorney handled in the past as examples. *Nothing provided should create an expectation that Steve Hisker can achieve similar results in any case.

DISMISSED - 7/3/2014

Original Charges: Driving Under the Influence 1st Offense

Result: DRIVING UNDER THE INFLUENCE DISMISSED, new ticket written for Reckless Driving

DISMISSED - 1/11/2012

Original Charge: DUI 1st upgraded to DUI 2nd

Result: January 2012 - Dismissed

For more information pertaining to our results, view our case results page! 

Do You Really Need a Lawyer for a DUI in Greenville?

If you or a loved one has been charged with this crime, the time to act is now! Law enforcement officials are not immune to making mistakes, particularly with respect to DUI cases. Even if you refused a breathalyzer test, you have the right to contest your suspension and the right to a jury trial. There are a variety of ways to attack DUI cases, and our Greenville DUI attorneys have helped many clients reduce their offenses, obtain not-guilty verdicts at trial, or have their case dismissed altogether.