South Carolina DUI & DWI Laws & Enforcement
South Carolina DUI & DWI. Drinking and driving is a serious and dangerous offense in South Carolina. If you are arrested for driving under the influence of drugs and/or alcohol, you will face criminal penalties in court and administrative penalties with the South Carolina Department of Motor Vehicles. On this page you’ll find information about the definitions of a DUI, the common penalties, and the steps you may need to take to reinstate your driver’s license. In South Carolina, it is illegal to drive a vehicle if your blood-alcohol concentration is 0.08% or higher. DUI or Refusing a Chemical Test Penalties in SC. The penalties for a DUI/DWI in South Carolina will vary depending on the severity of your offense and the number of times you’ve committed a DUI in the past 10 years. If you drink and drive you will face both criminal penalties in court and administrative penalties with the South Carolina DMV. It is also important to remember that South Carolina has an “Implied Consent” law. This law basically states that if you drive in the state of South Carolina you agree to take a chemical test of asked to do so by a law enforcement official. Administrative penalties are civil penalties and are in addition to, and separate from, criminal penalties. In addition to criminal court penalties, you will face the following penalties with the South Carolina DMV:. 1st offense: Driver’s license suspension for 3 months. Criminal Penalties Criminal penalties for DUI or refusing a chemical test are high in South Carolina. Again, these penalties will be in addition to any administrative penalties. Criminal penalties are greatly impacted by your BAC at the time of testing. The following are the minimum criminal penalties you may face in court for a DUI with a BAC of under 0.16%*:For a 1st offense, you may face: A fine of $400. Minimum 48 hours in jail. Your IID will have to be inspected by the South Carolina Department of Probation, Pardon and Parole every 60 days. After satisfying the South Carolina court requirements and criminal penalties for a DUI/alcohol-related offense, you’ll need to reinstate your driver’s license with the South Carolina DMV once your suspension period is over.
Best Dui Lawyer Near Me Manor PA
A DUI is a serious criminal charge that has a harsh and lasting impact on your finances and future. We focus on fighting your DUI charges to reduce the consequences and penalties you may have imposed. There are strategies that we can use to fight a DUI which will be dependent on the details of your case. We have seen it all and will come up with the best defense and the best options for your case. Technical challenges to the DUI charge have absolutely nothing to do with whether or not you were under the influence when you were driving. If a court determines that a police officer randomly stopped your vehicle without good cause, then the evidence of your DUI would not be allowed to be used against you. Since a traffic stop triggers most DUI charges, it is important you get an experienced Manor DUI attorney who would investigate whether the officer had no good reason to stop your car. An experienced Manor DUI attorney can also challenge the procedures used in performing chemical, breath or Filed Sobriety Testing. An experienced Manor DUI attorney can go about this in several ways, including but not limited to challenging the officer’s credibility in court, challenging the fact that you were driving, focusing on the fact that you didn’t fail the Field Sobriety testing, focusing the court’s or Jury’s attention to the fact that your failure to perform chemical or Filed Sobriety Tests weakens the prosecution’s case. Another strategy would be using expert witnesses to show that most of the breath test results are simply unreliable ways of proving a DUI. Lawyers For Drunk Driving Manor Pennsylvania. Our Law Firm has proven experience when it comes to defending DUI cases. Call our offices or fill out our free case evaluation to discuss your case with a qualified lawyer. If you are dealing with any under the influence of alcohol using price, allow our VTS DUI lawyers help you look greater intently at your legal options. The penalties for a DUI conviction are too incredible to disregard the opportunity that the evidence against you is incorrect. We are able to scrutinize the evidence that other attorneys may additionally expect cant be defeated, due to the fact we remember that DUI proof is a good deal greater complex than meets the eye.
On July 10, the South Carolina Court of Appeals published their opinion in State v. Henkel, a case dealing with the legal requirement of video at DUI stops. The case addressed SC Code section 56-5-2953, which applies when a person violates either section 56-5-2930, section 56-5-2933 or 56-5-2945. In an arrest for any of these three violations, 56-5-2953 states that there must be a video recording of conduct at the incident site and at the breath test site. The recording taken at the incident site must include any field sobriety tests administered and must show both the actual arrest and the person being advised of his/her Miranda rights. The Court held in Henkel that the video taken at the incident site failed to comply with section 56-5-2953 because of the time at which the video was activated. Pursuant to this section of the Code, a police officer is required to read a person his/her Miranda rights before issuing any field sobriety tests. The arrest and the field sobriety test(s) must be caught on video tape “As soon as practicable.” In Henkel, the officer first approached the suspect while he was being treated for injuries sustained in a collision earlier that night. The arresting officer read Henkel his Miranda rights and then conducted a gaze test. The officer subsequently moved Henkel to the side of the patrol car and administered an ABC test. Both field sobriety tests were captured by audio, but neither on video. After administering the ABC test, the officer moved Henkel into the patrol car, at which time he turned the dashboard camera to face Henkel, and read him his Miranda rights again. The trial court determined that the audio recordings of the tests were sufficient to fulfill the requirements of the statute. The Court of Appeals reversed the trial court’s decision and held that because the Miranda reading that was videotaped was done so after the field sobriety tests were administered, and because there was no actual video of these tests, the recordings did not conform to the requirements of section 56-5-2953. You can read the complete Court of Appeals decision in State v. Henkel by clicking here, and you can read the applicable statutes by clicking here.