First Offense DUI in South Carolina
South Carolina is working hard to reduce DUIs – the fatality rate from alcohol-related accidents has dropped 40% in the past decade. Below we list the penalties for a first offense and the associated administrative penalties assessed by the state licensing bureau. Note that aggravating factors such as having a child in the car or having a BAC over.15, may affect penalties. Administrative Penalties First offense DUI carries mandatory administrative license suspension of six months, unless otherwise successfully contested in an administrative hearing. First offense refusals to submit under implied consent laws carry a comparable mandatory license suspension of six months. Reinstatement of license contingent upon completion of alcohol/substance abuse assessment and counseling in limited circumstances. First offense convictions carry possibility of required installation of ignition interlock device upon reinstatement of driving privileges. To get an idea of how much a first offense DUI will cost you, see our article on the cost of a DUI. Criminal Penalties First offense DUI penalties are applied based on BAC of offender at time of arrest. If BAC.08% to.10%, offender faces mandatory incarceration of two days up to maximum of thirty days. 10% to less than.16%, offender faces mandatory incarceration of at least three days with maximum of thirty days. 16%, offender faces incarceration of at least thirty days, but not more than ninety days. In all cases, incarceration may be avoided via public service employment for first time offenders. Fines range from $400 to $1,000 depending on BAC, and in turn, fines do not include costs incurred during completion of terms of sentence, process of license reinstatement, or additional fees and surcharges assessed. Conviction of first offense DUI in South Carolina will influence subsequent arrests and convictions for DUI for a period of ten years. State statutes in South Carolina bar reducing DUI charges into lesser criminal offenses offenders will may have an opportunity for pleading down sentencing or working towards dismissal of all charges.
Charleston, Mt Pleasant SC DUI Lawyer
At the Law Office of Peter David Brown, we understand the immediate impact a driving under the influence arrest has on your life, as well as the possible long-term consequences of a DUI conviction. Peter Brown and his experienced team know that you need your license to work, take care of your family, and go about your daily routine. Denise McDaniel has worked with Peter Brown for the last eleven years handling DUI’s from all over the State. It’s important that you know your rights and available options. If you have been arrested for a DUI in Charleston, Mount Pleasant, or anywhere in the State of South Carolina, you have only thirty days to request an Administrative Hearing if they have suspended your license. We can petition the DMV for an Administrative Hearing to challenge the suspension of your drivers’ license and request a Temporary Alcohol Restricted License. We have been representing clients charged with DUI throughout the State of South Carolina for almost thirty years. We will fully investigate and evaluate your case and provide you with a strategic approach to defend your rights based on the specific circumstances surrounding your arrest. The Law Office of Peter David Brown, P.A. and our experienced team in Mount Pleasant handle DUI charges ranging from first time misdemeanor offenses to Felony DUIs. Mr. Brown, a Citadel Graduate, is licensed to practice law in both South Carolina and Georgia. Among other courses, Peter Brown has completed the National Highway Traffic Safety Administration practitioner’s course on Standardized Field Sobriety Testing in 2001. Peter has used that specific knowledge to defend his clients in courtrooms throughout South Carolina for the last sixteen years. He is one of a select group of lawyers in the State who are members of the National College for DUI Defense, Inc. We routinely employ former traffic supervisors as case analysts who themselves have written hundreds of tickets for DUI during their career as law enforcement officers. If your case has weaknesses, we will diligently search for them in an effort to avoid a conviction.
Charleston DUI Lawyer
If you are stopped by the police and an officer has a reasonable suspicion that you are materially and appreciably impaired, you could be arrested for Driving Under the Influence. You could be charged with the criminal offense of drunk driving, and could lose your license and even end up in jail. A Charleston DUI attorney can help you fight to avoid these undesirable outcomes, and can assist in negotiating a plea agreement to try to reduce the penalties that you face. Howell and Christmas, LLC represents clients accused of crimes, including drunk driving. We understand the science, as well as the law, behind DUI cases, and we will work hard to help you throughout your case. Drunk Driving Charges in Charleston, SC. South Carolina’s implied consent laws impose penalties for refusing to submit to a test of your blood alcohol concentration if you have been arrested for driving under the influence. You do not have to submit to field sobriety tests, and can politely decline to do so, but those are different from testing your BAC. If you refuse to submit to a BAC test, your refusal can be used as evidence against you in your DUI case and lead to the suspension of your license. If you take a breath, blood, or urine test, and your BAC is.15 or greater, you face an automatic 6-month suspension of your license for a first offense. You can request a hearing to challenge this suspension, but you must act quickly as you have only 30 days to try to fight for your license. If you do not try to stop the administrative suspension, or if the suspension is upheld at your hearing, you may be required to complete a South Carolina Alcohol and Drug Safety Action Program to get your license back. A drunk driving defense lawyer can help you respond to both DUI criminal charges, as well as to your administrative license suspension. The right approach to your DUI charges depends upon the specifics of your case. Our DUI lawyers in Charleston have represented many clients who faced drunk driving charges. We’ll put our legal experience to work to help you make strategic choices throughout your case.