Driving Under the Influence in South Carolina is a serious offense with substantial legal consequences, making the guidance of legal counsel critical. If you’re arrested for driving while impaired by alcohol or drugs, the penalties can vary depending on factors such as your blood alcohol content (BAC), prior traffic convictions, and whether the incident resulted in injuries or fatalities. The following article outlines the potential penalties in South Carolina, including fines, jail time, license suspensions, and other consequences drivers may encounter, highlighting the importance of seeking legal counsel from a DUI lawyer to navigate these challenges effectively.
What Does it Mean to be Under the Influence?
In South Carolina, a DUI offense occurs when a driver operates a motor while impaired by alcohol or drugs to the extent that they cannot drive safely. The law also applies to drivers under the influence of prescription medications, illegal drugs, or over-the-counter medications that impair their ability to drive. South Carolina has zero tolerance for driving under the influence, and the state takes these offenses very seriously.
Penalties Based on BAC Levels
The penalties for a DUI charge in South Carolina vary depending on the driver’s BAC at the time of arrest, as well as whether it is a first-time or repeat offense. Here’s a breakdown of the penalties for different BAC levels:
First Offense (BAC 0.08% – 0.10%)
Fines: A first-time offender in South Carolina can face fines ranging from $400 to $1,000. These fines are in addition to other costs, such as court fees, legal fees, and possible restitution for damages caused by the offense.
Jail Time: A first-time offender can result in up to 48 hours to 30 days in jail. However, in many cases, a judge may suspend the jail sentence or offer alternative sentencing, such as community service or house arrest.
License Suspension: A first time offense typically results in a six-month license suspension. If the driver’s BAC was 0.15% or higher, the suspension could be longer. However, individuals may be eligible to apply for a provisional license after a certain period.
Alcohol Education Classes: DUI offenders may be required to attend alcohol education classes and undergo an evaluation to determine if they need further treatment for substance abuse.
Second Offense (BAC 0.08% – 0.10%)
Fines: If a person is convicted of a second offense within a 10-year period, they may face fines ranging from $2,100- $5,100.
Jail Time: A two-time offense carries a mandatory minimum jail sentence of 5 days to 1 year, depending on the circumstances of the case. A judge may impose community service, house arrest, or other alternatives, but some jail time is mandatory for repeat offenders.
License Suspension: A second conviction can also lead to a one-year license suspension. The driver may also be required to install an ignition interlock device (IID) in their vehicle at their own expense.
Alcohol Education Classes: As with a first offense, individuals convicted of a second DUI may be required to attend alcohol education classes or undergo substance abuse treatment.
Third Offense (BAC 0.08% – 0.10%)
If you are convicted of a third violation within 10 years, the consequences are severe, and seeking the assistance of an experienced DWI lawyer is crucial to navigating the legal process:
Fines: A third conviction carries fines ranging from $3,800 to $6,300. These financial penalties can place a significant burden on individuals and their families.
Jail Time: This offense mandates a minimum of 60 days in jail, with the potential for a sentence of up to 3 years. A third conviction is treated as a serious crime, often leading to extended incarceration.
License Suspension: A third offense results in a 2-year license suspension. After this period, drivers may be required to install an ignition interlock device (IID) on their vehicles for a specified time.
Alcohol Education Classes: Similar to prior offenses, individuals may need to attend alcohol education classes or participate in rehabilitation programs as part of their sentencing.
Given the gravity of a third conviction, working with a skilled attorney can provide invaluable support in understanding your rights, exploring possible defenses, and minimizing the impact of the penalties.
Fourth and Subsequent Offenses (BAC 0.08% – 0.10%)
Jail Time: It also carries a mandatory minimum of 1 year in jail, with the possibility of serving up to 5 years in prison. As the number of offenses increases, the penalties become more severe.
License Suspension: A conviction at this level results in a permanent license revocation, which may be difficult to overturn.
Alcohol Education Classes: In addition to mandatory jail time and fines, repeat offenders are typically required to undergo comprehensive substance abuse treatment programs.
Enhanced Penalties for Aggravating Factors
Certain circumstances can lead to enhanced penalties for convictions in South Carolina. These include:
High BAC (0.15% or Above)
If a driver’s BAC is 0.15% or higher, they face increased penalties, regardless of whether it is their first or subsequent offense. These can include longer license suspensions, higher fines, and mandatory installation of an ignition interlock device (IID).
Incident Involving Injury or Death
If an incident results in injury or death, the penalties are much more severe. If someone is injured or killed due to a driver’s actions while under the influence, the individual may face felony charges, which carry the possibility of prison sentences of several years, depending on the severity of the incident.
Underage DUI
South Carolina also has a zero-tolerance policy for underage DUI offenses. If a driver under the age of 21 is caught with any amount of alcohol in their system (BAC of 0.02% or higher), they face penalties such as fines, mandatory alcohol education classes, and license suspension.
Other Consequences
In addition to fines, jail time, and license suspensions, a conviction in South Carolina can have other far-reaching consequences:
Insurance Rates: Insurance premiums can skyrocket after a conviction. Drivers convicted of driving under the influence may be considered “high-risk” and may face higher premiums or even have difficulty securing insurance.
Employment Issues: For individuals whose jobs involve driving (e.g., truck drivers, delivery drivers), a conviction can result in job loss or difficulties securing future employment.
Criminal Record: A DUI conviction will appear on a person’s criminal record, which can affect a wide range of aspects in life, including travel, housing, and professional opportunities.
Conclusion
The penalties in South Carolina are serious, with fines, jail time, and license suspensions among the primary consequences that drivers may face. These penalties increase with the number of offenses, BAC levels, and aggravating factors, such as causing injury or death. If you or someone you know is facing such charges, it’s essential to consult with an experienced attorney who can help navigate the legal process and work toward minimizing the impact of the offense. Whether it’s a first-time charge or a repeat offense, understanding the severity of the penalties you’ll face in South Carolina can help individuals make informed decisions and take necessary precautions to avoid a conviction.