It is a difficult situation to be charged with a DUI in South Carolina. The laws regarding this are strict and, if convicted, your standing in society itself would be lost, let alone heavy fines and the possibility of jail time. So, if you are charged with a DUI, it is best to hire an attorney, or considering the case should at least be the first thing on your mind.
An attorney can help you deal with several issues related to your case and guide you through the whole process. Unlike you, an attorney would have several such cases under their belt and know what to do in what situation and how to do it.
Although depending on an attorney can be a great idea, it would be in your best interest to have at least some knowledge of your rights and processes involved with the charging of a DUI in South Carolina.
South Carolina DUI Laws
The laws of South Carolina impose hefty fines, community service, jail time, and even a suspended driving license for those charged with a DUI in South Carolina. For each subsequent charge, the punishment simply becomes even more severe. A person can be arrested for a DUI in South Carolina if they are found to have a blood-alcohol level of 0.08 percent or higher.
However, not every arrest goes on to become a conviction. Some several procedures and protocols are meant to be followed by law enforcement to get a conviction successfully. Thus, by ensuring your legal rights, there is a good chance that your arrest can be suspended and you will be let go.
Penalties for DUI in South Carolina
The penalties for DUI convictions in South Carolina vary based on factors such as BAC level and prior offenses. Here’s an overview of the penalties:
First Offense
- BAC < 0.10: $400 fine OR 2-30 days in jail, 6-month license suspension.
- BAC 0.10 – 0.16: $500 fine OR 3-30 days in jail, 6-month license suspension.
- BAC > 0.16: $1000 fine OR 30 to 90 days in jail, 6-month license suspension.
Second Offense
- BAC < 0.10: $2100 to $5100 fine AND 5 days to 1 year in jail, 1-year license suspension.
- BAC 0.10 – 0.16: $2500 to $5500 fine AND 30 days to 2 years in jail, 1-year license suspension.
- BAC > 0.16: $3500 to $6500 fine AND 90 days to 3 years in jail, 1-year license suspension.
Third Offense
- BAC < 0.10: $3800 to $6300 fine AND 60 days to 3 years in jail, 2-year license suspension.
- BAC 0.10 – 0.16: $5000 to $7500 fine AND 90 days to 4 years in jail, 2-year license suspension.
- BAC > 0.16: $7500 to $10,000 fine AND 6 months to 5 years in jail, 2-year license suspension.
Fourth Offense (Felony)
- From 1-7 years incarceration, permanent license revocation.
Sentencing may also be influenced by case-specific details. For instance, community service may substitute fines or jail time for first offenses, and subsequent offenses within a specified period can lead to increased penalties and longer license suspensions.
Refusal to Test
South Carolina operates under an “implied consent” law. This means that by driving in the state, you implicitly consent to chemical tests if an officer suspects you’re driving under the influence. Refusing to undergo testing incurs automatic fines and license suspensions: 6 months for a first offense, 9 months for a second offense, and 1 year for subsequent offenses.
DUI Requirements in Clemson
In Clemson, the legal BAC limit for drivers is 0.08%. If a driver’s BAC exceeds this limit, they can be charged with DUI. However, it’s important to note that even if your BAC is below 0.08%, you can still be charged with DUI if law enforcement believes you are impaired.
The penalties for a DUI conviction in Clemson can be severe and may include:
- Fines: DUI convictions often result in significant fines that can range from hundreds to thousands of dollars.
- License Suspension: Your driver’s license may be suspended for a specified period, depending on the circumstances of your case.
- Ignition Interlock Device (IID): In some cases, the court may require you to install an IID in your vehicle, which measures your BAC before allowing the vehicle to start.
- Probation: You may be placed on probation, which could involve regular check-ins with a probation officer and other restrictions.
- Jail Time: Depending on the severity of the offense and any previous convictions, you may face jail time.
- Criminal Record: A DUI conviction can result in a criminal record, which can have long-lasting effects on your personal and professional life.
DUAC (Driving with an Unlawful Alcohol Concentration)
DUAC, or “Driving with an Unlawful Alcohol Concentration,” is another alcohol-related driving offense in Clemson. Unlike DUI, DUAC charges specifically focus on the driver’s BAC and do not require proof of impairment. To be charged with DUAC, your BAC must be above the legal limit of 0.08%, as measured by a breathalyzer or blood test.
DUAC Requirements in Clemson
The key requirement for a DUAC charge in Clemson is having a BAC above the legal limit. If your BAC exceeds 0.08%, you can be charged with DUAC, even if you were not displaying signs of impairment.
The penalties for a DUAC conviction are similar to those for DUI and may include fines, license suspension, mandatory IID installation, probation, jail time, and a criminal record.
Key Differences Between DUI and DUAC in Clemson
- Proof of Impairment: The primary distinction between DUI and DUAC is the requirement for proof of impairment. DUI charges focus on impairment, while DUAC charges rely solely on the driver’s BAC exceeding the legal limit.
- BAC Measurement: In DUI cases, law enforcement may use field sobriety tests and observations to establish impairment, in addition to BAC testing. DUAC cases, on the other hand, primarily rely on BAC test results.
- Legal Threshold: The legal BAC limit for DUI and DUAC in Clemson is the same, set at 0.08%.
- Subjectivity: DUI cases are more subjective because they involve an officer’s judgment regarding impairment, while DUAC cases are based on objective BAC measurements.
Whether you are facing DUI or DUAC charges in Clemson, it’s crucial to seek legal counsel promptly. An experienced attorney can help you understand the specific requirements of your case and work to protect your rights.
If you find yourself in this situation, The Bateman Law Firm can provide expert legal assistance. Our experienced DUI and DUAC attorneys in Clemson have a deep understanding of South Carolina’s laws and can help you navigate the legal process. We will work diligently to build a strong defense and advocate for the best possible outcome in your case.
Understanding the difference between DUI and DUAC charges in Clemson is essential if you are facing alcohol-related driving offenses. Both charges carry serious consequences, including fines, license suspension, and potential jail time. To protect your rights and your future, it’s crucial to seek legal representation from experienced attorneys who specialize in DUI and DUAC cases.
What Should You Do After You’re Arrested for a DUI in South Carolina?
Once you’re arrested for a DUI, you will likely be spending the night in jail until your charges are being processed. Once they are, you will be let out on bail. However, you must take the time to sit and consider hiring an attorney as soon as possible. Hiring an attorney would ensure that your rights are in no way infringed upon and you get the fairest trial to the fullest extent.
Should You Be Talking to the Police Officer at the Stop?
If a police officer stops you, it is your legal obligation to provide them with your license and registration to verify your identity. Anything beyond this is not an obligation whatsoever. Usually, the police will be looking for signs like red and watery eyes, slurred speech or lack of coordination, or even the odor of alcohol on your breathing.
They will use it to justify a DUI search and arrest on you. If they can’t find any of them, they’ll ask questions like, “where are you coming from?” or “where are you going?” or “can I have consent to search your vehicle?” or any other questions that could possibly help them gather more time to gain evidence on you.
You do not have to entertain any of this and can simply say that you would not like to speak anything without your attorney present.
Should You Participate in Any Field Sobriety Tests?
Once an officer asks you to participate in any such tests, you should understand that they already suspect you of being driving under the influence, and the test is merely to gather more evidence against you. Showing poor performance on these tests can be attributed to many factors and not just drinking alcohol. It isn’t in your best interest to voluntarily give consent to have a sobriety test done on you.
Also, by denying the test, you would withhold any information that the prosecution can use against you as evidence.
What Are Some Defences Against a DUI Charge?
Several defenses can be played against a DUI charge. However, hiring an attorney would work in your favor and make the most of your rights.
One of the tests the police can ask you to undergo is the breathalyzer test. It shows how much alcohol content is present in your body. While you can be arrested if the reading is 0.08% and above, the device itself should be appropriately calibrated. Otherwise, it can be overturned.
There can be several other reasons why a breathalyzer cannot be accepted as evidence in your case. There are other factors regarding the arrest that an attorney would know best to overturn.
So, if you need an attorney to take care of your DUI in South Carolina, we are here to help you out. Contact us today to learn more.
