Being accused of DUI is often a serious and sometimes frightening situation. This is mainly because a DUI conviction can impact your life in terms of your career, finances, and your family. It’s therefore imperative that the charge is resolved efficiently, favorably, and effectively to protect your livelihood. If your case is handled improperly, the charge can easily lead to a life-altering conviction.
If you or a loved one has been charged with DUI, you should act quickly to protect your rights and freedom. Keep in mind that South Carolina can impose severe sentences on DUI cases, though this will largely depend on whether it’s your first offense or if you’ve been charged with DUI in the past. Either way, you should seriously consider talking to an experienced Clemson DUI lawyer to discuss your defense immediately.
At The Bateman Law Firm, we will put our experience and skills to work for you to ensure we achieve the best possible result in your case. Our DUI lawyers in Clemson, South Carolina have helped thousands of satisfied clients with cases similar to yours and can do the same for you. Contact us today for your free case evaluation.
What’s the Blood Alcohol Content (BAC) Limit in South Carolina?
The Blood Alcohol Content (BAC) is used to determine just how drunk you are. The BAC limit in South Carolina is 0.8% for persons over the age of 21. For drivers under the age of 21, the BAC limit is 0.02%. For people that drive trucks and other commercial vehicles, the BAC limit is 0.04%. Anyone found to be over and above those BAC limits can be charged with a DUI in South Carolina.
What Penalties Can I Face for a DUI in South Carolina?
If you’re over 21 and are convicted of DUI, your blood alcohol level (BAC) and whether it is your first DUI conviction or a subsequent offense are primarily used for determining the DUI penalties and the severity of your sentence in Clemson, South Carolina.
Keep in mind that the fines listed below will likely be more than double once you include the court costs and assessments. Furthermore, if you refuse to submit to a breathalyzer test in South Carolina, your driver’s license will be automatically suspended for a period of 6 months from the arrest date.
Penalties for a First DUI Conviction:
The legal consequences for a first DUI conviction are listed below by ascending BAC levels.
If your BAC is below .10:
- A $400 Fine;
- 48 hours to a maximum of 30 days in jail, although community service can be given instead of the mandatory minimum jail sentence;
- Suspension of your driver’s license for 6 months.
If your BAC is Between .10% and .15%:
- A $500 Fine;
- 72 hours to a maximum of 30 days in jail, although community service can be given instead of the minimum jail term;
- Suspension of your driver’s license for 6 months.
If your BAC is .16% or higher:
- A fine of up to $1,000;
- Suspension of your driver’s license for 6 months;
- Ignition Interlock Device will also be required;
- 30 days to a maximum of 90 days in jail, although community service can be given instead of a jail sentence.
Penalties for a Second DUI Conviction:
The legal consequences for a second DUI conviction are listed below by ascending BAC levels.
If your BAC is between .08% and .09%:
- A fine ranging between $2,100 and $5,100;
- Ignition Interlock Device will be required for a period of 2 years;
- Suspension of your driver’s license for 1 year;
- A jail term of up to 1 year, with a minimum of 5 days, which may be suspended, but you will still be assessed a minimum fine of $1,100.
If your BAC is between .10% and .15%:
- A fine ranging between $2,500 and $5,500;
- Ignition Interlock Device will be required for a period of 2 years;
- Suspension of your driver’s license for 1 year;
- A jail term of up to 2 years, with a minimum of 30 days, which may be suspended, but you will still be assessed a minimum fine of $1,100.
If your BAC is .16% or higher:
- A fine ranging between $3,500 and $6,500;
- Ignition Interlock Device will be required for a period of 2 years;
- Suspension of your driver’s license for 1 year;
- A jail term of up to 3 years, with a minimum of 90 days, which may be suspended, but you will still be assessed a minimum fine of $1,100.
Penalties for a Third DUI Conviction:
The legal consequences for a third DUI conviction are listed below by ascending BAC levels.
If your BAC is between .08% and .09%:
- A fine ranging between $3,800 and $6,300;
- Ignition Interlock Device will be required for a period of 3 years and up to 4 years if the 3rd offense is within 5 years of the most recent DUI conviction;
- Suspension of your driver’s license for 2 years;
- A jail term of up to 3 years, with a minimum of 60 days.
If your BAC is between .10% and .15%:
- A fine ranging between $5,000 and $7,500;
- Ignition Interlock Device will be required for a period of 3 years and up to 4 years if the 3rd offense is within 5 years of the most recent DUI conviction;
- Suspension of your driver’s license for 2 years;
- A jail term of up to 4 years in prison, with a minimum of 90 days.
If your BAC is .16% or higher:
- A fine ranging between $7,500 and $10,000;
- Ignition Interlock Device will be required for a period of 3 years and up to 4 years if the 3rd offense is within 5 years of the most recent DUI conviction;
- Suspension of your driver’s license for 2 years;
- A jail term of up to 5 years in prison, with a minimum of 6 months.
Penalties for a Fourth or Subsequent DUI Conviction:
A fourth or subsequent DUI conviction is classified as a felony in South Carolina. The legal consequences for a fourth or subsequent DUI conviction are listed below by ascending BAC levels.
If your BAC is between .08% and .09%:
- A jail term of 1 to 5 years in prison;
- Permanent license revocation;
- Ignition Interlock Device will be required for life.
If your BAC is between .10% and .15%:
- A jail term of up to 6 years in prison, with a minimum of 2 years;
- Permanent license revocation;
- Ignition Interlock Device will be required for life.
If your BAC is .16 or higher:
- A jail term of up to 7 years in prison, with a minimum of 3 years;
- Permanent license revocation;
- Ignition Interlock Device will be required for life.
The best way to understand the kind of penalties you might be facing is by consulting with an experienced DUI lawyer in Clemson, South Carolina. The lawyers at The Bateman Law Firm are here to review the charges against you and all the possible consequences you could be facing.
Can I Refuse a Breathalyzer Test in South Carolina?
Yes. But as the arresting officer should advise you, your driver’s license will automatically be suspended for 6 months if you refuse to take a breathalyzer test in South Carolina. If it’s your second refusal, your license may be suspended for 9 months, and if it’s your third time, 12 months. This is an administrative driver’s license suspension, meaning that it would be added to any suspension that you face if you end up being convicted of DUI.
Additionally, you will be required to complete the Alcohol and Drug Safety Action Program if you refuse to take the test. The program will cost you anywhere from $500 to $2,500 to complete and could last up to 12 months based on your treatment needs.
On the other hand, if you refuse to submit to a test, the prosecution will not have test results to show your blood alcohol concentration at the time of the arrest. They will have to use other evidence to try to obtain a DUI conviction, which may include your refusal to take the test.
Implied Consent Laws in South Carolina
If you drive a vehicle in South Carolina, you are considered to have given consent to a chemical test of your blood, urine, or breath for determining the presence of drugs or alcohol if you are arrested on suspicion of driving under the influence. This is covered under Section 56-5-2950 of the South Carolina Code of Laws.
The arresting officer should offer you a breath test first. In case the motorist is unable to participate or take a breath test at the time of their traffic stop, the officer can request a blood sample.
The law requires that the arresting officers provide the arrested persons with transportation to the nearest medical facility for independent testing. As a driver, you have the right to get your blood, urine, or breath tested by a qualified person of your choosing. However, you have to cover the costs for this out-of-pocket.
As mentioned earlier, if you refuse to submit to a blood, urine, or breath test upon the lawful request of an officer, you could face serious penalties. The refusal can even be used against you in court as proof that you believed your BAC was above the legal limit.
What Is a Felony DUI in South Carolina?
If you’re convicted of causing great bodily injury or death while driving under the influence of drugs or alcohol, or if it’s your fourth conviction within 10 years of a prior DUI conviction, your case is considered a felony DUI.
According to South Carolina law, great bodily injury is defined as any injury that causes:
- Total loss or impairment of a bodily member or organ;
- Permanent disfigurement;
- An increased risk of death.
If a person is arrested for DUI while with a passenger younger than 16 years, they can be charged with child endangerment in addition to DUI. The charge automatically becomes a felony if the child is killed or seriously injured.
It’s worth noting that they are several administrative penalties that may be assigned if you are convicted of a felony DUI. It could also lead to higher auto insurance premiums, and you may need to obtain an SR-22 insurance certificate when looking to get your license reinstated. It will also be a permanent part of your criminal record, which could lead to problems down the road when looking for employment or suitable housing.
Common Defenses in DUI Cases
If you’ve been charged with DUI, you might be wondering what defenses you can assert in a South Carolina court. Well, the answer depends on the circumstances surrounding your case. The following are some examples of potential defenses to DUI charges in South Carolina.
Lack of Probable Cause for Stop
The law prohibits law enforcement officers from stopping a motorist for just any reason they want (without probable cause). If a police officer pulled you over suspecting that you’re driving while intoxicated, they need to demonstrate they had a reasonable suspicion of DUI. Common traffic violations that may lead to DUI arrests include swerving, failure to use turn signals, speeding, driving without headlights at night, failure to stop at traffic lights, and rolling through a stop sign.
When the official traffic stop is made, there must be probable cause before you are arrested for DUI. This is usually based on the observations by the police officer, such as the smell of alcohol, the driver’s statements, and the driver’s performance on standardized field sobriety tests.
It’s worth noting that police officers in South Carolina are legally obligated to record video footage of the entire DUI traffic stop. They should ideally start recording as soon as they turn on their blue lights, and should record everything through the administration of the breathalyzer. The arresting officer is also required to demonstrate an objective reason for making the traffic stop.
Challenging Accuracy of Tests
If the arresting officer records how they conducted their breathalyzer tests, there might still be issues that invalidate the test. For example, the breathalyzer device might not have been calibrated recently, the arresting officer was not adequately trained to conduct the test, or they didn’t follow the due procedures when conducting the test.
Some other issues might lead to a false positive in BAC tests, including:
- Medical conditions like diabetes;
- Recent use of mouthwash;
- Recent consumption of cough or cold medication;
- Recent consumption of certain foods;
- Increase in BAC levels after being pulled over.
If the prosecution bases their case on the test results, challenging their accuracy can serve as a highly valuable defense.
Your Ability to Drive Wasn’t Impaired
Having a .08% BAC or above is not the only way to face a DUI charge in South Carolina. If the prosecution can show that your faculties to drive were appreciably and materially impaired, you can be charged with DUI regardless of BAC level.
With this in mind, one way to avoid a DUI conviction is successfully arguing against the prosecution’s allegations of impairment. If there’s not enough evidence to prove how your driving faculties were diminished, you don’t deserve a conviction.
The Police Conducted an Illegal Search, Seizure, or Arrest
Aside from needing a reasonable suspicion to conduct a traffic stop, the arresting officer must also have probable cause to conduct a search or seizure. This means that if the police officer violated your 4th Amendment rights by conducting an illegal seizure, search, or arrest, it could serve as grounds to seek suppression of the prosecution’s evidence against you.
These are just examples of how you can defend against a DUI charge in South Carolina, but they don’t cover everything. To learn more about what other defenses you can use to fight your DUI charge, get in touch with us immediately to discuss your case with an experienced Clemson DUI lawyer.
How Can a Clemson DUI Lawyer Help Me?
You might be wondering exactly how a DUI lawyer can help with your case. If you’re facing a DUI charge, your lawyer can help you with the following:
Investigating and Preparing Your Case
The courtroom process is often the most confusing part of a DUI case, especially for first-time offenders. Working with an experienced DUI lawyer will be beneficial even before you go to the courtroom. Once they gather the details of your case, they will start building a strong defense on your behalf and advise you what your best options are.
For instance, your attorney may visit the scene where you are arrested to establish the environmental conditions at the time of the arrest. They can also look at things such as surveillance videos from nearby businesses to see if there’s any evidence they can use to your advantage. Your attorney will also work to establish if there are any constitutional issues with the case that might be favorable to your defense.
Negotiating With the Prosecution
One key benefit of working with an experienced attorney is that they can look at your history and evaluate your current mental and physical health conditions. They will want to understand your medical history and background, as this could uncover critical evidence that can help strengthen your defense. They can then use this information to negotiate with the prosecution.
At The Bateman Law Firm, our lawyers have decades of experience working with prosecutors. We can work with them to find alternatives to jail time, and help you decide on plea bargains that can lessen the burden for you.
Case Dismissal
Just as with any other criminal case, you have a right to request the court to dismiss your case if your situation allows it. Your DUI attorney can review the case closely, and depending on the applicable law, they can then file motions with the court to request a dismissal of your case if, for instance, the arresting officer didn’t provide sufficient evidence as required by South Carolina law.
Expunging Your Conviction
A DUI conviction can negatively affect your future employment opportunities, not to mention limit your access to credit. Our Clemson DUI lawyers can help you get your DUI conviction expunged from your records so that it has less impact on your future. The process of getting a conviction expunged can be overly complex, but our experienced lawyers have the skills and knowledge to complete the procedure.
At The Bateman Law Firm, we know that a DUI conviction has the potential to affect the rest of your life, including future employment opportunities, finding suitable housing, and even your reputation among your peers. We can help you build a strategic, well-planned, and aggressive defense to pursue a favorable outcome for your case.
Schedule a Free Consultation With a DUI Attorney in Clemson, SC
If you have been charged with DUI in South Carolina, you want to work with an experienced DUI attorney at every step of the case. The DUI laws are designed to protect not only the members of the public and other road users, but also the suspected drivers from police officers that overreach the laws.
The DUI attorneys at The Bateman Law Firm can investigate your case and help build the best possible defense for your situation. We can help right from the time you encounter the police officers through to the trial. We work to protect the rights of all our clients and ensure you understand what’s going on in your case.
Contact our office today at 864-501-5332 or submit the form on this page to schedule a free consultation with our DUI defense team.
Disclaimer: Flat fees are inclusive of office and court costs. Clients are responsible for the costs of any additional witnesses.
