There is a likely possibility of being charged with a DUI in Greenville, SC, if you are drunk driving after a night’s party. The situation could be worse if you cause an accident while drunk driving.
This could lead to severe repercussions that have lifelong effects like losing your license, losing your job, and on top of that, loss of a big part of your savings.
What To Expect When Being Charged With DUI In Greenville, South Carolina?
South Carolina once used to be very lenient regarding DUI in Greenville cases. However, with the increasing DUI deaths and accidents, the laws have become sterner. This was all due to the various organizations working towards the right of the common people.
A DUI in Greenville would have two major implications, namely:
- Suspension of driving license
- Criminal offense
What Happens After Suspension Of Driving License?
If you are found DUI in Greenville, your driving license can be suspended immediately. If you want to fight for your case, the law gives you a chance to appear at the administrative hearing. This allows the accused to prove his case if he refused to submit the breath sample when the police officer investigated. Or when the sample was taken, and the BAC was found to be 0.15% or higher.
South Carolina’s Implied Constant Law
According to the implied consent law of South Carolina, anyone who drives a vehicle in SC ultimately consents to submit the breath. Blood or urine when requested for the possibility of dinging out the presence of alcohol, drug, or both in the driver’s body.
This law also implies that if you fail to submit the breath test when asked to, the driving license can be suspended from one month to up to 15 months. The length of the driving license suspension depends on:
- The level of BAC if you submit the breath
- If you refuse to submit the breath
- Based on your previous DUI offense on the given driving license
What Happens If You Submit Breath Samples?
If you submit your breath on a Breathalyzer device, it will show the blood alcohol content. If BAC is less than 0.15%, your driving license may not be suspended immediately. If it’s greater than 0.15%, your driving license will be suspended immediately for at least 30 days. In such a case, you have to enroll in a volunteering program in ADSAP, i.e., the Alcohol and Drug Safety Action Program.
The breath samples can also be used as evidence during the DUI in Greenville trial.
If the BAC is found to be 0.08% or higher, the court will need another evidence to give a final verdict. The decision could also vary based on your previous DUI offenses (if any). If its less than 0.08%, you won’t be considered driving under the influence
In short,
- If BAC 0.15% and higher with no previous DUI offense: one-month driving license suspension
- Refusal to submit to breath with no prior DUI offense: six-month suspension
- If BAC 0.15% or higher with three DUI offenses: four months license suspension
- Refusal to submit breath with three DUI offenses: 15 months license suspension
If you want to request an administrative hearing, you will need to submit a fee of $200. After the hearing is accepted and is processed, the accused can apply for the Temporary Alcohol License from the DMV office by paying a fee of $100. This license can be used until an administrative hearing isn’t scheduled.
If the hearing does go in your favor, the suspension will be lifted upon receiving a hearing officer order. If the hearing finds you guilty of the crime, the temporary license will also be suspended.
DUI Law As A Criminal Offence In SC
The law says, “It is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol.”
This stature says that driving is illegal if your BAC is over 0.08%. If you are found driving under influence, there will be implications.
If it’s your first DUI offense and BAC is lower than 0.10%, it is considered as a misdemeanor for which the state levies a $400 fine and nearly one month jail time along with six months driving license suspension.
The fines and jail time become severe as the number of DUI offenses increases and the increase in BAC level.
If you are charged with DUI in Greenville, SC, you should not lose hope as a good DUI attorney can help you minimize the punishment.