The first offense DUI in South Carolina is when you are first evicted for Driving Under the Influence. After that, the repeated offender of DUI South Carolina has to face serious repercussions. However, South Carolina isn’t too lenient for first-time offenders as well.
Here is what you should expect if you commit a first offense DUI in South Carolina.
What Is The First Offence DUI In South Carolina?
In South Carolina, a first offense DUI is considered when your blood alcohol concentration is 0.08%. Therefore, if you are found driving with BAC 0.08% or above, you will be charged under DUI.
The BAC is set at 0.02% when are under the age of 21. This means drinking any amount of alcohol will be considered driving under the Influence if you are less than 21 years of age.
Also, in South Carolina, the first offense DUI penalties are based on the level of BAC. The higher the BAC, the stricter the penalties. Here is the breakdown of the same:
When BAC Is Under 0.10%
If your BAC level is below 0.10% on your first-time offense, you will have to face a jail time of 48 hours to 30 days and even have to pay a $400 fine as a penalty.
When BAC Is Between 0.10% And 0.16%
You will have to face a minimum jail time of 48 hours to 7 days in such situations, while the maximum jail time could be 30 days. In addition, the penalties charged would go as high as $500.
When BAC is above 0.16%
The jail time in such cases may vary between 30 days to 60 days with a penalty of $1000.
Suspension of License
In addition to the above criminal penalties, the first offense DUI in South Carolina can also result in the suspension of your driving license.
Your driving license can be immediately suspended when arrested for DUI. However, you may then have to get a temporary alcohol license from the DMV office.
You can anytime challenge the suspension. You can file for the administrative hearing within 30 days from the suspension of the license.
The driving license is typically suspended for six months for the first-time offenders. If your BAC is found to be above 0.15%, your driving license may get suspended for an extra month. You cannot even apply for a provincial license as well.
The drivers who refused the chemical testing can apply for an IID i.e., ignition interlock device license.
Treatment And Community Service
The first-time DUI offenders in South Carolina have to also undergo a treatment program for drug and alcohol. The program is known as the Alcohol and Drug Safety Action Program (ADSAP). It is state-mandated and is necessary to complete to apply for license reinstatement.
In certain cases, the first offense DUI drivers may also be allowed to perform community service in place of serving jail time. You may have to perform the community service for the same number of days as you would have spent in jail.
You can choose to serve community service instead of jail time if you have a good attorney by your side.
Why Hire A DUI Lawyer?
Hiring a DUI lawyer during your first offense DUI in South Carolina can really be fruitful. You can keep your record clear of jail time with the help of a good DUI attorney.
He will know the ins and outs of handling a first-time DUI and can suggest better. It is with the help of a DUI attorney; he can help you get a community service done instead of spending jail time.
He may also guide you to get a chemical test done or not. Further, if you have been involved in a DUI accident, he may help you getting compensation from the other party. He also helps minimize the compensatory amount you may have to pay if you were the at-fault driver.
He can also guide you on how to answer when interrogated by a police officer. In South Carolina, the DUI drivers may also have to undergo the three sobriety tests. A DUI attorney can best help challenge the efficiency of such tests performed if you are evicted based on them.
The attorneys also help in minimizing your penalties and even help in reducing your jail time. You can also choose to stay silent when interrogated by the police officer and seek permission to talk to your attorney first.
That said, if you need any assistance related to first offense DUI in South Carolina, contact our lawyers today.