South Carolina is slowly and gradually implementing more stringent laws for DUI drivers. The rate of DUI accidents and cases is diminishing in South Carolina compared to the past few years. But is it still enough?
Let’s understand the current level of DUI crimes in South Carolina. There are basically four crimes in Greenville, South Carolina, for which the offenders can land in trouble. These four DUI crimes include:
Driving Under the Influence Causing Impairment
According to this law or DUI stature, it is unlawful to drive a motor vehicle under the presence of alcohol, drug, or a combination of both to the extent that the driver’s motor skills are impaired appreciably and materially.
It includes the presence of three elements, namely: driving of a motor vehicle, the presence of alcohol/drug in the body, and visible signs of impairment.
To fulfill this crime, the driver of the vehicle had to be driving the vehicle i.e. the vehicle should be in motion. If the driver is sleeping in the car/vehicle with the vehicle’s engine on but the car was not moving, this doesn’t count as a DUI conviction.
The law applies irrespective of if you are driving on a public highway or state road. This is to say the law also applies to driving on private property.
This was during a case of State vs. Allen. Under this case, the accused driver parked his truck in front of a building and worked underneath the parked truck. When he got up and started the truck, the gears slipped, and his truck entered into the storage building, which collapsed over the truck. The fire department and the police department arrived at the scene. Officers could smell alcohol. The test was performed, and the driver was found to be highly under the influence (0.24% BAC, which is exceedingly high). He was later taken into custody.
It was this case where SC said the DUI laws also apply to driving on private property and not only on roads.
Driving Under Influence With Unlawful BAC
In Greenville, South Carolina, you can be convicted of a DUI crime if you are driving a vehicle with an unlawful blood alcohol content (BAC).
Even without being impaired, if the alcohol content is found to be more than the legal limit, the person will be convicted. If the police officer found your BAC to be above 0.08, he has the right to evict you. You will also have to submit to several tests like urine samples, breath testing, blood samples etc. Denying these tests can result in driving card suspension.
This stature also specifies the vehicle should be in motion to be convicted.
Committing Felony DUI
Felony DUI can get the driver in serious trouble. A DUI arrest would be a felony DUI if driving under influence caused a vehicle wreck, crash that caused death/injury of a person.
Being convicted of the felony DUI leads to facing a lengthy jail time. You can also face a DUI lawsuit from the plaintiff to recover the damages caused. Under the lawsuit, as a defendant, you will have to pay compensation to the injured party. This compensation can be both monetary and non-monetary. Some damages include vehicle damage, medical bills, loss of life and property, damages due to emotional suffering, loss of income etc.
The last stature of DUI crime in South Carolina is child endangerment. This applies when the driver violates any of the above statutes when he/she isn’t a minor or when the driver violates any of the above laws while having at least one passenger in the car who is less than 16 years of age.
Driving under influence under the presence of a child in your car pertains to endangering the life of a minor child. This is punishable under law, and therefore, this stature is covered under the DUI crimes of South Carolina.
Contact Our Greenville DUI Defense Lawyers
If you have been charged with a DUI, you can always seek help from a DUI attorney in Greenville, South Carolina, for support and guidance.
There are always two sides to a story. Your case may have the potential you are unaware of. It is always better to talk to an experienced criminal defense attorney before giving up on the case. Experienced attorneys can judge each case and suggest the best possible outcome.
To learn more about DUI crimes in Greenville, contact our expert DUI attorneys today.