As DUI law has developed in South Carolina and as public opinion has increasingly turned against individuals who find themselves with DUI charges, the penalties for DUI convictions and consequently DUI pleas have gotten stricter. The state legislature has taken increasing amounts of discretion away from judges to sentence based on the merits in each case and the character and individual traits of each defendant.
Today, there is mandatory minimum sentencing for every DUI based on past DUIs and the blood alcohol content at the time of arrest.
| BAC: | Less than 0.10% | 0.10%-0.15% | 0.16% or more |
| First Offense |
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| Second Offense |
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| Third Offense |
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| Fourth (and later) Offense |
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For first time DUI’s, the court may offer public service instead of jail time, but the court cannot make you accept public service instead of jail. Also, for first time DUI’s, the legislature has directed the courts to allow those convicted of DUI to serve their public service or jail time in such a way as to avoid interfering with employment, such as on the weekends.
In second and subsequent DUI offenses, the court will order that an ignition interlock device be installed in the defendant’s car at the defendant’s expense, upon conviction.
In addition to these minimum sentences, prosecutors are not allowed to bargain DUIs down to a wet reckless charge, which is allowed in some states. These sort of charges involve acknowledging that alcohol was involved, but in a charge less serious than DUI but more serious than reckless driving. Plea bargaining is still possible, but on different terms than in other states.
Keep in mind also that the DMV is required to collect and publish the names of all those whose licenses have been revoked due to DUI convictions.
If you have been convicted of a DUI in the Greenville, Spartainburg, Anderson area, please contact John Bateman, Attorney at Law, today Call 844-DUI-ALLY