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 DUI attorney Spartanburg SC to discuss your defense immediately.
If you are facing DUI charges in Spartanburg, South Carolina, the experienced DUI lawyer at The Bateman Law Firm are ready to defend your case. A strong case may help you get your life back on track. Call our DUI attorneys Spartanburg SC today at 864-402-2556 to schedule your free, no-obligation session to start building your defense with one of our experienced DUI attorneys.
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 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.
If you have been charged with a DUI in Spartanburg, South Carolina, and are facing the possibility of penalties listed above, you should get in touch with our experienced DUI defense lawyer at The Bateman Law Firm. Call us today at 864-402-2556 to schedule your free consultation to discuss how to fight those charges.
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?
South Carolina law prohibits a person from driving a motor vehicle while under the influence of alcohol to the extent that his/her faculties to drive are appreciably and materially impaired. If you’re convicted of causing death or great bodily injury while driving under the influence or it’s your fourth DUI conviction, this is considered felony DUI and you face the following penalties:
- If it’s your fourth or subsequent DUI conviction, you face a jail term of between 1 and 7 years in prison, permanent license revocation, and an Ignition Interlock device for life.
- If great bodily injury occurs, you face a mandatory fine of between $5,100 and $10,100 and a jail term of between 30 days and 15 years.
- If death occurs you face a mandatory fine of between $10,100 and $25,100 and a jail term of between 1 year and 25 years.
The penalties above are not pleasant at all, which is why you need quality legal representation. Fortunately, at The Bateman Law Firm in Spartanburg, South Carolina, DUI defense is our area of specialization. If you have been charged with felony DUI charges, call us today at 864-402-2556 to schedule a consultation to discuss how best to fight them.
What Are the Common Defenses in DUI Cases?
If you’re facing a DUI charge in Spartanburg, South Carolina, you need to defend yourself by all means possible, DUI charges carry both criminal and administrative penalties, and even first-time offenders face mandatory jail time, fines, among various other consequences.
Fortunately, there are several potential defenses available. To find out how you can fight the DUI charges, you should speak with our experienced Spartanburg DUI lawyer at The Bateman Law Firm by calling 864-402-2556 as soon as possible. Here are the most common defenses we use in DUI cases:
Lack of Probable Cause for Stop
Law enforcement officials in Spartanburg, South Carolina cannot stop you for any reason they want. If you are pulled over for a suspected DUI, the police officer must have had reasonable suspicion that you were drunk. Here are some of the most common traffic violations that lead to DUI arrests:
- Swerving;
- Speeding;
- Failure to stop for traffic signals such as a stop sign or red light;
- Failure to use turn signals;
- Failing to come to a complete stop or “rolling through” a stop sign;
- Driving without headlights at night.
Once the traffic stop has been made, there must then be probable cause before you can be arrested for DUI. This is typically based on the police officer’s observations, which are often the same from case to case and include:
- The driver’s own statements.
- The smell of alcohol.
- The driver’s performance on standardized field sobriety tests.
It is also important to note that police officers in South Carolina are legally obligated to record video footage of all the DUI traffic stops they conduct. They are required to start recording as soon as they turn on their blue lights and must record everything through the administration of the breathalyzer.
A police officer is required to demonstrate an objective reason why they made a traffic stop. Our DUI defense lawyer can analyze your case to determine whether a Motion to Suppress Evidence should be filed in cases without any legal justification for the traffic stop.
Challenging Accuracy of Tests
Even if the arresting officer records the breathalyzer test being administered, there are still various issues that may still render the test itself invalid. For instance, perhaps the breathalyzer device hadn’t been recently calibrated, or perhaps the officer that administered the test wasn’t adequately trained or didn’t follow the laid down procedures.
Still, there are several other issues that may lead to a “false positive” for a BAC above 0.08% too. Some examples of these issues include:
- Recent use of mouthwash;
- Medical conditions e.g. diabetes;
- Recent consumption of certain kinds of food or breath mints;
- Recent consumption of cold or cough medication;
- Increase in the BAC after being pulled over.
If the prosecution based the entirety of their case on the test results, it can serve as a highly valuable defense. Our defense attorneys, in consultation with a forensic toxicology expert, can help identify breath testing issues that may result in a valid defense to the breath tests presented in your DUI case.
How Can a Spartanburg DUI Lawyer Help Me?
A South Carolina DUI lawyer such as those at The Bateman Law Firm can help you with your drunk driving charges. We can help you understand the charges against you and ensure that your rights are protected. We’ll be there to ensure that everything goes smoothly during the court proceedings so that the matter is resolved as quickly as possible.
Here are the top 3 ways our Spartanburg DUI defense lawyer can help you:
Negotiating With Prosecutors
Our DUI defense lawyer has years of experience working with prosecutors, which is something most of our clients don’t have. We can work with the prosecution to find alternatives to jail time and decide on plea bargains that lessen the burden on you. If you represent yourself in a DUI care, the prosecutors will rarely offer any options to the highest level of prosecution.
Getting Your Case Dismissed
In a Spartanburg DUI case, as with any criminal case, you have the right to ask the court to dismiss the case if the circumstances allow. Our DUI lawyer might closely review your case and file motions with the court to request a dismissal of the case if the arresting officer failed to provide the evidence required under the law.
Having Your Conviction Expunged
One of the lasting negative implications of a DUI conviction is how it can affect future employment opportunities and even credit. Our DUI lawyer may help you get the DUI conviction expunged from your record so that it has less of a harmful effect on your future. The process of getting a conviction expunged is far from easy, but our skilled lawyer has the knowledge to easily complete the procedure.
Our DUI lawyer at The Bateman Law Firm in Spartanburg, South Carolina, will help with all your legal issues pertaining to the DUI, from the first time you are contacted by the police through the trial. We will protect your rights and ensure that you understand all that’s going on throughout the legal process. If you are facing DUI charges in Spartanburg, consult our legal team today.
Facing DUI Charges in Spartanburg, South Carolina? We Can Help!
If you were arrested in Spartanburg, South Carolina, for a DUI for registering a BAC of .08% or higher, refusal to consent to a blood or breathalyzer test, or after causing a collision while under the influence of alcohol or drugs that resulted in physical injuries, property damage, or even death, you can expect to face harsh penalties under the law.
A DUI conviction in Spartanburg, South Carolina, has the potential to alter the rest of your life, impacting your potential future employment, your reputation among your peers, insurance rates, and many other aspects of your life. A DUI charge is a serious offense that requires an aggressive, strategic, and well-planned defense.
You will need the experienced Spartanburg DUI lawyer at The Bateman Law Firm to pursue the best outcome for your case. Call us at 864-402-2556 today to learn more about how we can help you outline the DUI charges and customize your legal strategy to ensure that your rights are protected throughout the proceedings. We look forward to hearing from you.
