Driving under the influence (DUI) is a common charge law enforcement imposes against residents. However, despite their frequency, these charges are not easy to resolve. Even a single conviction could be punishable by steep fines, license restrictions, and jail time. Moreover, if you are arrested and convicted of DUI more than once, the penalties you may face become exponentially more severe.
When you face criminal charges related to drunk driving, contacting a seasoned defense attorney should be your number one priority. You can fight these charges with a comprehensive defense strategy, but pursuing your case without a Charleston DUI lawyer on your side will likely lead to an unsatisfactory outcome.
What Counts as DUI in Charleston?
Under the South Carolina Code of Laws § 56-5-2930, it is illegal for drivers to operate any motor vehicle while “materially and appreciably impaired” by alcohol, prescription medications, or controlled substances. Anyone found behind the wheel with a blood alcohol concentration (BAC) equaling or exceeding 0.08 percent could be arrested for a “per se” DUI, meaning law enforcement authorities can assume the driver is impaired and prosecute them accordingly with or without any additional evidence.
Law enforcement might also infer that a driver is impaired based on a BAC between 0.05 and 0.08 and other accompanying evidence, such as performance during a sobriety test. A knowledgeable Charleston attorney could explain the criteria for a DUI and offer crucial assistance in contesting the prosecution’s case against an alleged defendant.
Increasing Penalties for Repeat Offenses
A first-time offender convicted of DUI may be subject to a fine of $400 plus additional surcharges and assessments, between 48 hours and 30 days in jail, and a six-month driver’s license suspension. After a second offense, penalties could include $2,100 and $5,100 in pre-surcharge fines, imprisonment for between five days and one year, and a one-year license suspension.
Third convictions for DUI are punishable by pre-surcharge fines of $3,800 to $6,300, 60 days to three years of imprisonment, a minimum two-year license suspension up to a maximum of four years when the defendant’s third offense occurred within five years of their first, and vehicle confiscation if it is the defendant’s third offense within five years. Finally, fourth and subsequent DUI convictions are punishable by one to five years of imprisonment and permanent license revocation.
Importantly, anyone who causes a traffic accident resulting in severe injury or death may be charged with felony DUI and face substantially harsher sanctions upon conviction. Causing significant bodily injury through drunk driving could result in pre-surcharge fines of $5,100 to $10,100 and 30 days to 15 years in prison. On the other hand, a DUI resulting in death is punishable by $10,100 to $25,100 in pre-surcharge fines and between one and 25 years of imprisonment. A dedicated and aggressive lawyer in Charleston could investigate an alleged offender’s DUI charge and fight for the minimum sentence available.
Get in Touch with a DUI Attorney in Charleston Today
Police officers in South Carolina take DUI charges very seriously, and court officials tend to prosecute them harshly. When dealing with a case like this, representation from experienced defense counsel could mean the difference between a favorable result and one that permanently alters the course of your life.
A Charleston DUI lawyer could review your rights and defense options during a private consultation. Call today to schedule yours.
