Speak with an Isle of Palms DUI lawyer right away if you have been arrested for driving under the influence of alcohol or drugs. DUI charges can lead to severe penalties, including the loss of your license, jail time, and substantial fines.
These penalties will be harsher if you caused an accident that resulted in bodily injuries or death. An experienced criminal defense attorney could assess the facts of your case and prepare the best possible defense on your behalf.
Penalties For Driving Impaired
It is illegal to operate a vehicle in South Carolina while under the influence of alcohol or drugs. An Isle of Palms attorney could help a client understand how the state penalizes DUI convictions based on the defendant’s blood alcohol content, or BAC.
Under S.C. Code Ann. § 56-5-2933, a driver is automatically charged with a DUI if they have a BAC of 0.08 percent or more. Commercial drivers are presumed intoxicated if they have a BAC of 0.04 percent or higher. A driver with a BAC of at least 0.05 percent could still be charged with a DUI if demonstrating other signs of impairment.
Whether a DUI offense is classified as a misdemeanor or felony depends on several factors, such as the driver’s BAC levels and their number of prior offenses. A higher BAC will subject the defendant to harsher penalties.
Any driver convicted of a DUI must enroll in and complete an approved Alcohol and Drug Safety Action Program, or ADSAP. This government-funded substance abuse program offers classes intended to help teach participants about substance abuse through counseling sessions in both a group and individual setting. The required number of sessions will depend on an individual’s personal history, drinking habits, and other factors assessed by an ADSAP intake coordinator.
Implied Consent to Alcohol Testing
According to S.C. Code Ann. § 56-5-2950, any person operating a vehicle in South Carolina gives implied consent to chemical testing for the presence of alcohol or drugs in their breath, blood, or urine if they are arrested for an alleged DUI.
Refusing to submit to testing can result in penalties, including an automatic license suspension for up to six months. In such cases, an individual can seek a separate implied consent hearing in an attempt to temporarily regain their driving privileges.
A DUI attorney in the Isle of Palms could discuss the consequences of refusing to submit to alcohol testing during a consultation. While it does provide the court with less proof of impairment, refusal could lead to stiffer charges.
Vehicular Homicide and Felony DUIs
Under S.C. Code Ann. § 56-5-2910, a person is guilty of felony reckless vehicular homicide if they kill another person while operating a motor vehicle with reckless disregard. The statute stipulates that the death must occur within three years of the initial injury. Reckless driving occurs when a driver shows a blatant disregard for the safety of others.
Reckless vehicular homicide convictions can produce severe penalties, including a maximum ten-year prison term and a fine up to $1,000. Additionally, a conviction could result in the revocation of the defendant’s license.
Additionally, a person is guilty of a felony DUI offense if they cause great bodily injury or death to another person while operating a motor vehicle under the influence of alcohol or drugs. A felony DUI conviction can lead to up to 15 years in prison and significant fines. An Isle of Palms DUI attorney could examine the facts of a particular case to determine what penalties an individual could expect to face upon conviction.
Speak with an Isle of Palms Lawyer Immediately About DUI Charges
Do not delay speaking with an Isle of Palms DUI lawyer if you have been accused of driving impaired. An attorney at one of our offices in Mount Pleasant, Summerville, and North Charleston is ready to fight on your behalf, so contact us today.
