Driving while under the influence (DUI) in Moncks Corner is a serious criminal offense that could result in serving several years of imprisonment, if convicted on these charges. Other penalties could include facing substantial fines and suspension of your license. Contact a Moncks Corner DUI lawyer immediately if you have been accused of these charges.
Individuals with prior DUI or DUAC convictions will be sentenced more harshly for subsequent offenses. Especially if you have a prior conviction, hiring dedicated legal counsel could help you clear your name and avoid severe penalties.
What BAC Constitutes Driving Under the Influence?
Driving a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher is against the law in Moncks Corner and could constitute a DUI offense. However, a person suspected of driving under the influence who tests with a BAC between 0.05 and 0.08 percent could also be convicted of a DUI if other evidence indicates that the person was driving unsafely.
Implied Consent in Moncks Corner
The law specifies that consent to DUI testing is implied for any individual driving in the state who is suspected of operating a car while intoxicated by alcohol or drugs. Testing can be performed through a breathalyzer, blood test, or urinalysis.
Refusal to be tested could result in an automatic suspension of a driver’s license for at least 90 days. In some cases, it could be possible for a DUI attorney in Moncks Corner to fight to have that suspension of a person’s license lifted.
Penalties for DUI Offenses in Moncks Corner
The penalties for driving a vehicle in Moncks Corner while under the influence of alcohol can include fines, imprisonment, and suspension or revocation of a driver’s license, as well as possible confiscation of an individual’s vehicle. The specific sanctions imposed may depend on whether the DUI or DUAC was a first offense or subsequent one, and are as follows:
- First DUI: Fines up to $400, confinement for up to 30 days, and suspension of the driver’s license for six months.
- Second DUI: Fines from $2,100 to $5,100, imprisonment for up to one year, and suspension of the driver’s license for one year.
- Third DUI: Fines from $3,800 to $6,300, incarceration for up to three years, and suspension of the driver’s license for two years.
- Fourth or Subsequent DUI: Prison sentence of one to five years and permanent revocation of the driver’s license.
In addition to any fines imposed for a DUI offense, a person could also be required to pay various assessments and surcharges that could result in a total owed amount that is slightly more than double the fine. A DUI defense legal advisor in Moncks Corner could explain the purpose and amounts of the different assessments and surcharges that could be imposed for a first or subsequent offense.
What are Felony DUI Offenses and Penalties?
A person who causes great bodily injury or death to another individual as a result of driving under the influence of alcohol or drugs could be charged with a felony DUI in Moncks Corner. The punishment may be a prison sentence of up to 15 years and a mandatory fine in an amount between $5,100 to $10,100, plus assessments and surcharges. The penalty for a felony DUI resulting in someone’s death is a prison sentence of one to 25 years and a mandatory fine between $10,100 and $25,100, as well as additional charges for assessments and surcharges.
Speak with a Moncks Corner DUI Attorney
If you have been charged with a DUI or a DUAC, do not plead guilty or try defending yourself. You need a Moncks Corner DUI lawyer on your side to defend you.
A seasoned attorney could examine all aspects of your case and develop a plan to fight the charges against you. Speak with qualified legal counsel to protect your future right away.