BASICS OF DUI IN SOUTH CAROLINA

   Many people equate a DUI case with the reading from the breath test some DUI suspects take. While many refer to this as the “Breathalyzer”, the breath test machine used in South Carolina is actually the BAC DataMaster. But a DUI case often involves much more than just a number from a machine (or lack thereof). In fact, citizens accused of DUI have numerous rights and proving DUI can be more difficult than many people think. However, a DUI charge, even without a conviction, can have immediate impact on your life due to administrative license suspension. A DUI defense lawyer can force the State to prove its case while pointing out what the officers did incorrectly and presenting the facts that favor you. The Spartanburg DUI defense lawyers at Holland Law Firm have aggressively defended DUI cases for over 30 years. If you have been charged with DUI in Spartanburg County, call us at 582-0416 to schedule a consultation to discuss your case and protect your rights.

   PROVING DUI- To convict a person of driving under the influence (DUI), the State must prove beyond a reasonable doubt the person was driving a motor vehicle while the person’s mental and physical faculties to drive were materially and appreciably impaired by alcohol or drugs or both.

   While the so-called “legal limit” for a breath test in South Carolina is .08, A PERSON WHO BLOWS A .08 OR MORE IS NOT AUTOMATICALLY GUILTY. Sometimes people who blow .08 or over are charged with Driving with Unlawful Alcohol Concentration, or DUAC. In a DUI trial, the breath test result is one fact the judge or jury considers in deciding whether or not a person was too impaired to drive.

   DUI TRIAL- In South Carolina, all persons charged with DUI have a right to a jury trial. The central question in many DUI cases is whether the person was too impaired to drive. A DUI lawyer can attack many issues at trial, including:

   South Carolina law requires officers to videotape, with very limited exceptions, both the roadside investigation of DUI suspects and the breath test, whether the suspect takes it or not. These videotapes are a valuable tool for both protecting your rights and preparing your defense. At Holland Law Firm, we thoroughly review your DUI videotapes to strengthen our defense of your case. If you have been charged with DUI in Spartanburg County, call us at 582-0416 to schedule a consultation to discuss your case and protect your rights.



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BASICS OF SOUTH CAROLINA ADMINISTRATIVE LICENSE SUSPENSION

   In South Carolina, citizens accused of DUI potentially face not one, but TWO separate license suspensions. If you are convicted of DUI in South Carolina, you suffer license suspension and other penalties. South Carolina administrative license suspension (ALS) can occur before you are even tried for the charge. Even if you are not a resident of South Carolina, your South Carolina ALS may be reported to your home state’s Department of Motor Vehicles and could affect your home state driving privileges as well.

   WHEN ALS APPLIES- ALS allows the arresting officer to suspend your South Carolina driver’s license or privilege to drive in South Carolina if you are not a resident AS OF THE DAY OF YOUR ARREST if you either 1) refuse the breath test OR 2) take the breath test and blow .15 or over.

   SUSPENSION PERIOD- If you refused the test, your South Carolina license or privilege to drive in South Carolina if you are not a resident is suspended for 90 days. If you blew .15 or over, the suspension is 30 days.

   If you have been previously convicted for DUI in the 10 years prior to your arrestor had ALS in the 10 years prior to your arrest, the suspension period doubles.

   ALS HEARING- Citizens under ALS have the right to a hearing to determine whether the officers properly observed certain procedural steps. THIS HEARING MUST BE REQUESTED IN WRITING WITHIN 30 DAYS OF YOUR ARREST OR YOU LOSE YOUR RIGHT TO IT. If the hearing is requested in time, you may qualify for a temporary license allowing you to drive without restrictions pending the outcome of the hearing.

   If you win the hearing, your license is reinstated. Even if you do not request a hearing or lose at the hearing, you may be able to obtain a route-restricted license allowing you to drive for work or school purposes, but you will have to enroll in ADSAP first.

   If your license has been suspended for ALS in Spartanburg County, the Spartanburg DUI defense lawyers at Holland Law Firm can help you protect your rights and your license. Call us at 582-0416 to discuss your ALS and DUI case.

BASICS OF DUI CONVICTION PENALTIES IN SOUTH CAROLINA

    A DUI conviction in South Carolina carries consequences that reach far beyond a fine or jail time. It is therefore crucial for anyone charged with DUI to contact a lawyer to discuss their rights and possible defenses.

   The Spartanburg DUI defense lawyers at Holland Law Firm will fight for your rights because the stakes are high. If you have been charged with DUI in Spartanburg County, please call us at 582-0416 to schedule a consultation to discuss your rights and possible defenses. 

I. CRIMINAL PENALTIES

   South Carolina law provides that a DUI 1st offense is punishable by a $400 fine or not less than 48 hours nor more than 30 days in jail. The judge may substitute 48 hours of public service for the minimum jail sentence. Due to court assessments added to any fine, the fine for any DUI offense in South Carolina usually doubles. For example, the DUI 1st
offense fine in Spartanburg County is typically around $992.00.

   For a DUI 2nd offense (occurring within 10 years of a previous DUI conviction), South Carolina law provides for a $2100-$5100 fine AND 5 days to 1 year of jail. Instead of jail, the judge can order 30 days public service.

   For a DUI 3rd offense, South Carolina law provides for a $3800-$6300 fine AND 60 days to 3 years in jail.

   For a DUI 4th offense and up, South Carolina law provides for 1 to 5 years in jail.

II. LICENSE SUSPENSION  

   For a DUI 1st conviction, South Carolina law provides for license suspension of 6 months. For a DUI 2nd conviction, the suspension is 1 year; for a DUI 3rd conviction, 2 years, unless the conviction comes within 5 years of the date of the DUI 1st, which causes a suspension of 4 years; for 4th offense and up, permanent license revocation.

   A person convicted of DUI 1st offense in South Carolina may be eligible for a provisional license valid for 6 months, but the person must first enroll in ADSAP and file SR-22 insurance.

III. ADSAP  

   ADSAP is the abbreviation for South Carolina’s Alcohol and Drug Safety Action Program. Persons convicted of DUI in South Carolina must at least be enrolled in the program before they can get their South Carolina license back, unless they enrolled in ADSAP while under administrative license suspension. Completion of ADSAP is a condition of license reinstatement. The person must pay fee of at least $500 to ADSAP and attend time-consuming classes. ADSAP may also charge for additional treatment costs.

IV. SR-22 INSURANCE  

   In South Carolina, persons convicted of DUI must carry SR-22 insurance for 3 years, which causes their insurance premium to increase dramatically. Because the conviction remains on the driving record for 10 years, premiums may remain high for many years after a conviction.

V. LOSS OF SCHOLARSHIP/EMPLOYMENT OPPORTUNITIES  

   Students on South Carolina Life Scholarships are ineligible for the scholarship until after the expiration of 1 academic year from conviction.

   License suspension can create frustration for the person convicted of DUI by forcing the person to get a ride to work if the person cannot obtain a provisional license. Worse, many employers have an anti-DUI policy, creating the threat of losing a current or future job as a result of a conviction. This can be especially true for traveling salesmen and commercial drivers’ license (CDL) holders, making it tremendously important for these people to seek a lawyer’s aid when charged with DUI.

BASICS OF DRIVING WITH UNLAWFUL ALCOHOL CONCENTRATION (DUAC) IN SOUTH CAROLINA

   In South Carolina, a person who is lawfully stopped by the police, then blows a .08 or higher may be charged with Driving with Unlawful Alcohol Concentration (DUAC). A PERSONIS NOT AUTOMATICALLY GUILTY OF DUAC JUST BECAUSE THE PERSON BLEW OVER A .08. In fact, South Carolina law provides citizens charged with DUAC with very important rights. Citizens charged with DUAC in South Carolina retain the most crucial right of all, the right to a jury trial. In a South Carolina DUAC trial, the breath test result is one fact the judge or jury considers. At trial, South Carolina law also allows people charged with DUAC to challenge the legality of certain events leading to the charge, from the reason for the traffic stop through the breath test. South Carolina law also entitles a person charged with DUAC to present evidence casting doubt on the validity of the test result, including the person’s driving, the person’s performance of field sobriety tests, and the videotapes made by the officer from the roadside and breath test room. Thus, a DUAC case is far more than just a breath test reading and is certainly not necessarily a slam dunk for the State to win.

   A DUAC conviction can carry the same penalties as a DUI conviction. If you have been charged with DUAC in Spartanburg County, call the Spartanburg DUAC defense lawyers at Holland Law Firm at 582-0416 to discuss your case.