References

DRIVING UNDER THE INFLUENCE FACTS:

Most of the clients who come into my office charged with DUI have never been arrested before. They are shaken from the embarrassment of completing field sobriety tests and horrified that they spent the night in jail. Most are also in fear of losing their jobs, their reputations, and liberty interests. Note there are time-sensitive aspects to a DUI case. If you have been charged with DUI, please contact my law office today to schedule a free consultation so I can begin to help you through these tough times. Below are some brief facts regarding South Carolina's DUI laws.

Under South Carolina law, it is unlawful to operate a motor vehicle under the influence of alcohol or other intoxicants to such an extent that one's mental and physical faculties are materially and appreciably impaired.

South Carolina's "Legal Limit" is 0.08%. However, providing a breath sample greater than or equal to that "number" does not prove one is intoxicated.

Penalties for Driving Under the Influence conviction:

For a First Offense:

                   -Refusal or 0.09% or less, minimum 48 hours to 30 days in jail, or a monetary
                    fine of approximately $1,000.
                   -0.10% to 0.15%, fine of greater than $1,200 or a jail sentence of a minimum 72
                    hours to 30 days.
                   -0.16% or greater, fine of greater than $2,200 or a jail sentence of a minimum
                    30 days to 90 days in jail.
                   -All DUI first offense convictions carry a driver's license suspension of 6

months
and mandatory Alcohol and Drug Safety Action Program ("ADSAP")
completion along with SR-22 insurance and a criminal record for life.

For a Second Offense:

                   -Refusal or 0.09% or less, a fine of $2,100 to $5,100 and a jail sentence of a
                    minimum 5 days up to 1 year in prison.
                   -0.10% to 0.15%, a fine of $2,500 to $5,500 and a jail sentence of 30 days to 2
                    years.
                   -0.16% or greater, a fine of $3,500 to $6,500 and a jail sentence of 90 days to 3
                    years.
                   -All DUI second offense convictions carry a driver's license suspension of 1

year
with no driving privileges available during that year, an ADSAP requirement,
and SR-22 insurance.

For a Third Offense:

                   -Refusal or 0.09% or less, a fine of $3,800 to $6,300 and a jail sentence of a
                    minimum of 60 days to 3 years.
                   -0.10% to 0.15%, a fine of $5,000 to $7,500 and a jail sentence of 90 days to 3
                    years.
                   -0.16% or greater, a fine of $7,500 to $10,000 and a jail sentence of 6 months to
                    5 years.
                   -All DUI third offense convictions carry a 2 year suspension, with no driving
                    privilege available, an ADSAP requirement, and SR-22 insurance.

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