South Carolina DUI Lawyer

Driving under the influence (DUI) of alcohol or drugs is a serious criminal offense in South Carolina that can lead to severe consequences. The charges and potential penalties can escalate depending on the circumstances of your arrest. If you are facing a DUI charge, consulting with a South Carolina DUI lawyer is crucial to ensure you have a strong defense and proper representation throughout the legal process. Call Price Benowitz today to begin working with a skilled criminal defense attorney.

How South Carolina Defines Driving Under the Influence

A DUI charge can be brought if a person operates a motor vehicle with a blood alcohol concentration (BAC) of .08% or higher, as stated in Section 56-5-2933(a). However, a driver can still be charged with DUI even if their BAC is below this limit if alcohol or drug use materially and appreciably impairs their ability to operate a vehicle. Indicators of impairment can include behaviors such as swerving, running red lights, or other erratic driving patterns.

A South Carolina DUI attorney can help you understand more about BAC testing and your rights. For example, issues with BAC testing—such as breathalyzer (Datamaster DMT) errors—can result in inaccurate readings that may lead to an unjust DUI charge.

Penalties for DUI

DUI penalties in South Carolina vary. Repeat offenses lead to harsher punishments. According to Sections 56-5-2930 and 2933, the penalties are as follows:

• First Offense: A fine of $400 or imprisonment from 48 hours to 30 days. Alternatively, community service for 48 hours may be offered in place of jail time
• Second Offense: A fine of $2,100 and imprisonment ranging from five days to one year
• Third Offense: A fine between $3,800 and $6,300, with jail time ranging from 60 days to three years
• Fourth Offense or More: Imprisonment between one and five years

The severity of the punishment can also increase based on the driver’s BAC. For example, if the BAC is between .10% and .16%, the minimum jail sentence for a first offense rises from 48 to 72 hours. If the BAC exceeds .16%, the minimum sentence increases to 30 days.

Aggravating Factors in DUI Cases

Certain factors can lead to additional criminal charges when facing a DUI. For example, if a DUI incident causes a traffic accident resulting in property damage or personal injury, the driver may face heightened penalties. Additionally, having minor passengers in the vehicle during a DUI offense can result in child endangerment charges under Section 56-5-2947. Let a South Carolina lawyer help you understand what charges you could be facing after a DUI, and the best course of action for moving forward.

Let a South Carolina DUI Attorney Help

Whether it’s your first DUI charge or a repeat offense, our South Carolina DUI lawyers can provide essential guidance and defense in your case. We review the facts, analyze the evidence, and help you navigate important decisions, such as whether to plead guilty or go to trial. In some instances, it may be possible to dispute the charges if there are flaws in the prosecutor’s case.

If a plea deal is the best option, a DUI lawyer can also assist in presenting your case to minimize sentencing. Our team at Price Benowitz will work closely with you to explore all legal options and build a defense tailored to your situation. Call today to learn more.