In South Carolina it is unlawful for a person to drive a motor vehicle while under the influence of alcohol or under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired. If you are facing a DUI Charge, you may benefit from hiring a Greenville DUI Lawyer.
If you have been charged with DUI, you were probably pulled over by an Officer and that Officer probably asked you a few questions. Then, the Officer asked you to step out of the car and take an eye test as well as a series of field sobriety tests.
If that Officer believed that you might have been driving under the influence that he believed rose to the level of probably cause he would arrest you and he probably requested that you take a breathalyzer test.
If you have been charged with a DUI in South Carolina you may benefit from consulting with a Greenville DUI Lawyer like Alex.
The following scenarios refer to individuals 21 years of age or older charged with a DUI 1st:
If you refused the breathalyzer or blew below a .10% and are convicted you will be fined $400 plus substantial court cost or imprisoned for not less than 48 hours or more than 30 days. The Court can consider 48 hours public service in lieu of incarceration.
If you blew at least a .10% but less than a .16% then you will be fined $500 plus substantial court cost or imprisoned for not less than 72 hours or more than 30 days. The Court can consider 72 hours of public service in lieu of incarceration.
If you blew a .16 or above you will be fined $1,000 plus substantial court cost or imprisoned for not less than 30 days or more than 90 days. The Court can consider 30 days of public service in lieu of incarceration.
Even if you failed a breathalyzer test, you may benefit from consulting a Greenville DUI Attorney. A DUI Attorney can evaluate the evidence against you, and advise you on how to proceed.
If convicted of a DUI 1st and you refused the breathalyzer your license will be suspended for 6 months and you will have to complete ADSAP before the suspension is lifted. You may enroll in the Ignition Interlock Device (IID) program, obtain an IID restricted license and obtain the IID for the remainder of your 6 month suspension or for 3 months, whichever is greater. IF convicted, you will not be eligible for a provisional license.
If you took the breathalyzer and you blew less than .15%, if convicted, you will lose your license for 6 months and you must complete ADSAP before your unrestricted license is reinstated. You may enroll in the IID program, obtain an IID restricted license and obtain the IID for the remainder of your 6 month suspension or for 3 months, whichever is greater. In this scenario, you are eligible for a provisional license if you enroll in ADSAP.
If you took the breathalyzer and you are convicted of having an alcohol concentration of .15% or higher you must enroll in the IID program, obtain an ignition interlock restricted license and you must use an IID for 6 months. You must complete ADSAP before your full driver’s license is reinstated. Your license will be suspended until you complete ADSAP AND use the IID for 6 months. You can not choose to sit out the suspension if you want your license reinstated. You are not eligible for a provisional license.
For DUI 2nd and higher offenses the license requirements and penalties range from having an IID for two years until the remainder of the offenders driving life.
A DUI is a serious offense that can have a negative effect on your life. It is not eligible for pretrial intervention (PTI). IF convicted of a DUI you will most likely be required to pay a fine, complete public service or be incarcerated, complete ADSAP (Alcohol and Drug Safety Action Program), and register for SR22 insurance. The Court has discretion to require you to install an ignition interlock device and if children were in the vehicle at the time of the incident you could be charged with child endangerment.
