South Carolina Drunk Driving Laws
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The term BAC refers to the amount of alcohol found in a person's bloodstream—a percentage also known as blood-to alcohol-ratio. According to state law, a driver's ability to operate a vehicle becomes impaired once this figure reaches 0.08% or higher. This means that, even if you show no signs of impairment, you can be arrested and charged with DUI if you are caught driving with a BAC above this limit.
However, if you are underage or operate a commercial vehicle, the 0.08% BAC limit does not apply to you. In South Carolina, an underage driver needs only a BAC of 0.02% to warrant his or her arrest, while commercial drivers are permitted a BAC of only 0.04%.
Officers rely on breathalyzers and other chemical testing methods—including blood and urine tests—to determine a driver’s BAC. It is important to know that, due to the state's “Implied Consent Law,” every driver must comply with an officer’s request for chemical testing. If you refuse to perform the test, you can expect to be arrested and charged with DUI as a result.
The penalties for a drunk driving conviction will be primarily based on your previous history of DUI. If this is your first conviction, your sentence may include a $400 fine and a six-month license suspension. In addition, the judge may also order you to spend anywhere from 48 hours to 30 days behind bars, and/or perform up to 48 hours of community service.
Understandably, the punishment for driving under the influence will only increase if you have a prior conviction on your record. For a second offense, you could face up to $5,100 in fines, a one-year license suspension, and a one-year jail sentence—and these penalties will continue to rise with each subsequent conviction.
If you are convicted of four or more DUIs, your driving privileges will be permanently revoked and you'll spend no less than one year behind bars. And, regardless of whether it’s your first or fourth conviction, the court may impose additional penalties if you are arrested with a BAC of 0.10% or higher.
As you can see, the penalties for drunk driving are quite severe—so it is important to seek legal counsel immediately if you want to avoid the devastating impact of a South Carolina DUI conviction. To determine the best strategy for your situation, submit your information online today for a free, no-obligation consultation with an experienced DUI defense attorney in your area.
