Columbia DUI Lawyer
Thousands of people in South Carolina are injured or killed in DUI-related accidents every year. Like many other U.S. jurisdictions, this state has taken a firm stance against impaired driving. Depending on the driver’s blood alcohol level, the driver’s age, and whether the individual involved has been previously convicted of similar crimes, the accused may face either misdemeanor or felony charges.
The penalties upon conviction are strict and may result in license suspension, license revocation, ignition interlock devices, disqualification from commercial driver’s licenses, hefty fines, and even jail time. If you face criminal charges relating to impaired driving or driving under the influence, you should not hesitate to speak with a capable defense attorney. A Columbia DUI lawyer potentially could establish a strong defense based on your unique circumstances.
What Constitutes a DUI in SC?
South Carolina Code §56-5-2930 criminalizes the operation of a motor vehicle while the driver is under the influence of alcohol or any drug, such that the individual is materially and appreciably impaired. A blood alcohol concentration of at least .08 percent is an inference / presumptive BAC of DUI.
Every individual convicted of driving under the influence in South Carolina must participate in the Alcohol and Drug Safety Action Program (ADSAP). In addition, nearly all DUI convictions involve a license suspension or license restrictions, and some require drivers to use an in-car breathalyzer to start their cars. A DUI defense attorney in Columbia could assist the accused with navigating the criminal justice system and mounting an effective defense.
Penalties for Driving Under the Influence in Columbia
In addition to the mandatory ADSAP participation and license suspension or restrictions, DUI convictions, guilty pleas, and no-contest pleas also may carry public service employment requirements, monetary fines, and prison sentences. Since the penalties upon conviction are so severe, an experienced DUI criminal defense attorney near the area could help the accused present any available defenses or mitigating factors that may allow for the lower end of the mandatory range or a plea to a lesser crime.
First Offense DUI
First offenses are tried in magistrate court. The penalty for a first offense is $400, 48 hours to 30 days in jail, or 48 hours of public service employment. However, the penalties are dependent on how much alcohol is in the driver’s bloodstream. If the driver’s blood alcohol concentration (BAC) is at least 0.1 percent but less than 0.16 percent, the sentence jumps to a $500 fine, 72-hour minimum imprisonment, or 72 hours of public service employment. For a driver, whose BAC is 0.16 percent or greater, the penalty is $1,000 in fines, a mandatory minimum 30- to 90-day prison sentence, or 30 days of public service employment.
Second Offense
For individuals convicted of a second DUI within the past ten years, penalties are more severe and require both a monetary fine and jail time. For a BAC less than 0.1 percent, the sentence is a fine of $2,100 to $5,100 and five days to one year in prison. For a BAC of at least 0.1 percent but less than 0.16 percent, the penalty is a $2,500 to $5,500 fine and a 30-day to two-year prison sentence. If a driver’s BAC is 0.16 percent or greater, the fine is $3,500 to $6,500 and 90 days to three years in jail.
Third Offense
The minimum penalty for a third offense is $3,800 to $6,300 and 60 days to three years in prison. For a BAC of at least 0.1 percent but less than 0.16 percent, the fine is $5,000 to $7,500 and a 90-day to four-year prison sentence. When the driver’s BAC is 0.16% or greater, the penalty is a $7,500 to $10,000 fine and six months to five years in jail.
Fourth or Subsequent Offense
For a fourth or subsequent DUI offense in South Carolina, the minimum prison sentence is one to five years. It is a two- to six-year prison sentence for a BAC of at least 0.1 percent but less than 0.16 percent, and three to seven years in jail for a BAC of 0.16 percent or greater.
Speak with a DUI Attorney in Columbia Today
Convictions of driving under the influence often carry an incredible stigma, along with a loss of freedom and financial penalties. Additionally, each subsequent conviction comes with increasingly strict sentencing.
A skilled Columbia DUI lawyer could evaluate whether any affirmative defenses — such as failure to follow the appropriate field sobriety test protocols, improper specimen storage, Miranda violations, video recording statute, incident and breath test site issues, and medical conditions — may apply in your situation. To learn more, call our office today and schedule a consultation.
