If you are facing a drunk driving charge in North Charleston, it is important to have a clear understanding of how South Carolina’s DUI laws apply to your individual circumstances. From the charge (or charges) you are facing to the penalties that are on the table, many of the most-important aspects of your case will depend on the specific facts involved.
But, many of South Carolina’s DUI laws also apply across the board. For example, as we discuss in greater detail below, DUI convictions in South Carolina are not eligible for expungement. Once you know how the law applies to your situation, then you can make informed decisions about your defense.
Understanding South Carolina’s DUI Laws
So, what do you need to know about South Carolina’s DUI laws? In this article we break down South Carolina’s DUI laws into five key categories:
- DUI Offenses
- Other DUI-Related Offenses
- Penalties for DUI and Related Offenses
- Defenses to DUI and Related Offenses
- Expungement
1. DUI Offenses
South Carolina law establishes a few different types of DUI offenses. If you have been arrested for drunk driving in South Carolina, the specific charge you will face depends on the facts of your case and the evidence the police collected during your arrest. Potential drunk driving charges under South Carolina law include:
- Driving with an Unlawful Alcohol Concentration (DUAC) – If your blood alcohol concentration (BAC) is 0.08 percent or above, you can be charged with driving with an unlawful alcohol concentration (DUAC). This is also known as a “per se” A DUAC charge is based solely on your BAC, which means prosecutors do not need to prove that your driving abilities were impaired.
- Operating a Motor Vehicle While Under the Influence of Alcohol – In contrast to a DUAC charge, you can face a charge for operating a motor vehicle while under the influence of alcohol regardless of your BAC. As a result, even if your breathalyzer test results are invalid, this does not necessarily mean that you will be able to avoid a conviction.
- Felony DUI – If you caused an accident resulting in great bodily injury or death while driving under the influence, you can be charged with a felony DUI. Facing any type of felony charge is an extremely serious matter, and you could be at risk for years or decades of imprisonment.
2. Other DUI-Related Offenses
In addition to facing DUI charges, many individuals who get arrested for drunk driving will face related charges as well. Two of the most common DUI-related charges in South Carolina are:
- Implied Consent Violations – Under South Carolina’s “implied consent” law, you are generally required to submit to a breath test when the police pull you over on suspicion of drunk driving. However, there are exceptions that apply in some cases. If you get charged with an implied consent violation, you can face penalties for this violation regardless of whether you were drunk behind the wheel.
- Open Container Violations – Like most states, South Carolina has an open container law. If you get pulled over with an open container of alcohol anywhere in your vehicle other than the trunk or luggage compartment, you can be charged with a misdemeanor offense.
3. Penalties for DUI and Related Offenses
The penalties for DUI charges and related offenses in South Carolina are determined based on the nature and severity of the offense. The law establishes maximum penalties for both misdemeanor and felony offenses, and then judges have the discretion to impose penalties at or below this maximum on a case-by-case basis. For an in-depth overview of the possible sentences in South Carolina DUI cases, you can read: What Are South Carolina’s DUI Penalties?
4. Defenses to DUI and Related Offenses
There are several potential defenses to DUI and related charges under South Carolina law. If you are facing a DUI, implied consent violation, or open container violation charge, the defenses you can assert will depend on the particular facts of your case. Some examples of potential defenses in South Carolina DUI cases include:
- Failure to Record Your DUI Stop – South Carolina law requires police officers to record DUI stops. The police must begin recording as soon as they initiate a stop (i.e. turn on their blue lights), and they must continue recording through your breath test. If the police failed to record your DUI stop, this could provide you with a defense.
- Failure to Follow Protocols – In addition to recording DUI stops, the police must follow various other protocols when making drunk driving arrests. If the officer who arrested you improperly administered the breathalyzer or field sobriety tests (FST), or if the officer failed to read your Miranda rights when required, these mistakes could provide defenses as well.
- Invalid Test Results – Various issues can render breathalyzer test and FST results invalid. If you blew a “false positive” or the arresting officer improperly interpreted your performance, then prosecutors should not be able to use your test results against you.
- Inadequate Proof of Guilt – South Carolina law requires prosecutors to prove defendants’ guilt “beyond a reasonable doubt.” If the prosecution’s proof is inadequate, the law entitles you to walk free.
- Violation of Your Rights – The police and prosecutors must respect your rights. If police or prosecutors violate any of the rights afforded to you under South Carolina law or the U.S. Constitution, this may entitle you to a dismissal or a “not guilty” verdict at trial.
5. Expungement
While many criminal convictions are eligible for expungement under South Carolina law, DUI convictions are not. This means that if you get convicted of DUI (or plead guilty to DUI) in court, your DUI case will stay on your record indefinitely.
Schedule a Free Consultation with a North Charleston DUI Defense Lawyer
If you are facing a drunk driving charge, it is extremely important to work with a defense lawyer who has an in-depth understanding of South Carolina’s DUI laws. North Charleston DUI defense lawyer Rad S. Deaton has been representing clients in DUI cases for nearly 20 years. To discuss your case with Mr. Deaton in confidence, call 843-225-5723 or request a free consultation online today.
The post What Are South Carolina’s DUI Laws? appeared first on North Charleston Attorney.
