South Carolina DUI Penalties

South Carolina DUI law states that a person can be prosecuted for DUI under one of two legal concepts. In accordance with the first legal concept, if an individual is operating a vehicle while under the influence of alcohol and/or drugs, and demonstrates physical and mental impairment, they are in violation of the law. While the first legal concept is concerned with the obvious impairment of the offending driver, the second theory relates entirely to the offender’s overall body chemistry. This second legal concept is otherwise known as the “per se” law.

The “per se” law states that an individual with a blood alcohol level (BAC) of .08 percent or higher is technically intoxicated, regardless of whether or not that individual shows any significant physical signs of impairment at the time of arrest.

A unique aspect of South Carolina’s DUI law is the requirement for every officer whom is arresting an individual on DUI charges to videotape the whole process from the point when he or she turned their sirens on, read the offender their rights, and placed the individual under arrest. Interestingly, if the officer did not videotape the arrest, and has no way of proving that he or she had a viable reason to not videotape the affair, the case may then be dismissed.

South Carolina DUI Penalties

If convicted for a first time DUI offense in South Carolina, an offender may receive penalties such as a $400 fine or a jail sentence of 48 hours to 30 days. However, in lieu of jail time, a judge may order an offender to complete 48 hours of public service.

A second DUI conviction may result in penalties such as a fine of $2,000 to $5000 and an imprisonment of least 5 days up to a maximum of 1 year. Once again, a judge may order an offender to complete at least 30 days of community service in lieu of imprisonment.

Finally, a third DUI offense may carry with it penalties such as a fine of $3,800 to $6,300, and a jail sentence of least 60 days to a maximum of 3 years. It is important to note that a fourth DUI offense is considered to be a felony, and the resulting penalties will increase substantially.

The penalties for a DUI in the state of South Carolina are not easily dealt with; therefore, it is highly recommended that if you or someone you know has received a DUI charge in South Carolina, that you contact a South Carolina DUI Defense Lawyer immediately.