DUI in South Carolina

Driving Under the Influence (DUI) of alcohol or drugs is a serious offense. In South Carolina, there are many ramifications for a DUI conviction that can have devastating effects for the defendant.

South Carolina has an Implied Consent Law. This means that when a driver accepts the responsibility to become a licensed driver in the state, they agree to willingly consent to any type of chemical test performed by a police officer to test for drunk driving. Officers may pull over a driver who is driving erratically, speeding, swerving, driving too slowly, or otherwise exhibiting strange or altered driving behavior that could indicate the influence of drugs or alcohol. DUI includes both illegal and legal prescription drugs. A common chemical test is a breathalyzer, which tests the blood alcohol content (BAC) in a person’s bloodstream. There is a legal BAC limit in most states, including South Carolina, of .08%. More complex chemical tests could include taking urine or blood samples for analysis. All chemical tests are admissible in court. Drivers who refuse to take a chemical test at the scene of the suspected DUI will automatically have their license suspended for a certain period of time, depending on their driving record.

Drivers should be aware that even if their BAC is under the legal limit, they can still be convicted of a DUI if their alcohol consumption was enough to impair their driving. For some people, even one drink can be too many to safely drive a car. For underage drinkers, there is much less tolerance by the court system for driving under the influence as the drivers are essentially breaking two laws simultaneously.

Drivers suspected of drunk driving do have legal rights. The police officer is required to videotape the entire event, from the pullover to the chemical testing. The officer must inform the driver of their Miranda rights and also of the Implied Consent Law.

Defendants in South Carolina are encouraged to seek legal counsel immediately. They are entitled to a trial by jury for a DUI and would only benefit from the help of an attorney. The fines and penalties of a DUI conviction are very serious so it is in the best interest of the defendant to have a lawyer.