If you have been charged with a Lexington SC DUI, or any South Carolina Driving Under the Influence charge, you are at risk of losing your license and going to jail. Under South Carolina’s tough new DUI law even first time offenders now risk as much as ninety days in jail.

James Snell is a criminal defense attorney in Lexington, South Carolina who is able to represent clients in Lexington, Columbia, and all throughout South Carolina who have been charged with DUI or Driving with an Unlawful Alcohol Concentration (DUAC). The information below will provide you with the important information you need to know if you or a loved one has been arrested for DUI. You should be aware that depending on your charge you may begin losing your legal right to fully challenge your case as early as 10 days after your arrest.

South Carolina DUI Penalties

The penalties for those convicted for first time DUI in South Carolina are dependent on the Blood Alcohol Content (BAC) that the police are able to establish in Court. Typically the police obtain the BAC level from the reading provided by the breathalyzer machine. It is an unfortunate, but realistic truth that ordinarily the only individuals in South Carolina fully prosecuted under our DUI law are the ones who tried to cooperate with the police.

South Carolina DUI Law is contained in S.C. Code § 56-5-2930. It provides for penalties for first time offenders to be as follows:

• For a BAC of <.10 a fine of approximately $992 or imprisonment for not less than 48 hours or more than thirty days.
• For a BAC of .10 - .16 a fine of approximately $1,227 or imprisonment for not less than seventy two hours of more than thirty days.
• For a BAC of >.16 a fine of approximately $2,480 or imprisonment for not less than thirty days or more than ninety days.

The penalties continue to escalate for repeat offenders, and by the time individuals reach their fourth offense the maximum penalties include a mandatory three to seven year imprisonment.

In addition to the criminal penalties there are also the administrative penalties. These include mandatory license suspensions, high insurance rates and an expensive alcohol and drug education course. A DUI conviction will also suspend a commercial driver’s license.

Administrative License Suspension

If you refused the police officer’s request to submit to a breath sample, or if you submitted and registered a 0.15 or higher, your license to drive in South Carolina will be suspended for a period of six months. This is in addition to any suspension that you may incur as a result of your DUI charge. If you allow this suspension to stand you will also be required to register and complete an alcohol course called ADSAP prior to ever regaining your license. This is regardless of if you are ever actually convicted of DUI. This is due to South Carolina’s implied consent law.

To protect our client’s rights we file a request to challenge the implied consent suspension with the South Carolina Administrative Law Court. Within 7-10 days of this request being received by the Court you may be eligible to receive a full, unrestricted license pending the outcome of your implied consent hearing. At this hearing the officer will have to provide legal proof to the hearing officer to have the suspension upheld. This can’t always be done, and if the suspension is rescinded you can continue to drive pending the outcome of your DUI case. If the suspension is reinstated for any reason you may be still be eligible for a restricted license.
South Carolina DUI Defenses
A South Carolina DUI or DUAC charge is a serious criminal offense, and with it comes all the protections afforded under the law. Being arrested or charged does not mean that you are automatically convicted, and there are many available defenses to a DUI or DUAC charge.  Possible defenses include:

• That the police officer did not have a legally justifiable reason for stopping you in the first place
• That the police established an illegal roadblock
• That there are technical problems with the breathalyzer or datamaster machine, or the records on the machines was not kept current
• You were not given Miranda rights as specifically required by the DUI law
• That there is insufficient evidence to show that you were materially and appreciably impaired in the operation of a motor vehicle
• That the police officer failed to follow required procedures for videotaping on the roadside and again in the breathalyzer or datamaster room
• There may be a lack of evidence that you were actually the driver or operator of a motor vehicle (frequently encountered in cases of single car accidents where individuals are arrested while walking for assistance)

Companion Charges

There are several charges that may accompany a DUI and may be prosecuted at the same time. These may include:

• ABC Violations
• Child Endangerment (serves to substantially enhance the DUI penalties)
• Driving Under Suspension
• Gun Charges
• Failure to Stop for a Blue Light
• Hit and Run
• Open Container
• Resisting Arrest
• Simple Marijuana Possession
• Taillight\Taglight Violations

If you have been charged with one of these, or another, criminal violation at the time of your DUI arrest it is even that much more important that you obtain the services of a DUI and Criminal Defense attorney you trust to work on your behalf.

These companion charges may serve to substantially increase the prospective jail times and/or fines you are facing and some may include an additional driver’s license suspension period.

South Carolina DUAC Law

South Carolina also has a special charge similar to DUI called Driving with an Unlawful Alcohol Concentration. The DUAC law is codified in S.C. Code § 56-5-2933. It is different from the DUI statute in that it allows for an individual to be convicted simply based on having a BAC over 0.08. There is a tiered system of penalties for those with a higher BAC like in DUI cases.

There are specific additional requirements that must be established in a DUAC case, the statute requires specifically that the State must prove:

• Whether or not the defendant was lawfully arrested;
• The time period between arrest and the breath testing (must not exceed 2 hours);
• Whether or not the defendant was given specific rights (beyond Miranda) orally and in writing;
• Whether or not the defendant knowingly and voluntarily submitted to a breath test;
• Whether or not the arresting officer is actually qualified to make a DUAC arrest and operate the breath site equipment;
• What the defendant’s BAC level is;
• Whether the breath tests were administered and recorded;
• Whether the breath site equipment was in proper working order and had correct documentation

There are many additional requirements that must be established, and this statute creates additional defenses not available in all DUI cases. Because of the highly technical nature of this statute it is used less frequently than the standard South Carolina DUI charge.

All defendants charged with DUAC are entitled to a trial and the same right to challenge their arrest that they would if they were charged with DUI.

Rights When Stopped for Suspicion of DUI or DUAC in South Carolina

When you are stopped for suspicion of DUI in South Carolina you have several rights guaranteed under our justice system. Those rights include:

• The right to remain silent. This includes answer questions asked of you by law enforcement concerning your travel destination and your consumption of alcohol.
• The right to refrain from participating in field sobriety tests (FST). This includes the one-legged stand, walk and turn or alphabet recitation.
• The right to refrain from participating in breathalyzer testing.

Unfortunately the more cooperative a DUI suspect is, the more evidence the police can gather to be used in Court. This can result in a more vigorous prosecution and an actual increase in the amount of the fine or jail time imposed.
Services for Clients Charged with DUI\DUAC
Although every case is different, the following serves as a listing of services provided in most all DUI or DUAC cases:

• You will receive a private, confidential meeting with Mr. Snell to discuss all aspects of your arrest, and to answer any of your initial questions.
• If necessary, Mr. Snell will request an administrative hearing on your behalf, usually on the same day that he is hired. Requests for administrative hearings are either delivered by courier or overnight mail to the Administrative Law Court in Columbia so that you will be eligible for a temporary license as soon as possible.
• A jury trial request and initial discovery motions will be prepared and filed with the Court. This will typically result in you not having to appear on the Court date listed on your ticket.
• If necessary, an expert on breath testing procedures and techniques will be retained to scrutinize your breathalyzer or datamaster test and any results the State intends on introducing at trial.
• A thorough review of any "side of the road" video footage, and a scrutiny of all aspects of your arrest and the State's case to locate and prepare available defenses.
• Actual Courtroom representation to include making any necessary suppression motions, objecting to improper evidence or testimony submitted by the State, and trial advocacy before a jury.

South Carolina Felony DUI
S.C. Code § 56-5-2945

Anyone convicted of Felony DUI involving death faces a minimum of one year and up to twenty five years in prison. A conviction of Felony DUI involving great bodily injury carries a sentence of thirty days up to fifteen years. South Carolina Felony DUI cases are prosecuted in the Court of General Sessions.

The approach to representing a client charged with a Felony DUI is drastically different than for representing a client with a misdemeanor DUI charge. It is imperative that a fully comprehensive defense strategy be designed and implemented as soon as possible after an arrest in order to provide for the best possible outcome.  

Please call for a Confidential Consultation

If you or a loved one has been charged with any South Carolina DUI or DUAC offense you are invited to call to schedule a private confidential consultation with James Snell. Evening, weekend and jail appointments are available. You may call our office at 803-359-3301 or the 24 hour call center at 1-866-252-5789.