A first DUI offense in South Carolina is punishable by a jail sentence of between 48 hours and 30 days, a fine of at least $400 (not including court costs and other legal fees), and driver’s license revocation for up to six months. However, if certain aggravating factors are apparent, then a first DUI conviction can carry harsher penalties or even can be charged as a felony.
The following are several factors that can result in an aggravated DUI for a first-time offense in South Carolina:
High blood alcohol content (BAC) – You can get arrested for a DUI for operating or having physical control of a vehicle with a legal limit of at least .08 percent. However, having a high BAC can lead to increased penalties. For example, having a BAC of above .10 percent but below .16 percent can lead to a minimum jail sentence of seven days – rather than 48 hours – a minimum fine of $500. Having a BAC of at least .16 percent is punishable by a jail sentence between 30 and 90 days and a fine of at least $1,000.
Child passenger – If you get arrested for a DUI with a child who is 16 years of age or younger in the vehicle, you can be charged with child endangerment and be subject to enhanced DUI penalties, such an additional jail sentence that is one-half of the maximum term for your DUI, a fine of up to half the cost of your DUI fine, and driver’s license suspension for at least 60 days.
DUI causing injury – If you were arrested after being involved in an arrest that led to another person suffering a great bodily injury, you can be charged with a felony DUI, punishable by a maximum prison sentence of 15 years.
DUI causing death – If you were arrested after being involved in an arrest that led to a fatality, you can be charged with a felony DUI, punishable by a maximum prison sentence of 25 years.
If you or a loved one has recently been charged with an aggravated DUI in Lexington, Columbia, or within the surrounding areas, look no further than the Law Office of James R. Snell, Jr., LLC to protect your rights, driving privileges, and freedom. Our experienced legal team can provide you with aggressive and personalized legal representation to guide you through the complexities of the legal process and help you either avoid conviction or serious penalties like jail time.
Contact us today at (803) 359-3301 to discuss your case with our Lexington DUI defense attorneys.