In a recent article on MarketWatch titled “Cost of a DUI”, South Carolina DUI Defense attorney James Snell was quoted discussing the wide variability in penalties imposed across different states. Here’s what he shared:
“Each state sets its own legal penalties for a DUI offense. As a result, the amount of fine or possible jail time can vary substantially from state to state. States also may set significantly higher fines for those with a prior conviction of DUI, or whose case involves either refusing alcohol testing or having a higher quantity of alcohol in their system.”
You can read the entire MarketWatch article here. This highlights three critical points every motorist should understand.
State-by-State Variation in DUI Laws
Fines, jail time, license suspension, and mandatory programs can differ dramatically depending on where the DUI occurs. For example, one state may impose a minimum fine of $500 for first offenses, while another’s first-offense penalty may be lower or much higher if there are aggravating factors like accidents or high blood alcohol levels.
Because DUI laws and court procedures vary so much state-to-state, it's difficult to obtain accurate information researching online or using AI. For this reason, if your charged with a DUI it's best to directly consult with an attorney regarding your specific situation.
Prior Convictions Raise the Stakes
A past DUI conviction typically leads to significantly harsher penalties. These can include larger fines, longer jail terms, extended license suspensions, and more intensive treatment and probation requirements.
In South Carolina DUI convictions in the past 10 years can enhance a new case. Additionally, prosecutors routinely review a defendant's lifetime criminal history and 10 year driving history looking for other offenses that they may take into consideration when deciding whether or not to consent to a dismissal or offer a reduction.
Chemical Test Refusal and High BAC Lead to Heavier Consequences
Many states impose steeper penalties for refusing a chemical (breath or blood) test or registering a high blood alcohol content, often 0.10% or 0.15%. These can result in enhanced fees, longer suspensions, and even administrative penalties before a court conviction.
South Carolina begins increasing DUI penalties for those with a BAC of .11 or higher.
How James Snell Can Help
Understanding the complexity of DUI law in South Carolina is crucial. At the Law Office of James R. Snell, Jr., LLC, we can help you analyze your situation, determine the best defense approach, and represent you in court to pursue the best possible outcome. Attorney James Snell is the author of South Carolina DUI Defense: The Law and Practice, is a member of the National College for DUI Defense, has completed police training on DUI investigation techniques and field sobriety testing, and has over 20 years experience in defending DUI charges.
Facing a DUI? You’re Not Alone
A DUI arrest can upend your life, but with a knowledgeable DUI attorney you’ll understand your rights clearly and may be able to reduce the severity of your charges or fully challenge it altogether. Call us today at (803) 359-3301 for a free consultation. Don’t wait to take the first step toward protecting your future.