DUI Defense Judgement Free Advocacy

Rock Hill DUI Lawyer

Bruce Law Firm in Rock Hill, SC

Driving Under the Influence Laws in South Carolina

In South Carolina, it is unlawful to drive a motor vehicle in this state while under the influence of alcohol, drugs, or combination of both, to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired (SC Code 56-5-2930). The crux of a DUI is impaired driving abilities.

Be aware that South Carolina is an “implied consent” state, which means drivers are considered to have given consent to the testing of breath, blood, or urine for the purpose of determining the presence of alcohol or drugs.

If I am arrested for DUI, do I have to take the breath test?

Yes and no. South Carolina's implied consent law provides that if someone arrested for DUI refuses to take the breath test, the result is a license suspension.

    If you refuse to take the breath test or take the test and registered a blood alcohol level or breath alcohol content (BAC) of .15 or higher, your driver's license will be suspended for a period of time. You have the right to challenge this suspension and obtain a temporary alcohol license, but you must request a hearing in writing within thirty (30) days of the date your license was suspended (arrest date).

    Additionally, if you refuse to take the breath test or take it and register a BAC of .15 or higher, and don’t successfully challenge the refusal or test result, you will be required to complete the Alcohol and Drug Safety Action Program (ADSAP) which is a series of education classes, even if the DUI charge is later dismissed.

    For dedicated DUI defense, contact Bruce Law Firm by dialing (803) 336-7189 or filling out this online contact form.

    What is DUAC?

    DUAC is an abbreviation for driving with an unlawful alcohol concentration. This is a separate offense in South Carolina. The DUAC law states that it is unlawful for a person to drive a motor vehicle within this state while his or her alcohol concentration is eight one-hundredths of one percent or more (.08 or higher). If convicted of DUAC, the penalties are the same as if someone was convicted of a DUI with the same BAC reading.

    Criminal penalties

    If convicted of DUI (or DUAC), the criminal penalties that apply are dependent upon whether it is a first, second, third or greater offense and the person's alcohol concentration. Penalties may include fines, public service employment and jail.

    Driver's license impacts

    A DUI (or DUAC) conviction can result in a license suspension, alcohol education program requirement (ADSAP), potential requirement for use of an ignition interlock device on your vehicle and the driver must maintain higher liability - higher premium insurance for a period of time.

    Criminal record

    Under current law, a DUI or DUAC conviction can't be expunged from your criminal record but will remain for life.

    Enhanced future penalties

    If a person is convicted of another DUI or DUAC within 10 years of a prior conviction, the penalties are enhanced and are more severe.

    Ignition Interlock Device

    What is the Ignition Interlock Device and will I have to have this device installed on my vehicle?

    This device is installed in your vehicle and requires a breath sample to operate. In 2014, Emma’s Law was adopted. This law, among other changes, enhanced the Ignition Interlock Device (IID) program, requiring those convicted of DUI or DUAC first offense with a breath alcohol content (BAC) of .15 or greater had to have this device installed on their vehicle and complete the IID program. If convicted of a DUI or DUAC second or subsequent offense, the IID is required regardless of the BAC. The IID program is administered by the South Carolina Department of Probation, Parole and Pardon Service (SCDPPPS).

    For more information about the IID program, use this link to access the SCDPPPS IID brochure on the agency’s website.

    If you have been charged with driving under the influence, contact the Bruce Law Firm immediately. It is imperative that you take a legal action as soon as possible, especially if you have refused a chemical test or taken the breath test and had a BAC of .15 or higher.

    The consequences of a DUI or DUAC, particularly if you have more than one on your record, are serious. As an experienced DUI defense attorney, and former prosecutor of DUI cases, I can examine and evaluate your case and develop the best strategy to achieve the best possible outcome, while guiding you through the complicated process of navigating a DUI charge.

    Why Choose My Firm?

    • Compassionate & Judgment Free Advocacy
    • Easily Accessible to Clients
    • Former Criminal Prosecutor
    • Personalized Strategy for Each Case
    • Over 25 Years of Experience
    • Free Initial Consultation

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