Whiskey next to car keys and handcuffs. Symbolizing a DUI.

What Are the South Carolina DUI Laws?

What are the South Carolina DUI Laws?

In South Carolina, there are statutes set for blood alcohol levels, rules for testing, and penalties for driving a vehicle while impaired. Read more to learn about the laws regarding DUIs, and how Thurmond Kirchner & Timbes, P.A., can help if you receive a DUI.

Driving a Vehicle Under the Influence (DUI)

In South Carolina, you are prohibited from driving a vehicle while under the influence of drugs, alcohol, or a combination of both, to the extent that a person’s ability to drive is materially and appreciably impaired. In other words, if you have a blood alcohol content (BAC) of 0.08% or higher it will be inferred that you were driving under the influence. This inference can be rebutted, which means at trial, the jury or judge may disregard this inference based on other evidence. If your BAC is at least 0.05% but less than 0.08%, there is no inference to consider, and the jury or judge may consider the BAC reading, along with other evidence, just as field sobriety test results, driving, etc., in determining the evidence against you.

Implied consent

South Carolina law states that any person driving in the state is considered to have given consent for testing of breath, blood, or urine for the purpose of determining the presence of alcohol and/or drugs. If you refuse testing, you face a minimum 6-month suspension of your license. If you have prior DUI suspensions you may receive a longer suspension.

South Carolina’s DUI laws are complicated, and it is best to consult with an experienced attorney. By having the attorneys at Thurmond Kirchner & Timbes, P.A., carefully assess the details of your cases, you will be taking advantage of having your information reviewed by a knowledgeable and experienced lawyer fighting on your behalf. As Paul Thurmond says, “As a Defense Attorney, it’s my sworn duty to protect the interests of you, my client, through any legal means necessary. You can rest assured I’ll leverage my experience and strive to win every possible advantage the situation offers you. That’s my job.”

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The information provided on this website is intended to help you better understand general information about the law. It is not intended to be legal advice regarding your particular problem or to substitute for the advice of a lawyer. Every case different, and you should consult an attorney before applying the information contained herein to any particular circumstance affecting you.