Charleston DUI Attorney

South Carolina DUI Laws

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.

Driving while under the influence of drugs or alcohol is a serious and dangerous offense in South Carolina. According to the National Highway Traffic Safety Administration, of the total traffic fatalities in South Carolina, over 30% were due to alcohol-impaired driving. Given these statistics, law enforcement officers in our area have become increasingly tougher on drunk drivers.

South Carolina Implied Consent Law

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. That is why it is important to consult with experienced DUI lawyers in Charleston, SC.

What is the Difference Between DUI and DUAC?

DUI stands for “driving under the influence,” and it is the most common drunk driving charge. South Carolina also has a similar charge known as DUAC, which stands for “driving with unlawful alcohol concentration.”

These two charges are extremely similar. However, for a DUI conviction, the prosecuting attorney must prove the defendant’s impairment. This may be proven using BAC evidence.

For a DUAC conviction, the prosecuting attorney must only prove that the defendant was operating a vehicle with a BAC of .08% or higher, even if motor skills were not impacted.

If you or a loved one has been arrested for DUI or DUAC in Charleston, our defense lawyers are here to provide a defense you can trust.

What are the Penalties For a First Offense DUI in South Carolina?

If you are a first-time offender convicted of driving under the influence in South Carolina, the penalties may include:

• Driver’s license suspension
• Monetary fines
• Or up to 90 days in jail
• You might also be required to complete an alcohol and drug safety program

If convicted, the criminal charge will appear on your criminal history and can be seen on any background check. Your car insurance rate will likely increase, and you might be required to install an ignition interlock device on your vehicle.

The criminal penalties and collateral consequences can have a significant impact on your life and the lives of those who depend on you.

Call Thurmond Kirchner & Timbes, P.A., as soon as possible to set up a consultation about your pending charge. Our diligent DUI attorneys in Charleston, SC, have handled many such cases and are effective at negotiating with police officers and prosecuting attorneys. We have repeatedly managed cases where DUI charges have been dismissed or reduced due to our shrewd legal representation*.

Even when the defendant is found guilty, a knowledgeable South Carolina defense attorney can argue for a reduced sentence and help avoid jail time. Our Charleston criminal lawyers are experienced in SC DUI laws and can assist you with your DUI offense.

Whether it is your first DUI offense, second, third, etc., call our experienced DUI lawyers in Charleston, SC.

How To Defend Against DUI Charges

If you have been charged with a DUI in South Carolina, based on the results of a blood alcohol test, you need an experienced lawyer to ensure that your rights are protected. Blood alcohol content (or BAC) is a unit of measurement that indicates how much alcohol is in your bloodstream at the time the test is administered.

The legal blood alcohol content limit in South Carolina is .08%. However, if you are under 21 years of age, the limit is .02%. Also, if you possess a commercial driver’s license (CDL), the limit is .04%.

Just because you are facing a DUI charge and had BAC results above the legal limit, that does not mean you are automatically guilty. In some cases, the results of blood or breath tests are inaccurate.

Blood alcohol tests and field sobriety tests must also be administered according to the exact specifications of South Carolina law. Police officers are required to follow these procedures completely. Occasionally, they fail to do so correctly.

Our knowledgeable DUI lawyers in Charleston have an in-depth understanding of the analysis process and will be able to stand up for you if your rights have been violated. At Thurmond Kirchner & Timbes, P.A., we will evaluate your specific situation and ensure that the evidence was obtained correctly and legally.

Our experienced legal team can explore all available options to determine whether the test was administered incorrectly or the results were misinterpreted. Our Charleston criminal law firm knows how to build a strong defense for your situation.