Relentlessly and Thoroughly Fighting Your DUI Charges
There are several different charges that exist for impaired driving, including: Driving Under the Influence of Alcohol or Drugs (DUI), Driving with an Unlawful Alcohol Concentration (DUAC), or felony DUI. A conviction of any one of these charges will result in the suspension of your driver’s license, your having to take the ADSAP (alcohol and drug safety action program) classes, and SR-22 insurance being added to your auto insurance.
Other consequences may also apply, including installing an ignition interlock device on your vehicle or immobilizing your vehicle. Additionally, some employers will terminate your employment for a conviction; for students, a conviction can result in the loss of scholarships.
DUI is defined under South Carolina Code Section 56-5-2930. In a DUI case, the State must prove 3 things:
- You were driving a motor vehicle.
- You were under the influence of alcohol, drugs, or a combination of the two.
- Your ability to drive was materially and appreciably impaired.
At no point in a DUI case does the state have to prove a specific alcohol level for you to be guilty of the offense. However, there are three tiers of punishment based on blood alcohol level:
- Less than .10
- Between .10 and .16
- .16 and above
In addition to the tiers of punishment, the court you appear in and punishment also vary based on whether or not you have previous DUI or DUAC convictions in the past 10 years. First-time offenders are tried in Magistrate and Municipal Courts, while second, third, and fourth (or subsequent offenses) are tried in the Court of General Sessions.
DUAC charges carry the same punishment and sentencing structure as DUI charges. DUAC charges are defined under South Carolina Code Section 56-5-2933. The difference between DUI is that the state must only prove two things to convict for DUAC:
- You were driving a motor vehicle
- Your blood alcohol concentration (BAC) was .08 or greater.
Felony DUI charges are extremely serious and a conviction can result in mandatory prison time. Felony DUI is defined under South Carolina Code Section 56-5-2945. In a Felony DUI case, the state must prove the following:
- You were driving a motor vehicle.
- You were under the influence of alcohol, drugs, or a combination of the two.
- You neglected any duty imposed by law in the driving of a motor vehicle.
- Your act is the proximate cause of great bodily injury or death to another person.
Any DUI or DUAC charge is a serious offense that necessitates having an experienced and knowledgeable attorney by your side. Get an experienced DUI lawyer on your side, who is ready to fight for you.
