Dui In Sc: The Consequences Of Conviction
The penalties for DUI in SC vary based on two main factors: how intoxicated you are
and how often you have been previously convicted of driving under the influence of drugs or alcohol. If you have an extremely high level of alcohol in your system or are a repeat offender, the more severe a sentence you can expect to receive if convicted. Following is a summary of the penalties for a typical driver who is of legal drinking age and not a commercial vehicle operator.
The sentencing for this type of crime has three components. First, the offender will have his or her drivers license suspended; second, he or she will be required to pay a fine; and third, the individual will be assigned jail time. In the case of first time offenders, a judge can choose to reduce the minimum jail time to community service instead. However, any subsequent conviction will carry mandatory imprisonment.
In the state of South Carolina, it is illegal to drive if your blood alcohol content (BAC) is over 0.08 percent. For a first offense conviction, the license suspension is six months, regardless of how intoxicated the driver was at the time. However, the higher a persons BAC, the higher the fine and jail time. Fines range from $400 if your BAC was under 0.10 to $1,000 if it was over 0.16 percent, and the offender can spend anywhere from 48 hours to three months in jail. As previously mentioned, the imprisonment can be mediated to public service employment, ranging anywhere from 48 hours to 30 days.
For a second conviction, the penalties get significantly stiffer. There is a mandatory license suspension of one year, and fines go from $2,100 to $5,100 for a BAC of .010 percent to as high as $3,500 to $6,500 for someone with a BAC over 0.16 percent. Community service is no longer an option, and jail time is increased to a minimum of five days or a maximum of three years.
If someone is convicted a third time of DUI in SC, they can expect to have their drivers license suspended for two years. Even a BAC less than 0.10 percent carries a fine ranging from $3,800 to $6,300, and imprisonment from 60 days to three years. Those with a BAC of over 0.16 percent will have a fine assessed between $7,500 and $10,000 and will spend at least six months in jail. In a worst case scenario, a conviction can carry as much as five years in prison.
A fourth conviction will result in a permanent license revocation. There is no fine assessed, but even a BAC under 0.10 will result in one to five years imprisonment. If the offenders BAC is greater than 0.16, the sentencing could be from three to seven years in jail.
As you can see from the data, driving under the influence of alcohol is a serious crime in South Carolina. It is a danger to the people around you, as well as anyone in your vehicle. Fortunately, the laws are written so that a judge can be lenient on a first time offender. Lawmakers understand that anyone can make a mistake, even though an error of this nature must have consequences. However, when an individual makes the same blunder over and over again, his or her driving privileges can be permanently revoked. Repeat offenders often have alcohol addiction issues to resolve, and they have shown they cannot be trusted to exercise good judgment when getting behind the wheel of a car.
If you have been arrested and charged with DUI in SC, it is important to get an experienced attorney to defend your case, regardless of whether it is your first offense or your fourth. Conviction of any sort of crime carries consequences that will be felt for years to come, so dont gamble with your future.
by: Elliot Inglehart
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