If you have been arrested for drunk driving in South Carolina, it will be important for you to quickly learn as much about your situation as possible. This includes learning about South Carolina’s DUI laws. While you don’t need to become an expert on South Carolina’s DUI laws, it will be important for you to understand the basics—as this will help you have informed discussions with your DUI defense lawyer.
What do you need to know about South Carolina’s DUI laws after a drunk driving arrest? Some of the most important laws you need to know include:
Drunk Driving Offenses in South Carolina
Like many states, South Carolina has enacted a law that establishes two completely separate drunk driving offenses. While you might be facing a charge for driving under the influence (DUI), you might also be facing a charge for driving with an unlawful alcohol concentration (DUAC):
- Driving Under the Influence (DUI) – A DUI charge is based on a driver’s inability to drive safely due to alcohol consumption. It is not based on blood alcohol concentration (BAC). Under Section 56-5-2930 of the South Carolina Code of Laws, “It is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired.”
- Driving with an Unlawful Alcohol Concentration (DUAC) – A DUAC charge is based solely on BAC without regard to impairment. Under Section 56-5-2933 of the South Carolina Code of Laws, “It is unlawful for a person to drive a motor vehicle within this State while his alcohol concentration is eight one-hundredths of one percent or more.”
Understanding the differences between DUI and DUAC charges is critical for making informed decisions about your defense. Different types of defenses are available in each type of case—and prosecutors can also use different types of evidence to secure a conviction.
South Carolina’s Implied Consent Law
Another important law to understand if you are facing a DUI or DUAC charge is South Carolina’s implied consent law. Section 56-5-2950 of the South Carolina Code of Laws states:
“A person who drives a motor vehicle in [South Carolina] is considered to have given consent to chemical tests of his breath, blood, or urine to determine the presence of alcohol or drugs . . . if arrested for an offense arising out of acts alleged to have been committed while the person was driving a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs.”
Basically, when you drive on South Carolina’s public roads, you automatically give your implied consent to take a breath test (or blood or urine test) if you get pulled over on suspicion of drunk driving. If you refuse to submit to testing, you can be charged with violating South Carolina’s implied consent law (which is commonly referred to as a “DUI refusal”) regardless of whether you were driving under the influence or with a high BAC.
But, South Carolina’s implied consent law doesn’t just establish requirements for drivers. It establishes requirements for the police as well. If the police fail to fully comply with the implied consent law during your traffic stop, this could serve as a defense in your case.
DUI & DUI Refusal Penalties in South Carolina
DUIs and DUI refusals both carry steep penalties under South Carolina law. If you are facing a drunk driving charge in Mount Pleasant or Goose Creek, you need to have a clear and comprehensive understanding of the penalties that are on the table. Generally speaking, the types of penalties you can face in a DUI, DUAC, or DUI refusal case include:
- Fines
- Assessments and surcharges
- Driver’s license suspension
- Ignition interlock device installation
- Jail time or community service
From increased insurance premiums to loss of job opportunities, drunk driving convictions can lead to various other consequences as well. Read our in-depth look at South Carolina’s DUI penalties to learn more.
South Carolina’s Ignition Interlock Device Law
The South Carolina legislature recently passed a new ignition interlock device law that took effect on May 19, 2024. Under this new law, ignition interlock device installation is mandatory for any DUAC case involving a BAC of 0.08 percent or above. Drivers who are required to install an ignition interlock device are also required to obtain an “II” restricted driver’s license from the South Carolina Department of Motor Vehicles (SCDMV).
South Carolina’s DUI Expungement Law
Given everything we’ve discussed thus far, you might be wondering about expungement. However, South Carolina is one of the relatively small number of states that do not have DUI expungement laws. As a result, a DUI (or DUAC) cannot be expunged from your record. If you get convicted, your conviction will stay on your record permanently.
DUI Plea Bargaining in South Carolina
While South Carolina does not allow expungement of drunk driving charges, it does allow plea bargaining in drunk driving cases. If you do not have a strong defense to your DUI or DUAC charge, then working with your defense lawyer to negotiate a plea bargain could be your best option.
DUI Diversion Programs in South Carolina
Before you seek a plea bargain, however, you will want to find out if you are eligible for one of South Carolina’s DUI diversion programs. Completing a DUI diversion program allows you to avoid a conviction regardless of the underlying facts of your case. If you are eligible for pretrial diversion, this is definitely an option you will want to discuss with your DUI defense lawyer.
Get Help from an Experienced DUI Defense Lawyer in Mount Pleasant or Goose Creek
If you are facing a drunk driving charge in Mount Pleasant or Goose Creek, we encourage you to contact us promptly for more information. To discuss your case with an experienced DUI defense lawyer in confidence, call 843-572-1711 or request a confidential consultation online today.