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Driving Under The Influence

Perhaps you have been charged with DUI in South Carolina. South Carolina placed new law in effect in 2009, and many individuals are misinformed as to the guidelines and penalties related to DUI charges. We have outlined the basics of the new law below for your convenience. If you have further questions concerning your particular case, please contact us by clicking HERE, or by calling (864)235-3834.

BASIC DEFINITION: "Drunk Driving" is legally defined in South Carolina as when a person's ability to drive has been significantly impaired by excessive alcohol consumption, drugs, prescription medication, or any combination of these three.

CRIMINAL PENALTIES:

3-Tiered Penalty for DUI 1st    

FIRST OFFENSE:

Refusals and Blood Alcohol Content Levels below 0.10%

Mandatory minimum:

48 hours in jail: or 48 hours Public Service; and/or $1,200 fine

Up to a maximum of 30 days in jail.

Blood Alcohol Content Levels from 0.10% through 0.15%

Mandatory minimum:

72 hours in jail; or 72 hours in Public Service; and/or $1,400 fine

Up to a maximum of 30 days in jail

Blood Alcohol Content Levels of 0.16% and above

Mandatory minimum: 

30 days in jail; or 30 days Public Service; and/or $2,250 fine

Up to a maximum of 90 days in jail

SECOND OFFENSE:

Refusals and Blood Alcohol Content Levels below 0.10%

Mandatory minimum:

5 days in jail and $2,100 fine

Max

1 year and $5,100 fine

Blood Alcohol Content Levels from 0.10% through 0.15%

Mandatory minimum:

30 days in jail and $2,500 fine

Max

2 years and $5,500 fine 

Blood Alcohol Content Levels of 0.16% and above

Mandatory minimum:

90 days in jail and $3,500 fine

Max

3 years and $6,500 fine

THIRD OFFENSE:

Refusals and Blood Alcohol Content Levels below 0.10%

Mandatory minimum:

Max

3 years and $6,300 fine

60 days in jail and $3,800 fine

Blood Alcohol Content Levels from 0.10% through 0.15%

Mandatory minimum: 

90 days in jail and $5,000 fine

Max

4 years and $7,500 fine

Blood Alcohol Content Levels of 0.16% and above.

Mandatory minimum:

6 months in jail and $7,500 fine

Max

5 years and $10,000 fine

FOURTH OFFENSE:

Refusals and Blood Alcohol Content Levels below 0.10%

Mandatory minimum: 

1 year

Max

5 years-Prison

Blood Alcohol Content Levels from 0.10% through 0.15%

Mandatory minimum:

2 years

Max

6 years-Prison

Blood Alcohol Content Levels of 0.16% and above

Mandatory minimum:

3 years

Max

7 years- Prison

LICENSE SUSPENSION:

If w/in 10 years

Preceding current

Violation:

Subject has been convicted of DUI

(56-5-2930), DUAC (56-5-2933),

Felony DUI (56-5-2945), or any

Other law of this or another State that prohibits a person from driving under the influence.

Or

Subject has a previous

Suspension imposed

Pursuant to 56-5-2950

Or 56-5-2951 (BAC of

0.15% or greater and Refusals)

Suspension Period Imposed for:

Refusals

Blood Alcohol Content Level of 0.15% or higher.

No priors

6 months

1 month

Second Offense

9 months

2 months

Third Offense

12 months

3 months

Fourth + Offense

15 months

4 months

 

 

If you have been charged and would like to contact Attorney Steve Sumner about your case, please call us at (864) 235-3834. You can click HERE for cases involving alcohol, or click HERE for cases involving simple possession.

AREA SERVED

The Steve Sumner Law Firm represents individuals in Upstate SC, including Greenville, Anderson, Pickens, Oconee, Spartanburg, Laurens and Greenwood counties.

CONTACT

Steve Sumner Law Firm
Attorney Steve W. Sumner
1088 N. Church Street
Greenville, SC 29601
864-235-3834
Emergency: 864-979-0772

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