Driving Under the Influence (DUI)
At The Law Office of Peter David Brown, P.A. we understand the immediate impact a Driving under the Influence (DUI) arrest has on your life, as well as the potential long-term consequences of a conviction. Our experienced team can help you navigate the immediate and long-lasting consequences of a DUI arrest. We have decades of combined experience navigating the court system and helping clients every step of the way through this very trying time in their life.
If you refused the Datamaster test or provided a breath sample of .15% or greater, your privilege to operate a motor vehicle in the State of South Carolina will be suspended. We can request an Administrative Hearing to challenge this suspension and allow you to obtain a Temporary Alcohol License (TAL), typically within a week of your arrest. It’s important to note that you only have thirty (30) days to request this hearing.
What is the legal definition of a DUI?
Under S.C. Code Section 56-5-2930, it is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol, drugs or any combination thereof, to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired. Furthermore, the State may have the option to prosecute a person under S.C. Code Section 56-5-2933, Driving with an Unlawful Alcohol Concentration (DUAC). This section provides that it is unlawful to drive a motor vehicle in South Carolina with a blood alcohol concentration (BAC) of .08% or greater.
What is the penalty for a DUI or DUAC conviction?
In South Carolina, the penalty for a DUI or DUAC conviction depends on whether you have any prior convictions and also on what your Datamaster results are. There are also several collateral consequences that come along with a conviction for either DUI or DUAC.
| Refusal or BAC < .10% | $400 fine OR 48 hours – 30 days in jail |
| BAC .10% - .15% | $500 fine OR 72 hours – 30 days in jail |
| BAC > .15% | $1000 fine OR 30 days – 90 days in jail |
| Refusal or BAC < .10% | $2100 - $5100 fine AND 5 days – 1 year in prison |
| BAC .10% - .15% | $2500 - $5500 fine AND 30 days – 2 years in prison |
| BAC > .15% | $3500 - $6500 fine AND 90 days – 3 years in prison |
| Refusal or BAC < .10% | $3800 - $6300 fine AND 60 days – 3 years in prison |
| BAC .10% - .15% | $5000 - $7500 fine AND 90 days – 4 years in prison |
| BAC > .15% | $7500 - $10000 fine AND 6 mos. – 5 years in prison |
| Refusal or BAC < .10% | 1 – 5 years in prison |
| BAC .10% - .15% | 2 – 6 years |
| BAC > .15% | 3 – 7 years |
Some of the collateral consequences that come with a DUI or DUAC conviction are:
Must carry SR-22 insurance for 3 years.
Minimum of six (6) month Driver’s License suspension.
You may be eligible for either a Provisional Driver’s License or an Ignition Interlock Driver’s License for the balance of this suspension.
Must enroll in the Alcohol and Drug Safety Action Program (ADSAP) within thirty days.
As you can see, the ramifications of a DUI conviction are significant. Before you go into court and plead guilty to your DUI it is important that you consult with an experienced DUI Defense Attorney who can fully review your matter and advise you of possible defenses and mitigation that might allow for a more favorable result.
