A South Carolina drunk driving arrest is no joke – a DUI conviction carries punishment that includes large fines, license suspensions, and even possible jail time.

Because the consequences of a driving under the influence arrest are so severe, it’s critical to have expert legal representation. The skilled attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com will provide a free consultation and outline a winning defense strategy that can minimize or even eliminate the repercussions of a South Carolina drinking and driving arrest.

South Carolina law dictates that it is unlawful to operate a motor vehicle while under the influence of alcohol and/or legal or illegal drugs, or a combination thereof. In order to convict a driver of DUI, the prosecutor must prove, beyond a reasonable doubt, that the motorist’s mental and physical faculties were so materially and appreciably impaired due alcohol or drug use that he or she couldn’t safely operate a vehicle.

Drivers found to have a blood alcohol level (BAC) of .08 percent or greater face enhanced punishment. Multiple offenses also carry increased consequences in a South Carolina drinking and driving case. Repeat DUI offenders are those who are arrested for drunk driving more than once every 10 years. Drunk driving convictions from other states count as prior convictions in a South Carolina DUI law case.

Under South Carolina’s implied consent law, anyone who drives in the state has agreed to take a chemical test to determine BAC after a lawful drunk driving arrest. The arresting officer must warn the driver that he or she has the right to refuse to take the test. A driver who is asked to take a breath test must be given the option to take a blood or urine test at the motorist’s expense whether or not the driver submits to the breath test.

The arresting officer is also required to provide the driver with "affirmative assistance" in obtaining the additional tests. For example, if the motorist requests a urine test, the arresting officer is required to transport the driver to a medical facility that performs urinalysis.

South Carolina DUI law is quite unique in one respect – it is the only state in the nation with mandatory videotaping by the arresting officer of the DUI arrest and breath test. Videotape is the most accurate, honest, representation of what happens in the field and at the police station following a drinking and driving arrest.

The law requires that the recording begin immediately when the officer initiates a traffic stop and continue until the driver is arrested. The recording must include delivery of the driver’s Miranda warning, if required by state or federal law, before any field sobriety tests are given. The failure to record the Miranda warning can result in suppression of the videotape.

The driver’s breath test must be recorded within three hours or the breath test will be subjected to suppression. The breath test recording must include the reading of the Miranda and the entire breath test procedure; i.e., the reading of the implied consent warning, checking the mouth, waiting 20 minutes, informing the defendant of the videotape recording, and letting the defendant know he or she can refuse the test. If it is impossible to record the driver’s breath test, the officer must fill out a sworn affidavit certifying that he or she could not record the proceeding.

The punishment associated with a South Carolina drunk driving offense can be severe. A first-offense DUI is punishable by two to 30 days in jail or a $400 fine. However, the judge has the discretion to sentence the driver to 48 hours of public service instead of jail. In order to retain a driver’s license after a DUI conviction, the driver must obtain SR-22 insurance for a period of three years.

A second-offense South Carolina driving under the influence conviction is punishable by five days to one year in jail and a $2,000 to $5,000 fine. The judge may reduce the fine to an amount no less than $1,000. Again, a judge could order a person convicted of second-offense DUI to at least 30 days of public service instead of serving time in jail.

A third-offense South Carolina DUI conviction is punishable by 60 days to three years in jail and a $3,800 to $6,300 fine. A fourth-offense or subsequent drunk driving arrest will be charged as a felony and is punishable by one to five years in prison.

Drivers convicted of felony DUI after causing great bodily harm to another face 30 days to 15 years in prison and a fine of $5000 to $10,000. A motorist who caused the death of another person while driving drunk faces one to 25 years in prison and a $10,000 to $25,000 fine.

Ignition Interlock devices may be ordered installed on all vehicles registered in the names of convicted DUI drivers and their family members.

Motorists found guilty of South Carolina DUI face driver’s license suspensions after conviction, but can also lose their licenses prior to being convicted. First offenders will lose their licenses for 30 days and second-offense drunk drivers will lose their licenses for 60 days. The driver may be able to obtain a restricted license that allows travel to work and other essential activities.

The consequences of a South Carolina DUI arrest are severe, but the repercussions can be minimized or even eliminated with expert legal help. The skilled attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com will provide a free consultation and outline an aggressive defense strategy designed to protect the driver’s rights and avoid negative consequences.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.