DUI Lawyer Greenville SC | DuiLawyersGreenville.com
If you’re facing a DUI arrest or DUAC charge in Greenville, South Carolina, you need an experienced DUI lawyer in Greenville SC who knows how to fight aggressively within the South Carolina legal system. At DuiLawyersGreenville.com, our Greenville DUI attorneys specialize in defending DUI cases, including first offenses, multiple DUI arrests, felony DUI, and underage DUI charges.
A DUI conviction can significantly impact your life, including your driver’s license status, auto insurance rates, employment opportunities, and personal freedom. Our law firm is dedicated to protecting your rights and fighting DUI charges to get you the best possible outcome. Contact us today for a free consultation and let us put our DUI defense experience to work for you.
What is DUI vs DUAC in South Carolina? Understanding Your Charges
In Greenville County and throughout South Carolina, there are two main alcohol-related driving charges: DUI (Driving Under the Influence) and DUAC (Driving with Unlawful Alcohol Concentration). Though similar, they are different under South Carolina law and carry separate sets of penalties.
- DUI (Driving Under the Influence) is charged when law enforcement officers believe that alcohol or drugs appreciably impaired your ability to drive a motor vehicle. Prosecutors must prove that you were under the influence, often using field sobriety tests, breathalyzer tests, and blood tests as evidence.
- DUAC focuses solely on your BAC (Blood Alcohol Concentration) level. If your BAC is 0.08% or higher, you can be charged with DUAC regardless of whether you showed signs of impairment.
Whether you’re charged with DUI or DUAC, the penalties can include driver’s license suspension, ignition interlock device, mandatory alcohol education, jail time, and heavy fines. The experienced DUI lawyers at DuiLawyersGreenville.com know how to challenge both DUI and DUAC charges effectively.
DUI Sentencing
DUI sentencing usually takes place almost immediately after a DUI conviction. It’s important for you to understand the possible penalties involved with a DUI charge in South Carolina to decide how to handle your case. You should also call our DUI defense lawyers at 864-523-7776 to learn more about DUI sentencing guidelines in Greenville, SC.
What Happens After You Have Been Charged with a DUI?
If you are charged with a DUI in SC, you essentially have 3 options:
- Plead guilty in court and accept the penalties that come with the charge
- Ask for a bench trial
- Request a jury trial
The case may be resolved quickly if you either have a bench trial or plead guilty, but requesting a jury trial can result in a delay. You should consider reaching out to an experienced DUI defense lawyer to help you determine which option is most suitable for you.
What Are the SC Sentencing Factors?
In a South Carolina DUI Case, various sentencing factors will determine the penalties you face, which include the following:
- Whether you took the breath, blood, or urine test
- Your blood alcohol concentration (BAC) reading
- Whether your case involves aggravating circumstances
Read on to learn more about DUI sentencing in SC.
First-Time DUI vs Multiple DUI Offenses: What’s the Difference in Greenville, SC?
If you are facing your first DUI charge, it may seem like a simple mistake, but even first-time DUI convictions have severe consequences. Multiple DUI offenses increase the penalties and may result in felony DUI charges in South Carolina.
Penalties for First-Time DUI Offense in South Carolina:
- Up to 90 days in jail depending on BAC level and circumstances
- $400-$1,000 fines and additional court fees
- 6-month driver’s license suspension
- Mandatory alcohol and drug safety action program (ADSAP)
- Possible ignition interlock device requirement
Penalties for Multiple DUI Offenses in South Carolina:
- Second DUI offense: Up to 1 year in jail, $2,100 to $6,500 fines, 1-year license suspension
- Third DUI offense: Up to 3 years in jail, $3,800 to $10,000 fines, 2-year license suspension
- Fourth or more DUI offense: Felony DUI, up to 5-7 years in prison, permanent license revocation
Our Greenville DUI lawyers know how to fight DUI charges, even if it’s not your first arrest. Contact DuiLawyersGreenville.com for legal help today.
Underage DUI
A person that’s below 21 years of age in South Carolina and is found operating a motor vehicle after consuming alcohol will be subjected to the state’s zero-tolerance policy. A person below the age of 21 that drives with a BAC of .02 percent or greater will be charged with underage drinking and driving.
How Can a Lawyer Help Someone Arrested for Underage DUI in SC?
A Greenville underage DUI lawyer can fight for someone arrested for underage DUI and keep their record clean. It’s crucial for young people to keep their record clean from criminal convictions that may impact their education and career aspirations.
The Zero Tolerance Law for Underage Drivers in South Carolina
Under the South Carolina zero tolerance law, anyone under the legal drinking age of 21 is prohibited from consuming alcohol and then driving. So, any trace of alcohol is a crime for someone that’s driving and is under 21 years of age.
A person under 21 years of age with a blood alcohol content (BAC) greater than 0.02 will face an automatic license suspension in South Carolina.
Read on to learn how our legal team can help you if you’re facing underage DUI charges in SC.
How a DUI Conviction in Greenville SC Can Impact Your Life
A DUI arrest is more than a traffic ticket—it’s a serious criminal charge that can have long-term effects on your life:
- Car Insurance: A DUI will cause insurance rates to double or triple or lead to policy cancellations.
- Employment: Many employers terminate employees for a DUI conviction, especially in professions requiring driving, such as CDL holders, or those requiring professional licenses like healthcare, teaching, or real estate.
- Professional Licensing: A DUI conviction may jeopardize state-issued licenses for nurses, teachers, contractors, and other professionals.
- Driver’s License Suspension: Both DUI conviction and implied consent violations (refusing breathalyzer or blood test) lead to driver’s license suspension.
- Reputation and Personal Life: A DUI conviction can affect your personal relationships, community standing, and future opportunities.
Our Greenville DUI defense attorneys at DuiLawyersGreenville.com understand these risks and work hard to protect your reputation and minimize the damage.
DUI License Suspension and Ignition Interlock Devices in South Carolina
South Carolina’s implied consent laws mean that refusing a breathalyzer or blood test can immediately suspend your driver’s license, even before a trial.
License Suspension Periods for DUI in South Carolina:
- First offense DUI: 6-month suspension
- Second offense DUI: 1-year suspension
- Third offense DUI: 2-year suspension
- Fourth DUI offense (Felony DUI): Permanent revocation
To regain your driving privileges, you may be required to install an ignition interlock device (IID) for a set period. DuiLawyersGreenville.com helps clients challenge suspensions, seek temporary driver’s licenses, and fight to retain driving rights.
Keep reading to learn more about DUI license suspension in South Carolina.
Understanding Field Sobriety and Breathalyzer Tests in Greenville SC
If you are stopped for suspected DUI, law enforcement officers may ask you to perform field sobriety tests (FSTs) and submit to a breathalyzer test.
Common Field Sobriety Tests in South Carolina:
- Horizontal Gaze Nystagmus (HGN)
- Walk-and-Turn (WAT)
- One-Leg Stand (OLS)
Can You Refuse Field Sobriety Tests?
Yes, you can legally refuse field sobriety tests in South Carolina without automatic penalties. But refusal may lead to increased suspicion and a breath test request.
Keep reading to learn more about FSTs in SC.
The Breathalyzer Test in South Carolina
If you’re ever pulled over by the police in South Carolina on suspicion of drunk driving, you will likely be asked for a breath sample. Most people consent to a breathalyzer test either because they are too scared to decline or they know that they are required to do so under the implied consent laws.
Taking a DUI Breath Test in South Carolina
Under the aforementioned “implied consent” law, licensed drivers consent to chemical testing if law enforcement officers suspect them of driving under the influence. Drivers are allowed to refuse to take a breath test, but there are consequences of doing so such as license suspension, etc.
What If I Take the Test and Fail?
If you fail the breathalyzer test, that could be enough probable cause to arrest you for drunk driving. However, failing the test doesn’t mean that you will be convicted of DUI. Speak with our experienced DUI defense lawyers before you assume your case is hopeless.
Read on to learn more about breath tests in South Carolina.
Felony DUI Charges in Greenville SC
Felony DUI is one of the most serious criminal charges in South Carolina, usually involving great bodily injury or death from a DUI-related crash.
Felony DUI Penalties Include:
- Up to 25 years in prison
- Permanent license revocation
- Ignition interlock device requirements
- Massive fines and restitution
If facing felony DUI charges, you need the top DUI attorneys in Greenville SC. Call DuiLawyersGreenville.com now.
Greenville DUI Lawyer FAQ – Everything You Need to Know About DUI and DUAC in South Carolina
What happens to your license after a DUI in South Carolina?
If you are arrested for DUI or DUAC in South Carolina, your driver’s license is typically suspended immediately if you refuse a breathalyzer test or if your blood alcohol concentration (BAC) is 0.08% or higher. For first-time offenders, this suspension can last at least 6 months, but the length increases with multiple DUI offenses or if there are aggravating factors like a DUI accident causing injury.
Repeat DUI offenders face longer suspensions, ranging from one to two years, and a fourth DUI offense may result in permanent license revocation. You may be required to install an ignition interlock device (IID) to regain limited driving privileges.
To fight a license suspension, it is critical to request an administrative hearing within 30 days and consult an experienced Greenville DUI attorney to help preserve your driving privileges.
How long does a DUI stay on your record in South Carolina?
In South Carolina, a DUI conviction stays on your criminal record for life. Unfortunately, South Carolina law does not allow DUI convictions to be expunged, meaning that once convicted, a DUI will show up on background checks, criminal history reports, and can affect employment, professional licenses, and insurance rates indefinitely.
This is why fighting a DUI charge with a skilled DUI lawyer in Greenville, SC is so crucial. Avoiding a conviction through dismissal, acquittal, or plea negotiation is often the only way to prevent a lifelong mark on your record.
Can you avoid jail time for DUI in Greenville, SC?
Yes, it is possible to avoid jail time for a DUI in Greenville, South Carolina, but you must act quickly and have strong legal representation. An experienced DUI attorney may help you avoid jail time by negotiating plea agreements, securing pre-trial diversion, or successfully challenging the evidence in your case—such as field sobriety tests, breathalyzer accuracy, and probable cause for the traffic stop.
For first-time DUI offenders, alternative sentencing such as alcohol education classes, community service, or probation may be possible. However, for multiple offenses or felony DUI charges, avoiding jail requires aggressive defense strategies and thorough review of all case details.
Consulting a Greenville DUI attorney immediately after arrest greatly increases your chances of minimizing penalties or avoiding incarceration altogether.
Is DUI a felony in South Carolina?
In South Carolina, DUI is typically a misdemeanor, but it becomes a felony DUI if the offense involves serious bodily injury, great bodily injury, death, or if you have multiple prior DUI convictions.
Felony DUI carries much harsher penalties, including significant prison time (up to 25 years for DUI causing death), license revocation, and heavy fines. Felony DUI charges can also result from reckless homicide while driving under the influence.
If you are charged with felony DUI in Greenville, SC, it is critical to contact an experienced DUI lawyer immediately to begin building a strong defense and fight for reduced charges or dismissal.
Will my car insurance go up if I get a DUI in SC?
Yes, a DUI conviction in South Carolina will drastically increase your car insurance premiums, often doubling or tripling your current rates. Insurance companies view anyone with a DUI as a high-risk driver, and some may even cancel your policy altogether, forcing you to seek expensive high-risk insurance (SR-22 coverage).
A DUI on your record can affect insurance costs for years, even if you avoid jail time. This is why working with a Greenville DUI attorney to fight or reduce DUI charges is essential to protect not only your freedom but also your financial future.
Can you get a DUI in South Carolina without being over the legal BAC limit?
Yes, in South Carolina, you can still be charged with DUI even if your BAC is below 0.08%, if law enforcement believes you were appreciably impaired by alcohol or drugs. For instance, field sobriety tests, officer observations, and driving behavior can lead to DUI charges even without a high BAC.
Additionally, South Carolina’s zero tolerance laws mean that drivers under 21 years old can be charged with underage DUI for a BAC as low as 0.02%.
Because of the subjective nature of some DUI arrests, it is critical to have a DUI lawyer in Greenville SC review all evidence and challenge improper procedures or weak evidence.
What is DUAC, and how is it different from DUI in South Carolina?
DUAC (Driving with an Unlawful Alcohol Concentration) is a charge based strictly on your BAC level, with no need to prove impairment. If your BAC is 0.08% or higher, you can be charged with DUAC under South Carolina law, even if you were not driving erratically.
In contrast, a DUI (Driving Under the Influence) charge requires the state to prove you were appreciably impaired while driving. Although penalties for DUAC and DUI are similar, DUAC can sometimes be easier for prosecutors to prove because impairment does not need to be demonstrated.
An experienced Greenville DUI and DUAC lawyer can evaluate your case and fight for reduced charges or dismissal, depending on the facts.
What should I do immediately after a DUI arrest in Greenville SC?
If you are arrested for DUI or DUAC in Greenville, SC, remain calm and exercise your right to remain silent. You should politely decline to answer questions without a lawyer present, and avoid making any admissions about drinking.
You should contact a DUI lawyer immediately to protect your rights, especially because you only have 30 days to request an administrative hearing to fight for your driver’s license.
At DuiLawyersGreenville.com, we offer immediate legal counsel to start building your defense, challenge field sobriety and breathalyzer tests, and fight DUI charges aggressively.
How can a DUI lawyer help with a first-time DUI in Greenville?
A DUI lawyer in Greenville SC can significantly improve your chances of avoiding harsh penalties, even for a first-time DUI offense. An experienced attorney will:
- Challenge the validity of field sobriety tests and breath tests
- Examine whether law enforcement had reasonable suspicion and probable cause
- Investigate procedural errors during the arrest
- Negotiate for reduced charges or alternative sentencing
- Represent you in court to fight for dismissal
First-time DUI cases may qualify for diversion programs, and a skilled DUI attorney can guide you through options to minimize or avoid criminal penalties.
Do I need a lawyer for a DUI if I plan to plead guilty?
Yes, even if you plan to plead guilty, having a Greenville DUI lawyer can ensure you are treated fairly and avoid unnecessarily harsh penalties. A lawyer may be able to negotiate a better deal, such as reduced charges, lesser fines, or avoiding jail. You may also have defenses you don’t realize—never plead guilty without first consulting an experienced DUI attorney.
Contact DuiLawyersGreenville.com – Get Your Free DUI Defense Consultation Today
Arrested for DUI or DUAC in Greenville, SC? Don’t wait until it’s too late to protect your license, freedom, and future. The experienced DUI lawyers at DuiLawyersGreenville.com are ready to stand by your side, challenge the charges, and fight to keep you out of jail.
We know how overwhelming a DUI arrest can be—you don’t have to face this alone. Whether it’s your first offense or you’re facing felony DUI charges, our team will give you the strong legal defense you deserve.
✅ Free, confidential consultation — no obligation
✅ Aggressive defense from experienced Greenville DUI attorneys
✅ Protect your driver’s license and fight for reduced or dismissed charges
✅ Available 24/7 — Immediate help when you need it most
📞 Call 864-523-7776 now for a FREE case review, or visit www.DuiLawyersGreenville.com to get started today.
Take action now — because your future is worth fighting for.
