Traversing the legal ramifications of a DUI charge can be complicated. Fortunately, you can fight the charges being brought against you and lessen the penalties you may face upon sentencing with help from an experienced DUI sentence enhancements lawyer.
Drinking is a fun, social activity that most people take delight in. However, when you decide to drive after having one too many or have made an irrational decision to drive after partying too much, you will be endangering yourself and the lives of others.
For this reason, South Carolina statutes impose stringent DUI Sentencing on motorists found guilty of driving under the influence (DUI).
When you retain us at DUI Lawyer Greenville, we formulate a potential defense strategy and advocate on your behalf to ensure a positive case outcome.
Contact us today at 864-523-7776 to book a consultation and case review!
What Happens After You Have Been Charged with a DUI
When driving on South Carolina roads, the law stipulates that by deciding to use the roads, you are implicitly consenting to be subjected to a chemical test if there’s cause to suspect you may be under the influence of alcohol or other drugs.
You can be pulled over and charged with a DUI if your BAC measures 0.08% or over. If you refuse to take a chemical test as demanded by the officer, you may be subject to a driver’s license suspension of at least six months.
The arresting officer will immediately confiscate your current license and you will have 30 days to submit a petition to get an administrative hearing concerning your license suspension.
Keep in mind that, no matter the circumstances surrounding your DUI arrest, you’ve got rights. It’s your right to know what to expect after you’ve been charged with a DUI. So make sure to call an experienced attorney immediately for guidance.
What Are the SC DUI Sentencing Factors?
Sentencing often occurs almost immediately following a DUI conviction, with the sentencing judge getting input from the defense team and prosecutor in some instances.
The sentencing judge will take into account sentencing levels and punishments identified in South Carolina DUI Penal Code, in addition to a range of case-specific factors such as:
- The defendant’s criminal history and DUI record
- The defendant’s social, personal, and economic circumstances.
- DUI impact on victims
What Are the DUI Sentence Enhancement Levels in South Carolina?
Per South Carolina DUI penalty statutes, there are several factors that will be considered to determine the sentencing you receive.
The key factors include:
- your blood alcohol content (BAC) reading
- whether you refused or accepted to take the breathalyzer (or a urine or blood test)
- your criminal record
- whether your DUI case involves additional charges or aggravating circumstances.
DUI First Offense
A first conviction may result in a prison time of 48 hours to up to 30 days, in addition to a fine of at least $400, additional assessments and surcharges, and an automatic 6-month suspension of your driving license.
The penalties, community service, or jail sentences are worse for first-time perpetrators who are found with a BAC of 0.10 or more.
For a BAC between 0.10% and 0.15%, possible punishments include a fine of $500 and at least 72 hours of jail time for a 0.10 % BAC and a $1,000 fine and at least 30 days in jail.
DUI Second Offense
This sentence will include a fine of at least $2,100 to a maximum of $5,100 as well as assessments and surcharges of up to $5,644.50. This can also include jail time (or community service) of at least five days to a year.
You will also serve a one-year license suspension.
DUI Third Offense
This sentence will include a fine of at least $3,800 to a maximum of $6,300; surcharges and assessments of up to $6,934.50; prison term of at least 60 days and not more than three years; as well as a three-year license suspension.
DUI Fourth Offense or Greater
This sentence will warrant imprisonment of one to five years and a permanent license revocation. If your BAC is between 0.10% and 0.16%, then you are subject to face a jail term of at least two years to six years.
Get Expert Help From DUI Lawyer Greenville Today!
Any accusation of drunk driving brought against you should be taken very seriously, regardless if it’s your first offense.
Although the penalties for first-time offenders may not appear that harsh, the first sentence can haunt you in the long term in more damaging ways if convicted of a DUI offense again.
For this reason, it is important you fight your DUI sentencing with our skilled DUI Lawyer Greenville.
Our dedicated attorneys will advocate on your behalf to ensure a positive case outcome. Contact us now at 864-523-7776 to arrange a FREE consultation.
