The rate of DUI arrests and alcohol-related fatalities in South Carolina is estimated to be about 307.4 and 6.3 respectively per 100,000 people. This puts it among the top Southern states with the highest alcohol-related driving problems.
In response to this trend, the state has adopted a serious stance when it comes to prosecuting DUIs.
If you are facing DUI charges in South Carolina, you may encounter a variety of myths about the process. At Johnson, Johnson, Whittle, Lancer, and Staggs (JJWLS) we have a team of seasoned lawyers with extensive experience in dealing with DUI cases and criminal defenses. This article will debunk common myths and provide accurate information about DUI charges in South Carolina.
Myth 1: You Can’t Be Charged with a DUI if You’re Under the Legal Limit
According to South Carolina law, it is illegal to drive when your Blood Alcohol Content (.08) is equal to or greater than .08%. It is also against the law to drive when you are intoxicated to the point that your ability to drive is substantially impaired.
However, staying under the legal limit (of .08% BAC) does not guarantee that you will not be taken to jail for a DUI. Some law enforcement officers will arrest you if they smell any alcohol on you during a traffic stop. Even if you don’t fail the breathalyzer test, you may be accused of driving while under the influence of drugs.
Myth 2: Refusing A Breathalyzer Test Means You Can’t Be Convicted
Refusing to take a breathalyzer test does not prove your guilt or innocence. However, when you make this choice, you should be prepared for the consequences. According to South Carolina’s implied consent laws, anyone driving on SC roads “impliedly consents” to blood, urine, and breath alcohol tests.
If you refuse to take a breath alcohol test, your license is suspended automatically. It is possible to challenge the suspension by requesting an administrative hearing in 30 days. Once you have lodged this request, you can receive a temporary license to be used until the day of the hearing.
Without breathalyzer test results, the prosecution can use, field sobriety tests, officer accounts of your driving behavior before being stopped, observations of witnesses, and your responses to the police as evidence in DUI cases.
Myth 3: You Can’t Fight A DUI Charge
Many people erroneously believe that it is impossible to fight DUI charges in court. You should know that these are not open and shut cases. A seasoned attorney can help you challenge the prosecution’s case using a variety of strategies.
Common defenses against DUI charges in South Carolina include improper traffic stops, inaccurate BAC readings, officer errors, lack of evidence of impairment, witness testimony, and medical conditions such as acid reflux.
If you are facing DUI charges, be sure to contact a seasoned attorney. The right lawyer will be able to carefully look at the facts of your case and explore effective defenses against the charges.
Myth 4: A First-Time DUI Conviction Isn’t a Big Deal
This couldn’t be further from the truth. Most consequences of a DUI conviction aren’t obvious until they become part of your record. A conviction comes with serious implications – which can last for many years.
A South Carolina DUI is both a traffic and criminal offense. A conviction comes with a variety of consequences including, fines, license suspension, a permanent criminal record for DUI, higher insurance rates, and mandatory programs.
In South Carolina, even a first-time DUI conviction can come with a mandatory jail sentence, depending on the facts of the case. In addition to higher penalties and possible license revocation, subsequent convictions can lead to longer prison sentences.
It is also worth noting that a permanent criminal record can have a huge impact on your current and future employability.
Myth 5: Out-of-State Drivers Do Not Have to Worry About DUI Charges In South Carolina
You can face DUI charges when driving in South Carolina, even if you are not a resident of the state. If you are an out-of-state driver, being charged with a DUI in South Carolina comes with an added layer of complexity.
Anyone driving within the borders of SC is bound by the applicable state laws. Since South Carolina is a party to the Driver’s License Compact, it shares information about DUI convictions with other members.
This means that the state can take action against your driving rights if you have a DUI conviction in another state. An out-of-state DUI conviction can have a significant impact on your driving privileges in South Carolina.
If you have an out-of-state DUI conviction, it is recommended that you reach out to a qualified attorney. Whether you live in South Carolina or not, a seasoned lawyer can explain how these convictions work, and help you challenge the charges or prepare you for the consequences.
Get an Experienced Attorney and Fight Your DUI Charges
A DUI conviction can have serious consequences. Facing these charges is hard enough without having to sift between reality and myth! If you have been charged with a DUI offense, do not rely on myths. Ensure you are best positioned to challenge the prosecution’s case by having a seasoned attorney by your side.
Experienced lawyers know the law and have what it takes to craft a solid defense after evaluating the facts of your case.
If you are facing DUI charges, contact Johnson, Johnson, Whittle, Lancer, and Staggs (JJWLS) now at (803) 649-5338 for a consultation with our experienced attorneys.
