The 4th of July is a time for fireworks, barbecues, and celebrations in Aiken, South Carolina. But with the fun comes a harsh reality: DUI arrests skyrocket during holiday weekends.
In 2020, South Carolina had 16,615 DUI arrests, and holidays like the 4th of July see increased enforcement due to increased alcohol consumption.
At Johnson, Johnson, Whittle, Lancer, and Staggs, our Aiken DUI lawyers want you to have fun and enjoy the holiday without the trouble of a DUI. Here’s what you need to know to stay safe and avoid a DUI in Aiken.
Increased DUI Enforcement Over Holiday Weekends
The 4th of July is more than just celebrations; it’s a prime time for law enforcement to crack down on impaired driving. South Carolina’s “Sober or Slammer” campaign ramps up during holidays, and Aiken police and the South Carolina Highway Patrol are on high alert. Why?
Nearly half of fatal crashes in South Carolina involve impaired drivers. Here’s what to expect during this period.
- Sobriety Checkpoints: Law enforcement sets up public safety checkpoints to screen for impaired drivers, check licenses, register, and detect signs of intoxication. These are common in Aiken and surrounding areas during holiday weekends.
- Increased Patrols: Officers are out in force, especially at night and in high-traffic areas like downtown Aiken or near popular venues. In Berkeley County alone, 5 DUI arrests were made over the 2024 4th of July weekend.
- Common Reasons for Stops: Speeding, swerving, running red lights, or even minor infractions like a broken taillight can lead to a stop. Officers are trained to look for signs of impairment during these routine checks.
What Happens if You’re Pulled Over for a DUI in Aiken
Getting pulled over for a suspected DUI in Aiken can be scary. Officers may ask you to do field sobriety tests or take a breathalyzer to measure your blood alcohol concentration (BAC).
Have you thought about how a simple traffic stop could escalate? Knowing what to expect and how to respond is key to protecting your rights.
Field Sobriety Tests and Breathalyzer
Officers may ask you to do tests like walking in a straight line or a one-leg stand to assess impairment. A breathalyzer measures your BAC.
Operating a vehicle with a 0.08% or higher BAC is illegal in South Carolina. Refusing a test triggers immediate consequences under South Carolina’s implied consent law.
What to Do and Not Do During a DUI Stop
Are you ready to handle a traffic stop like a pro? Your actions in those moments matter:
- Do stay calm and polite to the officer.
- Give them your license, registration, and insurance when asked.
- Do exercise your right to remain silent beyond basic identification.
- Don’t argue or admit to drinking, even if you think it was “just one.”
- Don’t do field sobriety tests if you’re unsure — they’re voluntary and can be used against you.
- Don’t refuse a breathalyzer without knowing the consequences.
Implied Consent and License Consequences in Aiken, SC
South Carolina’s implied consent law (S.C. Code § 56-5-2950) means you consent to BAC testing if suspected of DUI in Aiken. Refusing test results in a 6-month license suspension, and a BAC of 0.15% or higher results in a 1-month suspension for a first offense.
You have 30 days to request an administrative hearing to contest this suspension.
DUI Penalties in South Carolina
A DUI in South Carolina is serious, even for a first offence. Penalties escalate based on your BAC and prior offenses, affecting your wallet, freedom, and future. Here’s what you could face under S.C. Code § 56-5-2930.
First Offense DUI (BAC < 0.10%)
- Fines up to $400 (plus assessments, total ~$992).
- 48 hours to 30 days in jail.
- 6-month driver’s license suspension.
- Mandatory Alcohol and Drug Safety Action Program (ADSAP).
Higher Penalties for Elevated BAC or Repeat Offenses
- BAC 0.15% or higher: Fines up to $1,000, 30-90 days in jail, and mandatory ignition interlock device (IID) for 6 months.
- Second offense (within 10 years): Fines $2,100-$5,100, 5 days to 1 year in jail, 1-year license suspension, and 2-year IID requirement.
- Fourth offense: Felony charge, 1-7 years in prison, and permanent license revocation.
Long Term Consequences
How would a DUI in Aiken affect your job or family? Knowing these penalties shows why prevention and strong defense are key.
- Higher insurance rates, potentially doubling your premiums.
- Employment challenges, especially for jobs that require driving or a clean record.
- Permanent criminal record, DUIs cannot be expunged in South Carolina.
- Travel restrictions or professional license issues.
How to Celebrate Safely and Responsibly
You can enjoy 4th of July festivities without a DUI in Aiken. You’ll keep yourself and others safe by planning and making smart choices.
Here are some practical tips to stay out of trouble:
Tips to Avoid a DUI in Aiken
- Designate a sober driver before you go.2. Use rideshare services like Uber or Lyft, available in Aiken.
- Plan your transportation home before the party starts.
- Stay overnight if you drink at a friend’s house or event.
- Pace Your Drinking: Alternate drinks with water to stay hydrated and reduce impairment. Eat a meal before drinking to slow down alcohol absorption.
- Hosting a Party? Keep car keys away from intoxicated guests. Offer non-alcoholic drinks and make sure everyone has a safe ride home.
What to Do if You’re Arrested for DUI in Aiken
A DUI arrest can be overwhelming, but your response in the moment and days after can impact your case. Stay calm and proactive.
Here’s what to do:
- Stay Calm and Respectful: Cooperate with officers but don’t answer questions about drinking without a lawyer present. Your words can be used against you.
- Get a Lawyer Right Away: Say “I want to speak with my attorney.” This protects your rights and shows you’re taking it seriously. A lawyer can help you through the process and challenge evidence like breathalyzer results or field sobriety tests. Have you thought about what you’d do if you got arrested? Quick action makes all the difference.
Post-Arrest Steps
- Request an administrative hearing within 30 days to contest your license suspension.
- Gather evidence, such as receipts or witness statements, that show you weren’t impaired.
- Contact a DUI lawyer immediately to build your defense and meet deadlines.
Why You Need a DUI Lawyer in Aiken
Facing a DUI in Aiken is scary, but a good criminal defense attorney can help you navigate the system. Our criminal defense team at Johnson, Johnson, Whittle, Lancer, and Staggs knows South Carolina’s DUI laws inside and out.
Here’s how we can help:
License Hearings
The South Carolina DMV suspends your license after a DUI arrest. You have 30 days to request a hearing to contest this suspension. We’ll represent you and fight to keep your license.
Court Representation and Plea Negotiations
From challenging the traffic stop to questioning breathalyzer accuracy, we’ll build a defense around your case. In some cases, we may be able to negotiate plea deals to reduce charges, from DUI to reckless driving, and minimize penalties.
Time Sensitive Deadlines
Missing deadlines, like the 30-day window for an administrative hearing, can cost you your license. We’ll ensure all paperwork is filed on time and advocate for the best possible outcome, whether it’s reduced penalties or a dismissal.
Call Us Today if You’ve Been Arrested for a DUI in Aiken
Aiken’s 4th of July celebrations are a highlight of the summer, but one bad decision can lead to a DUI that changes your life. With law enforcement on high alert and severe penalties for first-time offenders, planning ahead is important.
Designate a sober driver, use rideshare apps or stay hydrated to avoid trouble.
If you or someone you know is charged with a DUI in Aiken, don’t let one night ruin your future. Celebrate smart, stay safe, and we’ll handle the legal stuff.
At Johnson, Johnson, Whittle, Lancer, and Staggs, our Aiken criminal defense attorneys have defended against DUIs and can help you develop a defense plan. Contact us today at (803) 649-5338 for a free consultation on any DUI matter.
