If you have been arrested for driving under the influence (DUI) in Aiken, South Carolina, you may be feeling scared, worried, overwhelmed, and stressed. In fact, if you have never been arrested for DUI before, you may still face severe penalties.
Why? South Carolina’s new DUI laws have increased the penalties for those arrested for DUI.
The new DUI laws are set to be enforced on May 19, 2024. You, therefore, need to stay informed, seek legal counsel from knowledgeable Aiken Attorneys, and understand your rights. At Johnson, Johnson, Whittle & Lancer, Attorneys, P.A., we will aggressively defend your rights and protect your future. We have the expertise and experience to defend you against DUI charges.
Overview of South Carolina’s New DUI Laws in 2024
South Carolina has been working hard to improve road safety for all road users. In fact, South Carolina has amended its DUI laws over the years in an effort to curb DUI. Therefore, the latest amendment will take effect on May 19, 2024.
Here is an overview of South Carolina’s New DUI laws:
The Breath Interlock Device Requirement
Under the new DUI laws, it is now mandatory to install a breath interlock device in a motor vehicle after a person receives a DUI conviction with a BAC of 0.08% or higher.
So, if you are convicted of DUI in South Carolina, you will now be required to install a breath interlock device in your motor vehicle. If your BAC is 0.02 percent or greater, your motor vehicle will not start.
In the past, this requirement only applied to repeat DUI offenders or people with high BAC levels. The new law, however, also applies to first-time DUI offenders, regardless of their BAC levels.
DUI Legal Penalties and Consequences
If you are convicted of DUI, you now face mandatory installation of a breath interlock device, license suspension, fines and fees, and a criminal record.
A DUI conviction will result in automatic driver’s license suspension and will appear on your criminal record.
Will the New Law Affect My Old DUI Case in South Carolina?
No, the new law will not affect your old DUI case in Aiken, South Carolina. It will only affect DUI cases that occurred on or after May 19, 2024. So, if you were arrested before May 19, 2024, the old law would apply.
How Can You Drive If You Refuse a Breathalyzer Test and Get Suspended in South Carolina?
According to the old DUI laws in Aiken, SC, you can get a Temporary Alcohol License (TAL). TAL allows you to drive until the hearing date. Remember, you will still need to challenge your license suspension and avoid alcohol while driving.
Under the new law, you can still get a TAL. However, you will need to put a breath interlock device in your motor vehicle.
If, unfortunately, you lose the hearing, you will have credit towards the license suspension for the time you drove with the device in your motor vehicle.
We recommend getting a standard TAL. Why? Firstly, it costs a couple of hundred dollars per month to maintain the device. Secondly, the Department of Probation, Parole, and Pardon Services (DPPPS) will monitor your results regularly. And if you violate the program, even innocently, you will still face penalties.
What Will Happen If You Lose the Implied Consent Hearing in South Carolina?
According to the old DUI law, you have the option to:
- Serve your suspension and not drive,
- Obtain a route restricted license,
- Or enter the Ignition Interlock Device (IID) Program.
According to the new law, you will need to maintain the Ignition Interlock Device in your motor vehicle for the remainder of your suspension period or more. You will still have to attend the South Carolina Alcohol and Drug Safety Action Program (ADSAP).
What Will Happen If You Win the Implied Consent Hearing in Aiken, SC?
If you win the implied consent hearing, your driving license will be reinstated. However, if your DUI charges have not been dropped, you will still need to fight your DUI charges. Our team of skilled Aiken attorneys at Johnson, Johnson, Whittle & Lancer, Attorneys, P.A. is here to fight your DUI charges on your behalf.
What Will Happen If You Are Convicted of DUAC or DUI Under the New DUI Law in Aiken, SC?
If you are convicted of DUAC or DUI under the new DUI law, your license will be suspended, you will be fined or sentenced to jail, you will have to get SR-22 insurance, and you will have to attend the ADSAP class.
Do You Still Need to Install Breath Interlock Device If You Blow a 0.00 in South Carolina?
If you blew a 0.00 on a breath test but refused to take a urine test, your driving license could still be suspended. In some scenarios, you may not have to install a breath interlock device in your car.
Do South Carolina’s New DUI Laws Affect Out-of-State Drivers?
Yes, South Carolina’s New DUI Laws will affect out-of-state drivers if they have been convicted of DUI charges or Felony DUI in South Carolina. Therefore, if they want to clear their suspension, they will have to complete the IID program in South Carolina.
Contact Johnson, Johnson, Whittle & Lancer, Attorneys, P.A. to Help You
A DUI charge can ruin your reputation and make it difficult to find employment or even housing. Thankfully, we understand the new DUI laws in South Carolina.
We have studied the new laws. We are, therefore, better qualified to advise our clients and guide them throughout the whole process. If your driving license is suspended, we can get you back driving legally as soon as possible.
If you are facing a DUI charge in South Carolina, consult with a knowledgeable DUI defense lawyer at Johnson, Johnson, Whittle & Lancer, Attorneys, P.A. by calling us at (803) 649-5338.
