- November 30, 2022
Driving under the influence (DUI) is a criminal offense in Charleston, South Carolina. Therefore any DUI conviction can do great harm to your career advancement dreams. For this reason, a lot is on the line if you get pulled over and read your Miranda rights.
You will need the best DUI defense lawyer in Charleston, SC, to clear your name. This article looks at how a DUI conviction affects your career.
What Is Considered Driving Under the Influence in South Carolina?
DUI is not always a given when a driver in South Carolina consumes alcohol or a controlled substance. South Carolina law stipulates specific requirements for driving while intoxicated.
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Driving With an Unlawful Alcohol Concentration (DUAC) in Your Blood
Law enforcement uses the Blood/Breath Alcohol Concentration (BAC) test to determine how much alcohol is in your blood. You must first ensure that your blood alcohol level isn’t up to or higher than 0.08% to be acquitted of any DUI accusations. A blood alcohol content (BAC) of 0.08% indicates that eight portions of alcohol are present in every 10,000 portions of blood. At this BAC level, the driver is assumed to have lost some control over their ability to make healthy decisions.
Interestingly, there have been cases where persons with 0.08% BAC still function completely normally. However, this is still insufficient to forgive a driver under the state’s laws.
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Driving With an Alcohol-Induced Impairment
Being impaired by alcohol while driving is another factor that could lead to a DUI conviction. The driver in this situation may have a BAC considerably below the legal limits, yet they have consumed enough alcohol to make them incompetent.
Drivers unaware of this clause frequently question why they were detained for a DUI even after passing a BAC test. This clause was implemented to account for drivers who have low tolerances to alcohol and become inebriated even at low BAC levels.
What Are the Consequences of a DUI in South Carolina?
South Carolina law prescribes the same consequences for exceeding the BAC limits as operating a vehicle while under alcohol. In addition, high blood alcohol concentrations and re-offenses carry stiffer punishments.
First Time Offenders
- 2 to 30 days of jail time or community service if your blood alcohol concentration (BAC) was less than 0.10% or you refused a test. 7 to 30 days of jail time or community service for BACs from 0.10% to 0.15%, or 30 to 90 days for BACs equal to or greater than 0.16%.
- $400 in fines for BACs less than 0.10%, $500 for BACs from 0.10% to 0.15%, and $1,000 for BACs greater than 0.16%.
- License suspension for six months.
Second Time Offenders
- Five days to 1 year for BACs less than 0.10% or refusal to take a test, 30 days to 2 years for BACs from 0.10% to 0.15%, and 90 days to 3 years for BACs that are 0.16% or more.
- $2,100 to $5,100 in fines for BACs less than 0.10%, $2,500 to $5,500 for BACs from 0.10% to 0.15%, and $3,500 to $6,500 for BACs greater than 0.16%.
- License suspension for one year.
- Mandatory installation of an ignition interlock device.
Third Time Offenders
- Sixty days to 3 years for BACs less than 0.10% or refusal to take a test, 90 days to 4 years for BACs from 0.10% to 0.15%, and six months to 5 years for BACs that are 0.16% or more.
- $3,800 to $6,300 in fines for BACs less than 0.10%, $5,000 to $7,500 for BACs from 0.10% to 0.15%, and $7,500 to $10,000 for BACs greater than 0.16%.
- License suspension for two years.
- Mandatory installation of an ignition interlock device.
Fourth Time Offenders
- 1 to 5 years for BACs less than 0.10% or refusal to take a test, 2 to 6 years for BACs from 0.10% to 0.15%, and 3 to 7 years for BACs that are 0.16% or more.
- Permanent license revocation.
- Mandatory installation of an ignition interlock device.
Note that all convictions require that the driver enrolls in an Alcohol and Drug Safety Action Program (ADSAP) and obtain SR 21 insurance. First-time offenders who undertake this program can get a temporary license.
The Best DUI Defense Lawyer in Charleston Explains How a DUI Conviction Affects Your Career
A DUI criminal record can significantly impact your future job opportunities. There is a great chance that a prospective employer will run a background check and discover the DUI on your record.
A DUI charge will have the largest impact on specific professions. The military, daycare workers, firefighters, nurses, and drivers are a few of these. With a DUI conviction, finding employment with the government or in any position requiring access to sensitive information can be particularly challenging. A DUI conviction can also make it more difficult for you to advance in your current place of employment.
How Long Does a DUI Stay on Your Background Check in South Carolina?
DUI arrests in South Carolina result in lifetime criminal records, even though they only appear on your driving record for ten years. The DUI rules in South Carolina are among the harshest in the nation, thanks to this and other provisions.
You must accept that potential employers will always find out about your DUI during background checks. Therefore, escaping a conviction is the only way to avoid this grave possibility.
How Do You Beat a DUI in South Carolina?
You may be completely exonerated if arrested and charged with DUI. But only if your lawyer is intelligent. Alternatively, your lawyer may convince the prosecutor to let you plead guilty to a lesser charge, such as reckless driving.
The best DUI defense lawyer in Charleston will help you do a combination of the following:
- First, obtain the police report of the arrest, police dash cam footage, videos from the breathalyzer room, and the training records of the arresting officers.
- Investigate the circumstances that led to the arrest.
- Review every process involved in arriving at your charges, including the propriety of alcohol tests in case the testing machine was faulty.
- Represent you in court, cross-examining the police officers involved, disproving and arguing the admissibility of evidence.
Meet the Best DUI Defense Lawyer in Charleston
Your chances of avoiding a DUI conviction will increase if you work with skilled defense counsel. Thus, you must make a thoughtful and ideal choice for your DUI defense lawyer.
Charleston DUI Guy is a well-known DUI defense lawyer in Charleston, SC. We are ready to offer you a free consultation if facing a DUI charge. During these meetings, we will demonstrate our advantages in DUI defense cases, and you will then be free to decide.
