DUI Defense

DUI Defense

At Isaacs & Alley, LLC, we proudly serve Richland and Lexington counties as Columbia's premier trial attorneys, specializing in family law, DUI defense, personal injury, workers' compensation, and business law.

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South Carolina DUI Defense Attorney

South Carolina punished DUI offenders harshly, with incarceration, steep fines, and license revocation. Even if you are a first-time offender, you can expect mandatory prison time and an automatic license suspension. With subsequent offenses, the penalties increase in severity. This is not to mention the points against your license and the skyrocketing insurance premiums that you will experience.

With the state taking all measures to acquire a conviction, you need aggressive representation to combat the charges filed against you. If you are facing allegations of a DUI in South Carolina, now is the time to speak with our experienced DUI defense attorney.

South Carolina Laws on Impaired Driving

A motorist is in violation of the law if he or she operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or greater in South Carolina. At this level, studies show that drivers exhibit signs of reduced coordination, impaired judgment, and slow reflexes.

Under South Carolina’s implied consent law, if you drive within the state, you automatically consent to a breath, blood, or urine test. If a police officer asks you to breathe into a breathalyzer, the test must be video recorded by law.

Driving a car in open sky

Establishing Probable Cause

Law enforcement must have probable cause to arrest you for a DUI. Since a police officer will not administer a breath, blood, or urine test until after you have been pulled over, the officer will look for any of the following signs that indicate impairment:

  • Weaving in and out of lanes
  • Straddling a lane line
  • Drifting
  • Accelerating or decelerating for no apparent reason
  • Varying speed or unusually slow speed
  • Jerky or sharp turns
  • Driving in the wrong lane
  • Driving without headlights at night

Even if your BAC is 0.05 percent, you could still be charged for a DUI with any signs of impairment being present at the time of your arrest.

Criminal Penalties & License Suspension

The following are penalties you may receive for driving under the influence:

  • First Offense: A potential fine of $400, mandatory imprisonment for 48 hours, with maximum imprisonment of 30 days, and license suspension for six months
  • Second Offense: Fines between $2,100 to $5,100, imprisonment of five days up to one year, and license suspension for one year
  • Third Offense: Fines from $3,800 to $6,300, mandatory imprisonment of 60 days, but not more than three years. Your license will be suspended for two years.*
  • Fourth or Subsequent Offense: Imprisonment of one to five years and permanent license revocation.

*If your third offense occurs within five years of your first offense, your license will be suspended for four years. If your third offense occurs within ten years of your first offense, your vehicle will be impounded.

Can I Get my DUI Expunged from My Record?

An expungement is essentially erasing an offense from your criminal record. Depending on the circumstances behind your DUI, you may be able to get a DUI expunged from your record.

While a DUI arrest or charge may be eligible for expungement, a DUI conviction cannot be expunged. Keep in mind that the expungement process is not simple, and it is best to consult with a South Carolina DUI defense attorney.

A South Carolina DUI Defense Attorney Fighting for You

A DUI will not only disrupt your present but can ruin your future as well. Employers are less likely to give a job to a person with a criminal record, making it difficult for you to secure a well-paying position. If you have been arrested or charged with a DUI, our South Carolina DUI defense attorney is here to assist you. To schedule your complimentary case evaluation, contact us online or by phone.