DUI Lawyer - Charleston, South Carolina
South Carolina Administrative Hearing
Pursuant to South Carolina law, an individual has 10 days to request an Administrative Hearing from the South Carolina Department of Motor Vehicles. If you fail to request a hearing within 10 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame. In order to preserve your right to an administrative hearing, it is imperative that you submit your request to the Department of Motor Vehicles in South Carolina within 10 days. Contact a competent and skilled DUI lawyer to help, but do not delay.
What happens if you were arrested for DUI in Charleston, South Carolina?
Under South Carolina law, once you have been cited for violating the DUI statute, the state initiates two simultaneous, yet separate legal actions against you. The criminal action is in response to the ticket that was issued to you, while the administrative action is brought against your license by the South Carolina Department of Motor Vehicles. While both actions can result in the suspension of your driving privileges in South Carolina, it is important to remember that there may be more penalties to consider and each action must be handled on its own.
DUI in Charleston, South Carolina? It is imperative you seek the legal advice of an aggressive and professional DUI criminal defense lawyer immediately. Being charged with DUI is a serious offense that can have serious consequences, including loss of driving privileges, jail time, and monetary fines. It is imperative that anyone facing a DUI (DWI) charge understand what challenges they will face. Call a South Carolina DUI lawyer today for a professional and free consultation.
DUI Penalties for First Time Offenders
- Monetary Fines - Fines for a first time DUI in Charleston, South Carolina are up to $400.00.
- Time in Jail - A first time DUI offender in South Carolina faces imprisonment of 48 hours, up to 30 days.
- South Carolina Driving Privileges and DUI - In Charleston, South Carolina, a first time DUI conviction results in the revocation of driving privileges in South Carolina for 6 months.
- Commercial Drivers - Commercial drivers are in violation of the DUI statute with a blood-alcohol concentration (BAC) of 0.04. A first time DUI conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent DUI offenses will result in a lifetime loss of the commercial license.
- Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the automatic suspension of South Carolina driving privileges for 90 days.
- Alcohol Evaluation - Successful completion of a drug and alcohol program is required for reinstatement of driving privileges in South Carolina.
Implied Consent:
According to South Carolina Code, SECTION 56-5-2950 there is Implied consent to testing for alcohol or drugs; procedures; inference of DUI.
(A) A person who drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs or the combination of alcohol and drugs if arrested for an offense arising out of acts alleged to have been committed while the person was driving a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs. A breath test must be administered at the direction of a law enforcement officer who has arrested a person for driving a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of alcohol and drugs. ...
Subsequent DUI Offenses
Penalties are increasingly more severe for any additional DUI violations. Due to the complexity of DUI laws in South Carolina, you may not be aware of rights and options, including any defenses you might use. This is why an assertive and skilled defense attorney can guide you through this emotionally challenging process. Please contact a South Carolina DUI or DWI criminal defense lawyer for a professional and free consultation.
All DUI Costs
Costs for DUI go beyond what you pay in fines. Here are other ways you may pay...
- Tow/Impound Fee
- Restitution Fund
- DUI or DWI Treatment Program
- Restitution Fund
- Auto Insurance Increase
- DMV Reissue Fee
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. |