SC DUAC Laws, Penalties, and License Suspension Information
ISSUE TWO: The South Carolina Criminal Case: Separate from the implied consent suspension is the criminal charge for DUI and / or driving with unlawful alcohol concentration. Will my South Carolina driver license be suspended? RELATED TO ISSUE ONE ABOVE: Your South Carolina driver license may be suspended in the implied consent proceeding for failing or for refusing a chemical test. SOUTH CAROLINA IMPLIED CONSENT LICENSE SUSPENSION CHART(for persons 21 years and older) INCIDENT BAC 0.14% or less BAC 0.15% or more REFUSAL TO SUBMIT No priors in past 10 years None 1 month 6 months 1 prior in past 10 years None 2 months 9 months 2 priors in past 10 years None 3 months 12 months 3 priors in past 10 years None 4 months 15 months. Talk to your South Carolina DUI attorney for possible suspension lengths for your situation. SOUTH CAROLINA DUI / DUAC CONVICTION DRIVER LICENSE SUSPENSION CHART FIRST OFFENSE(w/in past 10 years) Six Month Suspension SECOND OFFENSE(w/in past 10 years) One Year Suspension THIRD OFFENSE(w/in past 10 years) Two to Four Year Suspension₁ FOURTH OR SUBSEQUENT OFFENSE(w/in past 10 years) Permanent Revocation Note 1: If the third conviction occurs within five years from the date of the first offense, then the suspension length is four years. Speak to your South Carolina DUI lawyer about whether you qualify and how to apply for a provisional driver license. Of course, South Carolina law also refers to driving with unlawful alcohol concentration or DUAC. Is a DUI / DUAC in South Carolina a misdemeanor or felony charge? Upon conviction of an South Carolina DUI DUAC offense, a defendant can receive a variety of penalties including a period of probation and enrolling in and successfully completing an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services. You cannot expunge a South Carolina DUI / DUAC conviction. South Carolina and 44 other states and the District of Columbia have adopted an agreement known as the “Driver License Compact.” South Carolina will report a DUI / DUAC conviction to the home state of the driver. If you are a South Carolina licensed driver and you are convicted of a DUI charge in another state, South Carolina will suspend your license if it learns of the conviction. South Carolina law requires the installation of an IID for a second or subsequent DUI / DUAC conviction. The FAA has special reporting requirements for certain Motor Vehicle Actions including South Carolina DUI / DUAC convictions and certain implied consent suspensions. You have a constitutional right to represent yourself on any criminal charge no matter how serious including an South Carolina DUI / DUAC charge.
Charleston, SC DUI Lawyers
When you are in a situation like this, your legal counselor will be upfront in letting you know that you could be fighting a losing battle if you decide to take on the prosecution. Now no one wants to fight a losing battle but if you do not try to muster up a fight you already lost and you will lose for sure. Do not underestimate the power of a fantastic legal pro; they can be just as innovative and dedicated as Ross and his team. The latter used weapons, a DUI lawyer in Charleston, SC will use the power of their mind and the pen. If there is any way that you could still fight the charge by at least have the consequences reduced if not completely dismissed, then you can rest assured that your DUI legal pro will be the first person to tell you everything about it. Pleading guilty is better for multiple reasons in such cases, say illustrious DUI lawyers in Charleston, SC. To begin with, you might be able to strike a plea bargain by pleading guilty and save a substantial amount of money by not going into trial in terms of legal fees and court fees. When it comes to assessing the strength of the case that the prosecution has against you and your odds at beating the charges, your South Carolina DUI attorney will usually be the best judge of that given his or her professional expertise and experience in this field. Usually, we can say that it is likely that you will be convicted of your charges under the following circumstances. The maximum BAC limit in most states is 0.08% BAC. In cases where your BAC turns out to be exactly 0.08% or just marginally above that number then it is possible to challenge the accuracy of the breathalyzer and have this evidence dismissed in such a way. If your BAC was two or three times over the legal limit there really is no argument you or your legal counselor can put up against that in most cases. You and your legal representative can go after the charges via probable cause. Apart from the result of the breathalyzer test, if you also happen to be facing concrete evidence such as multiple witness testimonies, arresting officer testimony, sobriety test results, toxicology test results, blood or urine test results and all of the evidence point to the fact that you were under the influence, then it may not be very easy to disprove your case. This would be a good time to plead guilty, suggest Charleston, SC DUI lawyers. The best step that anyone who is arrested and faces DUI charges can take is to appoint a South Carolina DUI lawyer the next day or perhaps later on that day. Your legal professional will make sure that no matter what the specifics of the case, you get the best possible outcome.