In South Carolina, Driving Under the Influence (DUI) is punishable by fine, imprisonment, or community service. If you have been charged with a DUI, consider hiring an experienced defense attorney to discuss the penalties you are facing.
The Anderson DUI lawyers at Ellis Hinton, LLC are prepared to represent you in state or local cases. “Based in Greenville, servicing SC and beyond,” is not only the Ellis Hinton motto, but a guarantee.
According to the South Carolina Code of Laws, it is unlawful to operate a motor vehicle while under the influence of alcohol, drugs, or other substances. A DUI charge is proper when the presence of alcohol, drugs, or other substances causes a driver’s faculties to be materially and appreciably impaired.
To convict a person of DUI, the State must prove the following:
The role of an Anderson DUI attorney is to disprove the prosecution’s evidence and arguments related to these elements. A lawyer must only disprove one element for a “not guilty” verdict.
The range of punishments for driving under the influence directly correlates to how many DUI offenses the driver has and their Blood Alcohol Concentration (BAC). It is incredibly advantageous, if not essential, to hire a knowledgeable DUI lawyer in Anderson to ensure that any sentencing or punishment does not exceed what the law allows.
A person’s first DUI offense carries the most lenient punishment. Additional offenses require a fine and imprisonment as punishment. For a person’s first DUI charge, however, you may be charged a $400 fine, be ordered to complete 48 hours of community service, or be imprisoned for up to 30 days.
The punishment becomes harsher if the driver has a .10-.16 BAC. In those circumstances, you may be charged a $500 fine, ordered to complete 72 hours of community service, or imprisoned for anywhere from 72 hours to 30 days.
A person’s second DUI offense is punishable with a fine ranging from $2,100-$5,100 and imprisonment ranging from five days to one year. If the driver has a .10-.16 BAC, then this second offense is punishable with a fine ranging from $2,500 to $5,500 and imprisonment ranging from 30 days to two years. If the driver’s BAC exceeds .16, this second offense is punishable with a fine ranging from $3,500 to $6,500 and imprisonment ranging from 90 days to three years.
A person’s third DUI offense is punishable with a fine ranging from $3,800 to $6,300 and imprisonment ranging from 60 days to three years. If the driver has a .10-.16 BAC, then this third offense is punishable with a fine ranging from $5,000 to $7,500 and imprisonment ranging from 90 days to four years. If the driver’s BAC is greater than .16, then this third offense is punishable with a fine ranging from $7,500 to $10,000 and imprisonment ranging from six months to five years.
A fourth or subsequent DUI offense is not punishable with fines. The minimum penalty for these offenses is imprisonment, which ranges from one to five years. If the driver has a .10-.16 BAC, these offenses are punishable with imprisonment ranging from two to six years. If the driver’s BAC is higher than .16, then these offenses are punishable with imprisonment ranging from three to seven years.
Defending against a DUI charge is challenging without a thorough understanding of the law and specific defense strategies. If you have been charged with DUI, get in touch with our credible defense team today. Speak to our Anderson DUI lawyers today to learn how we can tenaciously and transparently represent you.
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