DUI charges can lead to harsh penalties even when it is your first offense. However, the penalties are more severe for repeat offenses or if the DUI leads to injuries or death.
A knowledgeable Greenville DUI lawyer could help protect your legal rights and fight for you in court. If you were arrested for DUI charges, you should contact us immediately. Our seasoned defense attorneys are based in Greenville and serve South Carolina and beyond.
According to South Carolina Code Annotated § 56-5-2930, it is illegal for drivers to operate a vehicle while alcohol, drugs, or a combination impair their mental faculties. The legal limit to presume intoxication is a BAC level of 0.08 percent, per S.C. Code Ann. § 56-5-2933.
The limit is lower for commercial drivers, presumed intoxicated, with a BAC of 0.04 percent or higher. Drivers can still get charged with a DUI if their BAC is from 0.05 percent up to 0.08 percent if they show other signs of impairment.
DUI cases are classified as misdemeanors or felonies. The severity of the charges and penalties depends on factors like the driver’s BAC level and whether it is a repeat offense.
An initial DUI offense is typically a misdemeanor, with penalties that can include the following:
However, a fourth offense is a felony, resulting in one to five years imprisonment and a permanent driver’s license revocation. A Greenville DUI attorney could help clients understand the maximum penalties based on their specific case.
All drivers operating a vehicle in the state automatically give their implied consent for law enforcement officials to chemically test for alcohol or drugs if they are arrested for a suspected DUI, according to S.C. Code Ann. § 56-5-2950.
Refusing or failing to cooperate with chemical testing can result in harsher penalties, including an automatic driver’s license suspension for up to six months, under S.C. Code Ann. § 56-5-2951.
However, drivers whose licenses have been suspended due to failing to submit to chemical testing can request an implied consent hearing to temporarily regain their driving privileges.
A knowledgeable DUI lawyer could advise Greenville clients on the consequences of failing to submit to chemical testing. The prosecution may seek stiffer charges or penalties as a result of the failure to cooperate.
When DUI cases involve fatalities, the driver can face more severe consequences. It is essential to consult with a Greenville DUI attorney as soon as possible after an accident.
According to S.C. Code Ann. § 56-5-2910, drivers can face felony reckless vehicular homicide charges if they kill someone while operating a motor vehicle with reckless disregard for the other’s safety. If convicted of reckless vehicular homicide, a defendant can face a maximum of ten years imprisonment, an up to $1,000 fine, and a license revocation.
A driver can also face felony DUI charges if they cause significant bodily injury or death while operating a motor vehicle under the influence of alcohol or drugs, per S.C. Code Ann. § 56-5-2945. Felony DUI convictions can carry a 15-year prison term and significant fines, making the assistance of a defense lawyer crucial.
DUI convictions can result in a permanent blemish on your record, impacting your liberties. If you are facing these charges, you should contact a Greenville DUI lawyer.
Our experienced attorneys have experience as federal and state prosecutors. This prior experience allows us to understand how things may play out in court. We offer a personalized approach for each client and pride ourselves on honest evaluations. Call now for more information.
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