If you Have Been Charged with DUI, our Attorneys can Help.
A DUI charge is serious, and the penalties if convicted are severe. South Carolina DUI laws have gotten tough on drunk drivers, carrying stiff penalties even for a first-time violation.
If you have been cited for DUI, our Charleston DUI lawyers will fight to defend your DUI charge and work to get your license reinstated.
A few comments I hear regularly from drivers charged with DUI:
"I have been charged with DUI and there's not much I can do to fight it."
False. Our Charleston DUI Attorneys can help fight your DUI charge every step of the way.
"I took the breath test and blew over a 0.08, so I am automatically guilty of DUI."
False. The breath test is just one piece of evidence and can be attacked in several ways.
"I refused the breath test after I was arrested for DUI, so I cannot drive for six months."
False. Our Charleston DUI Lawyers can help appeal your license suspension and get you driving again.
When you call our office, you will speak directly with a Charleston DUI Attorney about your DUI arrest. We pride ourselves in giving all of our clients the prompt, personal service they deserve. After all, fighting your DUI charge is one of your top priorities and we will make it one of ours as well. Give us a call today to discuss your arrest with one of our DUI lawyers. Our DUI consultations are free of charge.
(843) 388-3661
- Your Case: You will speak directly with an DUI attorney about your arrest. Our consultation is free will be kept confidential.
- Your Rights: We will discuss your rights, what you face if convicted of your DUI, and what we can do for you to avoid a DUI conviction.
- The Evidence Against You: If you decide to retain our DUI lawyers to represent you, we will start to gather the evidence we need to fight your DUI charge right away.
- Your License: If your license was suspended, we will start the process of getting your license back before you leave the office. Remember, you have a limited amount of time to request a special license that allows you to drive pending the outcome of your DUI. Call us today so that we can work to get you driving again.
Remember, your consultation with our DUI lawyers is free of charge. If you have been charged with DUI in the Charleston, SC areas, call today and speak directly with the attorneys of Anderson & Schuster, LLC. Contact Us Now.
Authored by Attorney Austin Anderson
Frequent Questions About DUI
Our lawyers represent people charged with DUI in Charleston, Berkeley, and Dorchester Counties. As DUI Defense Lawyers we are asked many questions about arrests for driving under the influence and South Carolina DUI law. Here are the answers to those most frequently asked:
How serious is a DUI charge?
Some people fail to take a DUI charge seriously because it is given on a blue traffic ticket just like the one used for speeding, and a first offense DUI charge is tried in city or magistrate court. Don't make this mistake. A DUI conviction results in a large fine or jail time, drastically increaed insurance premiums for at least three years, a suspended license and court ordered alcohol classes. In addition, a DUI conviction is put on your criminal record and can never be expunged. This could effect your ability to seek emplyment long into the future. For more information please visit our DUI Conviction Penalties page.
Is it illegal to drink and drive in South Carolina?
No. In South Carolina you can legally drink alcohol and drive a car. However, it is illegal to drink alcohol to the point that your ability to drive is materially and appreciably impaired and then drive. Therefore, to be convicted of Driving Under the Influence (DUI), the State must prove beyond a reasonable doubt that, not only were you drinking and driving, but also that your ability to drive was both materially and appreciably impaired by alcohol consumption. Proof of drinking and driving alone is simply not enough for a DUI conviction.
If I am pulled over for DUI, do I have the right to remain silent?
Yes. You have the right to remain silent when being investigated for driving under the influence (DUI).
Do I have a right to refuse to perform field sobriety tests?
Can I refuse the breathalyzer test?
If I blow a 0.08 or more on the breath test am I automatically guilty of DUI?
Absolutely not. The breathalyzer test gives a blood alcohol content reading, and that reading is one of many pieces of evidence considered in your DUI case. Breathalyzer test results are not always accurate, and the test must be done using the proper procedures for the evidence to be used against you. We can fight to keep the breath test results from being used against you at your DUI trial. You should be aware that your breath test reading could affect your punishment if convicted of DUI. For more information on the penalties for DUI read our DUI Conviction Penalties page.
If I am stopped for DUI will I be recorded?
Most likely. South Carolia DUI laws require police officers to video and audio record your roadside DUI arrest and your time in the breathalyzer room. It is a safe assumption that you are being recorded through the entire arrest process. For more information on what happens during a typical DUI traffic stop and arrest, read our recent Blog post, "What happens when pulled over for DUI?"
My license was suspended during my DUI arrest. What can I do?
You have 30 days from the date of your DUI arrest to appeal your license suspension. Once your license is appealed we can work to get you a temporary alcohol license. Obtaining a temporary license can be a quick process and we encourage you to contact us today so that we can get you driving again. For more information please read our suspended drivers license page.
Should I hire a lawyer to fight my DUI charge?
The choice is up to you, but remeber that a DUI charge has serious and long lasting consequences if you are convicted. Evidence in DUI cases is complex and officers can make mistakes when investigating and prosecuting DUI charges. Our DUI Lawyers will closely examine all the evidence the State has against you.Contact our DUI attorneys today so that we can discuss your case. Our DUI consultations are free of charge.
DUI Attorneys in Charleston, SC
Our law firm represents people charged with criminal offenses, including driving under the influence, in the Charleston, Mt. Pleasant, North Charleston, Summerville, Goose Creek, Hanahan, Isle of Palms, Sullivans Island, Folly Beach, Daniel Island, Awendaw, McClellanville and Moncks Corner, SC areas. If you have been charged with a crime in Charleston, Berkeley, or Dorchester Counties, give our criminal defense lawyers a call today. Your call is confidential and free of charge.
South Carolina DUI Law
In South Carolina, it is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol, drugs, or a combination of alcohol and drugs to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired. Notice that it is not illegal simply to drink alcohol and operate a motor vehicle. To be found guilty of DUI you must be impaired by alcohol or drugs to the point that your abilities to drive are materially impaired.
When you are pulled over by a police officer and he suspects you have been driving under the influence, he must collect evidence to show that not only you have been drinking, but have consumed alcohol to the point that you are too impaired to drive. He does this by observing your conduct, including speech and balance, asking you to perform field sobriety tests, and asking you provide breath, blood, or urine samples to determine your blood alcohol content.
Many police officers in Charleston, Dorchester, and Berkeley Counties involved in DUI investigation have undergone extensive training on how to gather this evidence and how to present it at trial. However, no one is perfect, including police officers, and officers can make mistakes when collecting evidence and administering field sobriety and breath tests.
If you have been charged with DUI in Charleston, Mount Pleasant, North Charleston, Summerville, Goose Creek, Hanahan, James Island, West Ashley, Daniel Island, Folly Beach or the surrounding areas, give our DUI Lawyer a call to discuss your case free of charge. Contact Us Now
Charleston, SC DUI Defense Lawyers
Our law firm can help those charged with DUI in the Charleston, SC areas, including Charleston, Summerville, Mt. Pleasant, North Charleston, West Ashley, James Island, Goose Creek, Hanahan, Daniel Island, Folly Beach, Isle of Palms, Sullivan's Island and Moncks Corner. If you have been charged with a crime, give our Charleston, SC DUI attorneys a call to discuss your case.
DUI Conviction Penalties
First Offense
If you are convicted of a 1st offense DUI and the breath test result was 0.09 or less or you refused the test, a conviction will result in a sentence of 2 to 30 days in jail or a fine of about $1000. If the breath test result was 0.10 to 0.15, a conviction results in a jail sentence of 3 to 30 days or a fine of roughly $1200. If the breath test result was 0.16 or greater, a conviction results in a sentence of 30 to 90 days or a fine of over $2000.
A conviction for any 1st offense DUI results in a license suspension for a period of 6 months. Before being re-issued a drivers license you will have to enroll in the Alcohol and Drug Safety Action Program (ADSAP). The cost of ADSAP ranges from $500 to $2500. Additionally, SR-22 insurance must be purchased for a period of 3 years.
A DUI conviction will appear on your criminal record and can never be expunged, destroyed, or otherwise removed.
Second Offense
A charge of DUI 2nd offense must be defended in the Court of General Sessions. A conviction of a 2nd offense DUI results in a jail sentence of 5 days to 1 year and a fine of roughly $2100 to $5100 if you refused the breath test or the result was 0.09 or less; a sentence of 30 days to 2 years and a fine of $2500 to $5500 if the breath test result was 0.10 to 0.15; or a sentence of 90 days to 3 years and a fine of $3500 to $6500 if your reported blood alcohol concentration was 0.16 or higher.
A conviction for any 2st offense DUI results in a license suspension for a period of 1 year. Before being re-issued a drivers license you will have to enroll in the Alcohol and Drug Safety Action Program (ADSAP). The cost of ADSAP ranges from $500 to $2500. Additionally, SR-22 insurance must be purchased for a period of 3 years.
Third Offense
A charge of DUI 3rd offense must be defended in the Court of General Sessions. A conviction of a 3rd offense DUI results in a jail sentence of 60 days to 3 years and a fine of $3800 to $6300 if you refused the breath test or the result was 0.09 or less; a sentence of 90 days to 4 years and a fine of $5000 to $7500 if the breath test result was 0.10 to 0.15; or a sentence of 6 months to 5 years and a fine of $7500 to $10,000 if your reported blood alcohol concentration was 0.16 or higher.
A conviction for any 3rd offense DUI results in a license suspension for a period of 2 years. Before being re-issued a drivers license you will have to enroll in the Alcohol and Drug Safety Action Program (ADSAP). The cost of ADSAP ranges from $500 to $2500. Additionally, SR-22 insurance must be purchased for a period of 3 years.
As you can see, the penalties for even a first offense DUI are stiff and any DUI charge should not be taken lightly. Our Charleston DUI attorneys would be happy to discuss your case with you, and our DUI consultations are free of charge. If you have been charged with DUI in the Charleston, Mount Pleasant, Goose Creek, North Charleston, Moncks Corner or Summerville, SC areas, Contact Us Now.
DUI Attorneys Serving Charleston, SC
Our law firm represents those charged with DUI in the Charleston, SC areas, including Charleston, Summerville, Mt. Pleasant, North Charleston, Goose Creek, Hanahan, James Island, West Ashley, Daniel Island, Folly Beach, Isle of Palms, Sullivan's Island, Awendaw and Moncks Corner. If you have been charged with DUI, give our Charleston, SC DUI lawyers a call to discuss your case.
DUI License Suspension
In SC, all drivers have given their implied consent to be tested for alcohol or drugs upon request by a police officer if arrest for DUI. This does NOT mean you must submit to the test. You may refuse to take a breath test, and such refusal is not considered disobeying a police command.
If you refuse to take a breath test, your license will be immediately suspended for at least six months. If you take the test and register a BAC of 0.15 or more, your license will be immediately suspended for at least one month. Additionally, you must enroll in the Alcohol and Drug Safety Action Program (ADSAP) before your license is reinstated.
However, each driver is entitled to appeal their suspension and request an administrative hearing. You can then get a temporary alcohol license that will allow you to drive pending your appeal. You only have 30 days from the date of your suspension to appeal. Our DUI lawyers can help with the appeal process. Contact Us Now
DUI Attorneys Serving the Charleston, SC Area
Our firm represents people charged with driving under the infuence (DUI) in the Charleston, SC area, including Charleston, Summerville, Mount Pleasant, N. Charleston, Goose Creek, Hanahan, Daniel Island, Folly Beach, Isle of Palms, Sullivans Island, Awendaw and Moncks Corner. If you have been charged with DUI, give our Charleston, SC DUI lawyers a call to discuss your DUI case.
Underage Drinking and Driving
Drivers under age 21 caught drinking and driving face a zero tolerance policy for DUI in South Carolina. Drivers under age 21 that register a Blood Alcohol Content (BAC) of 0.02 to 0.08 will have their license suspended for at least 3 months. If you refuse the test, your license will be suspended for six months. Additionally, you must enroll in South Carolina's Alcohol and Drug Safety Action Program (ADSAP) before your license can be reinstated. If you are under 21 and your BAC is 0.08 or higher, you can be cahrged with DUI laws like all other drivers.
If your license was suspended due to underage drinking and driving you are entitled to an administrative hearing to appeal the suspension. Our Charleston DUI lawyers can help get you a temporary alcohol license that will allow you to drive pending the appeal. You only have 30 days from the date of your license suspension to appeal. Call our Charleston DUI Lawyers today to discuss your case.
Consequences of an Underage Drinking Conviction
A college student who has pled guilty or been convicted of two alcohol or drug-related offenses will not be eligible for a LIFE scholarship after one academic year from the date of the second guilty plea or conviction. An underage driver between the ages of 18 and 21 charged with drinking and driving may also be charged with child endangerment if they are carrying a passenger younger than 16.
Remember, a DUI charge remains on your record forever. A conviction for DUI at such a young age can close the door to many future career opportunities. Please give us a call so that we can discuss your DUI case. You will speak directly with a Charleston DUI Attorney regarding your case free of charge. Contact Us Now
Charleston, SC DUI Lawyers
Our law firm represents people charged with crimes, including DUI, in the Charleston area, including Charleston, Summerville, Mt. Pleasant, North Charleston, West Ashley, James Island, Goose Creek, Hanahan, Daniel Island, Folly Beach, Isle of Palms, Sullivan's Island and Moncks Corner. If you have been charged with DUI, give our Charleston DUI lawyers a call to discuss your case.
DUI and Your CDL
A CDL carries with it certain additional penalties if you are convicted of a DUI. First, you must notify your employer within 30 days of any traffic ticket conviction, regardless of whether you were driving a commercial or non-commercial vehicle.
If convicted of DUI first offense you will lose your CDL for one year. If convicted of a DUI first offense while carrying hazardous materials your CDL must be suspended for three years. A DUI second offense conviction results in a loss of CDL privileges for life. If you are charged with DUI and have a CDL, give our DUI Attorneys a call today. Your consultation is free of charge, and our conversation will be kept confidential. Contact Us Now
Charleston, SC DUI Attorneys
Our law firm represents those charged with DUI in the Charleston, SC areas, including Charleston, Summerville, Mt. Pleasant, North Charleston, Goose Creek, Hanahan, Daniel Island, Folly Beach, Awendaw, McClellanville and Moncks Corner. If you have been charged with DUI, give our Charleston, SC DUI lawyers a call to discuss your case.