DUI / DWI Defense

Overview

What to Expect in South Carolina If You’re Stopped for DUI

Getting pulled over for suspected driving under the influence (DUI) in South Carolina is a serious and stressful situation. South Carolina enforces strict DUI laws with significant consequences, even for a first offense. Knowing the process can help you stay calm and protect your rights.
The Traffic Stop and Initial Investigation
Law enforcement needs reasonable suspicion of a traffic violation or impaired driving (e.g., weaving, speeding, or a broken taillight) to pull you over. Once stopped, the officer may:
  • Ask questions about where you’ve been or if you’ve had anything to drink.
  • Observe signs of impairment like slurred speech, odor of alcohol, or bloodshot eyes.
  • Request you to perform field sobriety tests (FSTs), such as the walk-and-turn, one-leg
    stand, or horizontal gaze nystagmus (eye tracking).
Officers often use a preliminary roadside breath test (handheld device), but results from these are typically not admissible in court—they mainly help establish probable cause for arrest.
Important: In South Carolina, you can legally refuse field sobriety tests without automatic penalties. Refusal may lead the officer to arrest you based on other observations, but it doesn’t carry the same direct consequences as refusing a chemical test.
Arrest and Chemical Testing
If the officer has probable cause, you’ll be arrested and taken to a testing site (often a police station or mobile unit). South Carolina requires video recording of the stop and breath test procedure under S.C. Code §56-5-2953.
South Carolina’s implied consent law is critical: By driving on SC roads, you consent to chemical testing (primarily breath, sometimes blood or urine) if arrested for DUI.
  • You will be informed of your rights and the consequences of refusal (verbally and in writing).
  • The official breath test (usually on a Datamaster machine) must follow strict procedures, including timing (within two hours of arrest) and operator certification.
  • Refusing the chemical test triggers an administrative license suspension by the DMV typically 6 months for a first refusal separate from any criminal DUI penalties. Higher or repeat refusals lead to longer suspensions (e.g., 9 months or 1 year).
You can appeal the administrative suspension, often within 30 days, and may qualify for a temporary license during the appeal
What Happens After Arrest
1
You’ll be booked, fingerprinted, and held until bond is posted (often possible the same day or next).
2
Your driver’s license will usually be confiscated, and you’ll receive a temporary paper license or notice of suspension.
3
You’ll get a court date. DUI cases are heard in Magistrate or General Sessions court depending on severity.
Pro Tip: Contact Roach Law Firm immediately. An experienced lawyer can review the video,challenge the stop, test procedures, or probable cause, which may lead to dismissal or reduced charges.
Penalties If Convicted
Penalties escalate based on prior offenses (looking back typically 10 years) and your blood alcohol concentration (BAC). First offenses are misdemeanors; repeat offenses become much more severe. Fines listed below are base amounts assessments and surcharges can significantly increase the total.
First Offense (possible):
  • BAC < 0.10%: ~$400 fine + 48 hours to 30 days jail (or community service) + 6-month license suspension.
  • BAC 0.10–0.15%: Higher minimums (~$500, 72 hours+).
  • BAC 0.16%+: Up to $1,000 fine and 30–90 days jail.
Additional requirements often include:
  • Completing the Alcohol and Drug Safety Action Program (ADSAP).
  • Ignition Interlock Device (IID) installation on your vehicle.
  • SR-22 insurance filing.
Second Offense:
  • Fines $2,100–$5,100+, 5 days to 1 year jail, 1-year suspension.
Third Offense:
  • Fines $3,800–$6,300+, 60 days to 3 years, 2+ years suspension (vehicle forfeiture possible in some cases).
Fourth Offense:
  • Felony-level penalties, up to 5+ years prison, permanent revocation.
Convictions also add points to your record, increase insurance rates dramatically, and can affect employment or professional licenses.
Other Consequences
  • DUAC (Driving with Unlawful Alcohol Concentration): Similar penalties even without visible impairment if BAC is 0.08%+.
  • Injuries or fatalities greatly increase charges (felony DUI with great bodily injury or homicide by vehicle).
  • Commercial drivers face stricter limits (0.04% BAC) and CDL disqualification.
Final Advice: Protect Yourself
The best way to avoid all this is to never drink and drive—use a designated driver, rideshare, or taxi. If you are stopped:
  • Be polite but know your rights (you can remain silent beyond basic identification).
  • Consider consulting with Roach Law Firm before deciding on tests in future situations.
  • If arrested, document everything you remember and call Roach Law Firm right away.
Common Questions

DUI Defense FAQ

Quick answers to questions we hear most but every case is unique. Contact us for an assessment specific to your situation.
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