« DUI Penalties in South Carolina
The laws, which require the suspected DUI drivers to concede to breath, blood, or urine test for blood alcohol level, are called “implied consent laws”. Refusing to that law can cost you penalties like mandatory suspension of driving license for up to a year.
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Blood Alcohol Concentration (BAC)
If any driver in South Carolina will be having the blood alcohol concentration (BAC) above 0.08 percent then he will be considered “per se intoxicated” under the law. To be convicted for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) that’s all, which is needed according to this law.
Zero Tolerance Blood Alcohol Concentration
In all states “zero tolerance laws” main focal point is on drivers not of legal drinking age. Any driver under the age of 21 years operating motor vehicle with 0.02 percent blood alcohol level or above will be subject to DUI penalties in South Carolina.
Enhanced Penalty Blood Alcohol Concentration
Some states are having severe punishment for those DUI offenders that are having high blood alcohol level at the time of arrest; usually this is 0.15 to 0.20 percent above the legal limit. Enhanced penalty laws are not valid in South Carolina.
Administrative License Suspension/Revocation Penalties
These minimum mandatory penalties are imposed on drivers that are having blood alcohol level above than 0.08 percent in South Carolina or drivers are subject to implied consent laws if they refuse to submit to breath, blood, or urine test for blood alcohol level.
These penalties include mandatory suspension or revocation (permanently or temporarily) by the Department of Motor Vehicles (DMV). For first DUI offense in South Carolina the mandatory suspension is for 90 days; for second offense its up to one year; and for third offense its for three years.
Vehicle Confiscation
Vehicle confiscation penalty permanently or temporarily for DUI offenders is a chance in some states, mostly for repeat offenders. While in South Carolina this penalty for DUI is not applicable.
Ignition Interlock
Ignition interlock is a device, which is attached with the vehicle of DUI, convicted person so that he/she performs a breath test before starting the vehicle. This penalty for DUI can be possible in some states while in South Carolina this is not an option.
Mandatory Alcohol Education and Assessment/Treatment
Alcohol teaching and prevention, alcohol abuse treatment, and judgment of a person for possible drug or alcohol dependency can be required in South Carolina. Such steps are often recommended instead of sever punishments like incarceration or heavy fines.
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Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here
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