Under the South Carolina DUI laws, it is unlawful to drive or operate a vehicle if you are under the influence of any intoxicants, such as alcohol or drug, which makes you incapable to drive safely. Such a case can end you up being ticketed for a DUI. However, the arresting officer should have to prove, beyond reasonable doubt, that a person’s mental faculties are significantly impaired due to the ingestion of alcohol that impairs him from operating his motor vehicle safely on the roads.
The state of South Carolina also addresses the blood alcohol content (BAC) level. Those results yielding .08% or higher will have to face steeper penalties than those with lower BAC levels.
DUI Arrests in South Carolina
When you are arrested for DUI, you are asked to submit to a BAC test. However, no one can force you to do it, but the refusal would be tantamount to facing a stricter penalty for your violation. With DUI as a criminal offense, you will surely be facing the criminal courts on your arrest. But having a qualified lawyer will help you defend yourself in a better position and prove that there is doubt in your guilt.
With the need to prove the offender of DUI beyond reasonable doubt, South Carolina requires that videotaping be done for these arrests and breath testing must be done within three hours of the arrest. The taping must begin when the officer activates the blue lights on his patrol car, and must end after the person is arrested for the offense. This ensures that the officers at the scene are correctly relaying to the court what really happened at the time of the arrest. In the event that videotaping will not be made available because there is no physical way for the officer to do so, the arresting officer is required to submit a sworn affidavit to certify the arrest.
Basic Consequences for First Time Offenders
In addition to going to jail and paying heavy fines as part of the DUI conviction, first time offenders of DUI in the state of South Carolina will end up facing the following penalties:
Stringent penalties are imposed on recurring offenders.
License Suspension for South Carolina DUI
The DUI arrest can get your driving rights in trouble. If your BAC is at .08% or higher, your license will be suspended even if trial has not yet started. But if your BAC has shown to be below the level, your license suspension will only take effect after your conviction. License suspension times for first time offenders are as follows:
Nevertheless, the state has available remedy for those students or employees who reside more than one mile from home and cannot take a public transport to attend to it, in which case a restricted license can be applied for.
Insurance Consequences
Getting your license back after the DUI suspension will now be a difficult move for you. Having an insurance policy to cover you will now become a problem since it would entail more risk from the company if they still admit you after your DUI conviction in South Carolina. If you still get lucky to win a coverage with your company, you can expect a significant increase on your insurance premium. This is to mitigate the risk on insuring you despite your history of DUI conviction.