DUI Attorney Tips in South Carolina: Legal Strategies, Claims, and Compensation After a Car Accident

Understanding DUI Charges in South Carolina

🚗 Driving Under the Influence (DUI) in South Carolina carries severe consequences, impacting your driving privileges, finances, and future opportunities. It's crucial to understand the charges, potential penalties, and your legal rights if you're arrested for DUI.

What Constitutes a DUI in South Carolina?

⚖️ In South Carolina, a DUI charge applies if you operate a motor vehicle while "materially and appreciably impaired" by alcohol or drugs. This includes both legal and illegal substances. The legal blood alcohol concentration (BAC) limit is 0.08% for drivers 21 years or older. For drivers under 21, the limit is 0.02%.

• 👉 "Materially and appreciably impaired" means your ability to drive safely is noticeably affected.
• 👉 BAC is measured through breathalyzer, blood test, or urine test.
• 👉 Refusal to submit to testing can result in immediate driver's license suspension.

Penalties for DUI in South Carolina

💰 DUI penalties in South Carolina increase with each subsequent offense and the level of BAC. Here’s a breakdown:

First Offense

• 👉 BAC of 0.08% to 0.15%: Fine of $400 to $1,000, imprisonment for 48 hours to 30 days, and suspension of driver’s license for six months.
• 👉 BAC of 0.16% or higher: Fine of $1,000 to $2,100, imprisonment for 72 hours to 30 days, and suspension of driver’s license for six months.

Second Offense (Within 10 Years)

• 👉 Fine of $2,100 to $5,100, imprisonment for 30 days to one year, and suspension of driver’s license for one year.

Third Offense (Within 10 Years)

• 👉 Fine of $3,800 to $7,500, imprisonment for 90 days to three years, and suspension of driver’s license for two years.

Fourth or Subsequent Offense

• 👉 Considered a felony, carrying significant prison time and fines.

Note: Penalties can also include mandatory Alcohol and Drug Safety Action Program (ADSAP) enrollment, ignition interlock device installation, and increased insurance rates.

Legal Strategies for Defending Against DUI Charges

🛡️ A skilled South Carolina DUI attorney can employ various strategies to defend against DUI charges. These strategies often depend on the specific circumstances of your case.

Challenging the Initial Stop

🛑 The police must have a valid reason to stop you. If the stop was illegal, any evidence obtained as a result of the stop may be inadmissible. Possible challenges include:

• 👉 Lack of reasonable suspicion for the initial traffic stop.
• 👉 Improper use of roadblocks or checkpoints.
• 👉 Racial profiling.

Questioning the Field Sobriety Tests (FSTs)

🧪 FSTs (e.g., Walk-and-Turn, One-Leg Stand, Horizontal Gaze Nystagmus) are often used to assess impairment. However, these tests are subjective and can be influenced by factors unrelated to intoxication, such as:

• 👉 Medical conditions.
• 👉 Poor instructions from the officer.
• 👉 Environmental factors (e.g., uneven ground).

Attacking the Breathalyzer or Blood Test Results

🌡️ The accuracy of breathalyzer and blood tests can be challenged. A DUI attorney can investigate:

• 👉 Proper calibration and maintenance of the breathalyzer machine.
• 👉 The qualifications and training of the person administering the test.
• 👉 Potential contamination or errors in the blood sample collection or analysis.
• 👉 Chain of custody issues with the blood sample.

Challenging the Miranda Rights

🗣️ If you were not properly advised of your Miranda rights (right to remain silent, right to an attorney) before being interrogated, any statements you made to the police may be suppressed.

Exploring Medical Defenses

🚑 Certain medical conditions can mimic the symptoms of intoxication. A DUI attorney can explore whether a medical condition contributed to your impairment.

DUI and Car Accidents: Seeking Compensation

💥 If you've been injured in a car accident caused by a drunk driver in South Carolina, you have the right to seek compensation for your damages.

Damages You Can Recover

• 👉 Medical Expenses: This includes past and future medical bills, rehabilitation costs, and medication expenses.
• 👉 Lost Wages: You can recover lost income if you've been unable to work due to your injuries.
• 👉 Property Damage: Compensation for damage to your vehicle or other property.
• 👉 Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish.
• 👉 Punitive Damages: In cases of gross negligence or recklessness (like drunk driving), you may be able to recover punitive damages, which are designed to punish the wrongdoer and deter similar conduct in the future.

Filing a Claim

📑 You can file a claim against the at-fault driver's insurance company. It's highly recommended to consult with a South Carolina personal injury attorney to navigate the claims process and protect your rights.

Comparative Negligence

⚖️ South Carolina follows a modified comparative negligence rule. This means you can recover damages even if you were partially at fault for the accident, as long as your fault is not greater than the other driver's. However, your compensation will be reduced by your percentage of fault.

Dram Shop Laws

🍻 South Carolina has "dram shop" laws, which may allow you to hold a bar, restaurant, or other establishment liable if they served alcohol to a visibly intoxicated person who then caused your injuries. This is a complex area of law, and it's essential to seek legal advice if you believe a dram shop law applies to your case.

Practical Advice for Dealing with a DUI Charge

📌 If you're facing a DUI charge in South Carolina, here's some practical advice:

• 👉 Remain Silent: Exercise your right to remain silent and politely decline to answer questions without an attorney present.
• 👉 Contact an Attorney Immediately: A DUI attorney can advise you of your rights, investigate your case, and represent you in court.
• 👉 Gather Information: If possible, document the events leading to your arrest. Note the date, time, location, and details of your interaction with law enforcement.
• 👉 Comply with Court Orders: Attend all court hearings and comply with any orders issued by the court, such as ADSAP enrollment or ignition interlock device installation.
• 👉 Understand Your License Suspension: Learn about the terms of your driver's license suspension and any steps you need to take to reinstate it.

Finding the Right DUI Attorney in South Carolina

🔍 Choosing the right DUI attorney is crucial for a successful defense. Here are some factors to consider:

• 👉 Experience: Look for an attorney with extensive experience handling DUI cases in South Carolina.
• 👉 Reputation: Check online reviews and ask for referrals from friends or family.
• 👉 Communication: Choose an attorney who communicates clearly and keeps you informed about the progress of your case.
• 👉 Strategy: Discuss the attorney's proposed defense strategy and make sure you understand it.
• 👉 Cost: Get a clear understanding of the attorney's fees and payment options.

Navigating the ADSAP Program

🧑‍🏫 The Alcohol and Drug Safety Action Program (ADSAP) is a mandatory program for individuals convicted of DUI in South Carolina. It involves:

• 👉 Assessment to determine the extent of your alcohol or drug use.
• 👉 Education classes to provide information about the dangers of substance abuse.
• 👉 Counseling or treatment, if deemed necessary.

Completing ADSAP is often a condition for reinstating your driver's license. Failure to complete ADSAP can result in further penalties.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.