Do you have pending DUI in Columbia, SC?

Are you facing a DUI charge in Columbia, South Carolina?  Driving under the influence (DUI) or while intoxicated (DWI) in South Carolina is considered a severe offense. South Carolina is serious about curbing this crime that they have two separate laws to prevent drivers from operating motor vehicles while impaired.

South Carolina also imposes strict penalties for DUI/DWI convictions that carry significant implications, fines, and possible jail time. Thus, having a well-experienced lawyer representing your interests against DUI/DWI charges is critical.

What is Considered Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) in the State of South Carolina?

Two separate laws are coded in the South Carolina Code of Laws that state when an individual can be charged with DUI/DWI. These rules state that a person can be charged with DUI/DWI if they fall into one or both categories:

• The person is “under the influence of alcohol to the extent that [your] faculties to drive a motor vehicle are materially and appreciably impaired.” Under this rule, a person can be charged with DUI/DWI regardless of their Blood Alcohol Content (BAC); or
• A person is operating a motor vehicle with a BAC of 0.08% or above.

What are the Penalties for DUI in Columbia, South Carolina?

South Carolina does not impose the same penalties for all DUI/DWI offenses. Instead, each violation is classified, and factors are considered when the court imposes the penalty.

Generally, first, second, and third DUI/DWI offenses are classified as misdemeanor charges, while fourth-time offenders are charged with felony DUI/DWI.

●    First-Time Offender for DUI in Columbia, SC

• 08-0.09% BAC: $400 fine or 2-30 days in jail
• 10-0.16% BAC: $500 fine or 3-30 days in jail
• 16+% BAC: $1,000 fine or 30-90 days in jail
• First-time offenders will have their driver’s licenses suspended for six months.
• In most cases, the court will substitute community service instead of imposing a fine or jail sentence.

●    Second-Time Offenders

• 08-0.09% BAC: $2,100-$5,100 fine or five days to one year in jail
• 10-0.16% BAC: $2,500-$5,500 fine or 30 days to two years in jail
• 16+% BAC: $3,500-$6,500 fine or 90 days to three years in jail
• Second-time offenders will have their driver’s licenses suspended for one year.
• An ignition interlock device (IID) will likely be required after the second DUI/DWI offense.

●    Third-Time Offenders

• 08-0.09% BAC: $3,800-$6,300 fine or 60 days to three years in jail
• 10-0.16% BAC: $5,000-$7,500 fine or 90 days to four years in jail
• 16+% BAC: $7,500-$10,000 fine or six months to five years in jail
• All third-time offenders will have their driver’s licenses suspended for two years.
• An ignition interlock device (IID) will likely be required after the second DUI/DWI offense.

●    Fourth-Time Offenders

• 08-0.09% BAC: 1-5 years of incarceration
• 10-0.16% BAC: 2-6 years of incarceration
• 16+% BAC: 3-7 years of incarceration
• Fourth-time repeat offenders will get their driver’s licenses permanently revoked.

If you have a pending DUI in Columbia, SC you should consult with an attorney to see what your options are.  At Burnside Law Firm, LLC, we offer FREE Consultations on all DUI cases.  Contact us today to see if we can help!

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