New Dui Law
South Carolina Dui Laws Include Videotape
Since South Carolina has one of the country’s highest death rates due to drunk driving (the latest statistics show that 46% of all traffic fatalities were alcohol related), the state legislature is working hard to address the problem. Some of the proposed new legislation includes mandating a one-year driver’s license suspension for people who refuse a breath test, a system of rising dui penalties to correspond with higher blood alcohol concentration (BAC) levels, a once-monthly publication of the names of dui offenders who had their driver’s licenses suspended, as well as others. If you live in this picturesque state, or plan on visiting soon, you’ll want to educate yourself on the ins and outs of South Carolina DUI law.
Did you know that South Carolina has mandatory dui video? It’s the first state in the country to mandate that the arresting officer videotape all dui arrests, the administration of breath tests, and processing at the police station. If you have ever thought some DUI mug shots weren’t very flattering, these dui pictures may also prove to be less than attractive. However, this is the kind of evidence that a drunk driving attorney can view that could prove to be invaluable to the outcome of your case.
A .08 BAC level is the national standard at which someone is deemed to be drunk. However, you can be convicted of DUI in South Carolina if your BAC is at least .05 but less than .08, and there is evidence that you’ve been driving unsafely. You may be considered to be under the influence because of circumstantial evidence of bloodshot or watery eyes, slurred speech, and/or poor coordination.
Because of fees, statutory assessments and surcharges, a first South Carolina DUI carries total fines of $1,000. In addition, a jail sentence of from 2 to 30 days is possible (or 48 hours of community service). Your driver’s license will be suspended for 6 months, and the court may require that you install an ignition interlock device (IID). Finally, you will undergo a mandatory alcohol assessment, and may be required to attend a 1-year Alcohol Department and Drug Safety Action Program (ADSAP); the fee is $2,000.
A second conviction within 10 years of the first conviction will bring even harsher dui penalties. You will be fined a minimum of $1,100 and a maximum of $5,100, be sentenced from 5 days to 1 year in jail (or 30 days of community service), have your license suspended from 30 days to 1 year, and your vehicle will be immobilized for 30 days. The court may mandate that an IID be installed in your vehicle, at your expense, after the immobilization. After undergoing a mandatory alcohol assessment, you will be required to attend the 1-year ADSAP at a cost of $2,000. Finally, you may be required to forfeit your vehicle. With these kinds of penalties, hiring the best dui attorney may prove to be less expensive!
New DUI law taking effect
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Traffic related decisions: Summaries of decisions in the official reports published since the effective date of the new DUI law, January 1986-June 1991 … |
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