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DUI Laws

DUI LAWS – DRIVING UNDER THE INFLUENCE

§ 56-5-2930. Operating motor vehicle while under influence of alcohol or drugs

“(A) It is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired, under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired, or under the combined influence of alcohol and any other drug or drugs or substances which cause impairment to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired.”

Click here to review the penalties associated with a DUI conviction.

Remember just because you were arrested for a DUI, and even if you blew above the legal limit, does NOT mean you will be found guilty of a DUI.

Call Myrtle Beach Attorney Regina Ward today at 843-488-9273 for your FREE DUI EVALUATION.



DUAC LAW- DRIVING UNDER AN UNLAWFUL ALCOHOL CONCENTRATION

§ 56-5-2933. Driving with an unlawful alcohol concentration; penalties

“(A) It is unlawful for a person to drive a motor vehicle within this State while his alcohol concentration is eight one-hundredths of one percent or more. A person who violates the provisions of this section is guilty of the offense of driving with an unlawful alcohol concentration.”

Driving with an Unlawful Alcohol Concentration (DUAC) of .08% or more is a per se statute which “presumes” you are guilty of a DUI. However, in South Carolina the issue of impairment remains a triable issue. This charge carries the same penalties and fines as a DUI. Click here to view the penalties of a DUAC conviction.

Remember just because you were arrested for a DUAC, and even if you blew above the legal limit, does NOT mean you will be found guilty of a DUAC.

Call Myrtle Beach Attorney Regina Ward today at 843-488-9273 for your FREE DUI EVALUATION.



FELONY DRIVING UNDER THE INFLUENCE LAW

§ 56-5-2945. Offense of felony driving under the influence; penalties

“(A) A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a motor vehicle and when driving a motor vehicle does any act forbidden by law or neglects any duty imposed by law in the driving of the motor vehicle, which act or neglect proximately causes great bodily injury or death to a person other than himself, is guilty of the offense of felony driving under the influence and, upon conviction, must be punished:

  • by a mandatory fine of not less than five thousand one hundred dollars nor more than ten thousand one hundred dollars and mandatory imprisonment for not less than thirty days nor more than fifteen years when great bodily injury results;

  • by a mandatory fine of not less than ten thousand one hundred dollars nor more than twenty-five thousand one hundred dollars and mandatory imprisonment for not less than one year nor more than twenty-five years when death results.

A part of the mandatory sentences required to be imposed by this section must not be suspended, and probation must not be granted for any portion.”

Call Myrtle Beach Attorney Regina Ward today at 843-488-9273 for your FREE DUI EVALUATION.