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DUI Penalties

DUI FIRST OFFENSE - DRIVING UNDER THE INFLUENCE FIRST OFFENSE

The penalties and fines for a DUI regardless of the number of offenses will depend upon whether you took a blood alcohol test and what was the result of the alcohol levels in your blood. Basically, the higher the blood alcohol content levels the greater the penalties and fines will be.

DUI FIRST OFFENSE
Blood Alcohol Content (BAC) County Jail Sentence Fines License Suspension ADSAP and SR-22 Insurance Required
.08% to .10% Minimum of 48 hours

Maximum of 30 days

Judge has discretion to allow 48 hours of community service

Up to $400 plus court costs 6 month suspension

Reinstatement fee of $100

Eligible for provisional license

ADSAP: Required

SR-22: Required for 3 years

.10% to .16% Minimum of 72 hours

Maximum of 30 days

Judge has discretion to allow 72 hours of community service

Up to $500 plus court costs 6 month suspension

Reinstatement fee of $100

Eligible for provisional license

ADSAP: Required

SR-22: Required for 3 years

.16% and greater Minimum 30 days

Maximum 90 days

Judge has discretion to allow 30 days of community service

Up to $1,000 plus court costs 6 month suspension

Reinstatement fee of $100

Eligible for provisional license

ADSAP: Required

SR-22: Required for 3 years

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.



DUI SECOND OFFENSE - DRIVING UNDER THE INFLUENCE SECOND OFFENSE

The penalties and fines for a DUI regardless of the number of offenses will depend upon whether you took a blood alcohol test and what was the result of the alcohol levels in your blood. Basically, the higher the blood alcohol content levels the greater the penalties and fines will be.

DUI SECOND OFFENSE
Class C Misdemeanor
Blood Alcohol Content (BAC) County Jail Sentence Fines License Suspension ADSAP and SR-22 Insurance Required
.08% to .10% Minimum of 5 days jail but may be suspended to not less than 30 days of community service

Maximum of one (1) year in prison

Minimum fine of $2,100 plus court costs

Maximum fine of $5,100 plus court costs

12 months suspension

Not eligible for a provisional license

Ignition Interlock device required (about $1,200 per year)

ADSAP: Required

SR-22: Required for 3 years

.10% to .16% Minimum of 30 days jail

Maximum of two (2) years in prison

Minimum fine of $2,500 plus court costs

Maximum fine of $5,500 plus court costs

12 months suspension

Not eligible for a provisional license

Ignition Interlock device required (about $1,200 per year)

ADSAP: Required

SR-22: Required for 3 years

.16% and greater Minimum of 90 days county jail

Maximum of three (3) years in prison

Minimum fine of $3,500 plus court costs

Maximum fine of $6,500 plus court costs

12 months suspension

Not eligible for a provisional license

Ignition Interlock device required (about $1,200 per year)

ADSAP: Required

SR-22: Required for 3 years

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 -DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION

Driving with an Unlawful Alcohol Concentration (DUAC) of .08% or more is a per se statue 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. To check the penalties see the DUI section above.

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.



FELONY DUI - FELONY DRIVING UNDER THE INFLUENCE

Fourth and subsequent DUI offenses are considered Class F Felonies and carry not less than one (1) year nor more than five (5) years imprisonment.

If convicted of a Felony DUI resulting in bodily injury you will face a mandatory sentence of not less than 30 days nor more than 15 years in prison and a mandatory fine of not less than $5,100 nor more than $10,100. If convicted of Felony DUI resulting in death you will face a mandatory sentence of not less than one year nor more than 25 years in prison and a mandatory fine of not less than $10,100 nor more than $25,100. These sentences cannot be suspended and probation cannot be granted. Further your driver’s license will be suspended for the period of incarceration plus an additional 3-5 years.

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