DUI and DUAC Attorneys in Greenville, South Carolina
In every state, including South Carolina, it is illegal to drive while you are impaired or with a blood alcohol content of .08 or higher, which results annually across the country in more than one million DUI arrests or related charges.
At the David W. Martin Law Group, our DUI and DUAC attorneys in Greenville know that our state carries its fair share of that total, as nearly 15,500 DUI-related arrests were made last year alone throughout our state.
What’s more, the National Highway Traffic Safety Administration lists that nearly 33% of driving adults will be involved in a DUI crash during their lifetimes, and if you were the one who was drinking before getting behind the wheel, the consequences of an arrest — with or without an accident occurring — may have disastrous consequences on your personal and professional life.
Our Greenville DUI and DUAC lawyers design legal solutions for all driving while impaired or intoxicated clients, whether it is their first arrest or charge or if they have previously been convicted on a similar charge.
We can help you pursue the best outcome for your DUI or DUAC charge, too, starting with a free consultation today.
What is the Difference Between a DUI and DUAC Charge in Greenville, SC?
South Carolina is unique in that it has two different alcohol-impaired driving charges, which include driving under the influence (DUI) and driving with an unlawful alcohol concentration (DUAC).
The main difference between the two charges is that a DUAC charge requires proof that the driver was operating a vehicle with a BAC of .08% or higher, while a DUI charge requires proof that the driver was materially and appreciably impaired by drugs, alcohol, or both.
What is the Difference Between DUI and DUAC Penalties in Greenville, SC?
The other unique part of our South Carolina DUI and DUAC laws is that while they are legally identified by two different statutes, if charged then the penalties for both are nearly identical, including the impact on your driving privileges, potential fines, and jail time.
Neither charge is eligible for expungement from your criminal record, and both require the completion of an alcohol and drug safety action program, and that the driver carries SR-22 insurance for three years.
Will I Lose My License After a DUI or DUAC Arrest in Greenville County, South Carolina?
At the David W. Martin Law Group, our Greenville County DUI and DUAC lawyers will review the circumstances of your arrest and the charges the solicitor’s office has filed against you to customize your defense if we are unable to have the charges reduced or dismissed outright.
We will explain the legal consequences of a DUI or DUAC charge, which may include fines and education classes, probation and community service, or jail time.
However, the most common question we receive from our clients is how will a DUI affect their driving privileges, and how they can get their license back, and what consequences come next.
In South Carolina, when a driver is arrested for DUI or DUAC, the arresting officer will ask that the driver take a breathalyzer test or give a blood draw to determine their blood alcohol concentration.
It is your right to refuse a breath or blood test, but when you do, your license will automatically be suspended as a result.
Further, if you do consent to either test, which results in a BAC of .15% or higher, your license will also automatically be suspended.
All other drivers who are arrested for a DUI in South Carolina are in jeopardy of losing their licenses too, which is why it is important to partner with an experienced DUI or DUAC attorney in Greenville, as the window of eligibility to obtain a Temporary Alcohol license after your arrest is very short.
The sooner we can challenge the suspension and request an administrative hearing, the quicker you will be able to receive a license that allows you to continue your life, work, and family obligations.
Gaining a temporary license is not only important to your livelihood but driving a vehicle with a suspended license can lead to additional charges and punishments.
What are the Additional Penalties for DUI or DUAC Charges in Greenville, SC?
In South Carolina, first-time DUI charges are based on the registered blood alcohol content at the time of their arrest.
First DUI penalties for drivers with a BAC over .08%, but less than.10% include 48 hours of community service or jail time from 48 hours up to 30 days, and a fine up to $400.
First DUI penalties for drivers with a BAC between .10% and .15% include 72 hours of community service, or jail time from 72 hours up to 30 days, and/or a fine up to $500.
First DUI penalties for drivers with a BAC between .16% or greater must serve 30 days of community service, or jail time from 30 to 90 days, and/or a fine up to $1,000.
Depending on your unique South Carolina or DUI or DUAC arrest, additional penalties may include:
- Ignition interlock device
- Mandatory drug and alcohol education, assessment, and treatment
- Vehicle confiscation
What if I Have a Previous Conviction for a DUAC or DUI in Greenville, SC? and Am Arrested for the Same Charge Again?
A second DUI or DUAC offense may require five days to one year in jail, a minimum one-year license suspension, and thousands of dollars in fines.
From there, the jail time, license suspension, and fines increase from 60 days to up to three years, two years, and up to $6300, respectively.
A fourth DUI offense is a felony and will result in one to five years of incarceration and the permanent revocation of your driver’s license.
If you have been convicted of a previous DUAC or DUI charge, you will need an experienced DUI lawyer in Greenville to assess your case and ensure your rights are protected throughout the legal process.
Contact Our Greenville DUI and DUAC Attorneys at the David W. Martin Law Group for a Free Consultation Today
If you have arrested for DUI or DUAC — whether it is your first time or subsequent arrest for the same charge — contact our experienced DUI and DUAC lawyers in Greenville, South Carolina at the David W. Martin Law Group today by calling (803) 590-1958 to review your case with our skilled criminal defense team to pursue the best outcome for your unique circumstances.