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Driving Under The Influence
DUI
In South Carolina, an individual may be charged with Driving Under the Influence if she operates a motor vehicle while under the influence of alcohol or drugs, or any combination of the two, to the extent that her ability to operate the vehicle has been materially and considerably impaired. To be charged with Driving Under the Influence, an individual must have had the vehicle in motion at the time of intoxication; therefore, simply starting the vehicle may not amount to a charge of Driving Under the Influence.
If an individual has a Blood Alcohol Content ("BAC") of 0.08 percent or higher, it will be inferred that she was driving under the influence of alcohol. If her BAC is greater than 0.05 percent but les than 0.08 percent, that level may be used along with other evidence to determine if she was driving under the influence.
A person charged with Driving Under the Influence, First Offense may face a fine up to $400, possible imprisonment up to 30 days, and a driver's license suspension for six months. Subsequent Driving Under the Influence offenses will carry greater sentences, with the possibility of facing up to ten years imprisonment after a Fourth Offense.
If you or someone you know has been charged with Driving Under the Influence, The Shealey Law Firm is here to help. Our experienced criminal defense attorneys will work tirelessly and diligently to find the best resolution for your case, while treating you with the respect and dignity you deserve.
Felony DUI
Under South Carolina law, an individual may be charged with felony Driving Under the Influence (DUI) if she operates a motor vehicle while under the influence of alcohol or drugs, or any combination of the two, to the extent that her ability to operate the vehicle has been materially and considerably impaired. The individual must have had the vehicle in motion at the time of intoxication; therefore, simply starting the vehicle may not amount to a charge of felony Driving Under the Influence. The individual must also have caused great bodily injury or death of another person while driving under the influence in order to be charged with felony DUI.
An individual who harms another person while driving under the influence may face up to fifteen years in prison and a fine of $5,000 to $10,000. If an individual causes the death of another person while driving under the influence, she faces anywhere from one to twenty-five years in prison and a fine of $10,100 to $25,000.
In addition to possible prison time and a hefty fine, a conviction of felony DUI also results in a restricted license as well as the installment of a device that requires the driver to take a breathalyzer test in order to operate her car.
If you or someone you know has been charged with felony Driving Under the Influence, The Shealey Law Firm is here to help. Our experienced criminal defense attorneys will work tirelessly and diligently to find the best resolution for your case, while treating you with the respect and dignity you deserve.
