Being charged with a DUI in Anderson, SC, can be overwhelming, but understanding the process can help you make better decisions. A DUI conviction can have serious consequences, including fines, an ignition interlock requirement or license suspension, and jail time. The outcome of a case depends on several factors, including the circumstances of your arrest and the evidence against you.
If you have been charged with a DUI, it is important to act quickly, because some deadlines are short. Call Touma Law’s Anderson DUI defense firm at (864) 777-8062 to discuss your case and your options. A licensed South Carolina attorney at the firm must review the facts of your case before you rely on the general information on this page.
What to Expect if You Are Charged With DUI
If you are arrested for a DUI in Anderson, SC, several things will happen as part of the legal process:
- Arrest and Booking: After an arrest, you will be taken to be booked. This involves taking your personal information, fingerprints, and a photograph. You may be asked to take a breath test or a blood test to determine your blood alcohol content (BAC). South Carolina law requires that your conduct at the incident site and at the breath test site be video recorded (S.C. Code Ann. § 56-5-2953). Before a test, you must be told that you do not have to take it, that your privilege to drive must be suspended or denied for at least six months if you refuse, and that your refusal may be used against you in court (S.C. Code Ann. § 56-5-2950).
- Administrative License Suspension: The Department of Motor Vehicles (DMV) must suspend your license if you refuse the test or if your alcohol concentration is 0.15% or more. The arresting officer issues a notice of suspension. For a person with no prior offense in the last ten years, the suspension period is six months for a refusal and one month for a test result of 0.15% or more. Within 30 days of the notice, you may request a contested case hearing and either enroll in the Ignition Interlock Device Program or obtain a temporary alcohol license, which has a $100 fee and allows you to drive without restrictions while you wait for the outcome of the hearing (S.C. Code Ann. § 56-5-2951).
- Court Appearance: Your arrest paperwork will tell you how your case is being handled, and your case will be set for court. At your first appearance, you will be informed of the charges against you, and you may enter a plea. A first offense that carries 90 days or less of imprisonment may be tried in magistrates court (S.C. Code Ann. § 56-5-2930(K)). It is wise to have an Anderson defense attorney with you at this stage, because the attorney can explain the next steps in the case.
- Possible Charges: You may be charged with driving under the influence under S.C. Code Ann. § 56-5-2930, or with driving with an unlawful alcohol concentration (0.08% or more) under S.C. Code Ann. § 56-5-2933. The penalties for a first offense are a fine of $400 or 48 hours to 30 days in jail, and they are higher when the alcohol concentration is 0.10% to less than 0.16% or 0.16% or more. An accident that causes great bodily injury or death can lead to felony DUI.
- License Reinstatement: If you are convicted, the DMV suspends your license. For a first offense, you may enroll in the Ignition Interlock Device Program, end the suspension, and obtain an ignition interlock restricted license. You must also enroll in an Alcohol and Drug Safety Action Program, and you may owe a DMV reinstatement fee (S.C. Code Ann. § 56-5-2990 and S.C. Code Ann. § 56-1-390). You may also be required to prove financial responsibility, often with an SR-22 certificate.
- Court Process and Possible Outcomes: DUI cases in South Carolina can end in different ways. A case may be resolved through a negotiated plea, or it may go to trial, and a person charged under Section 56-5-2930 is entitled to a jury trial. The penalties for a conviction can include fines, public service, mandatory alcohol education or treatment, and jail time. The penalties are more serious for felony DUI offenses.
Being arrested for DUI in Anderson, SC, can have serious consequences, so it is important to understand your legal rights and options and to consider seeking legal counsel to help you through the process.
Steps You Need to Take After an Arrest for DUI
If you are charged with a DUI in Anderson, SC, it is important to take immediate and thoughtful steps to protect your rights and handle the legal process. Here is what you should do:
- Remain Calm and Cooperate with Authorities: After your arrest, remain calm and polite with the police officers. Avoid admitting guilt or making statements that could be used against you later. You have the right to remain silent, so it is best to use that right until you speak with an attorney.
- Understand Your Rights: A refusal to take a field sobriety test does not count as disobeying a police command (S.C. Code Ann. § 56-5-2953(A)(1)(b)). Refusing the breath test, however, can lead to an administrative license suspension, and the refusal can be used against you in court. Be aware of the possible consequences before making a decision. You also have the right to have a qualified person of your own choosing perform an additional test at your expense.
- Request a Contested Case Hearing: If your license was suspended, you have 30 days from the date of the notice of suspension to request a contested case hearing. If you do not request the hearing in time, you waive it and the suspension continues. You can find more information from the South Carolina Department of Motor Vehicles.
- Seek Legal Representation: A DUI charge can have serious consequences, including fines, license restrictions, and jail time. It is important to consult with a defense attorney in Anderson who can review the circumstances of your case, explain your options, and guide you through the legal process.
- Consider Your Plea Options: After being charged, you will have an opportunity to enter a plea. Your attorney will review the evidence and discuss whether to negotiate, contest the charges, or take the case to trial. The right course of action will depend on the specifics of your case.
- Prepare for Your Court Appearance: Keep every court notice, and do not miss a court date. At your first appearance, you can enter a plea. Your attorney can review the evidence with you, including the video recordings, the accuracy of the breath test, and the arresting officer’s procedures.
- Understand the Program Requirements: A person convicted of DUI must enroll in and complete an Alcohol and Drug Safety Action Program, and so must a person whose administrative suspension is upheld. Pretrial intervention is not available for a person charged with DUI or driving with an unlawful alcohol concentration, unless the solicitor determines that the elements of the crime do not fit the charge (S.C. Code Ann. § 17-22-50).
- Plan for Potential Consequences: If convicted, penalties for a DUI in South Carolina can include fines, an ignition interlock requirement, mandatory alcohol education or treatment programs, and possibly jail time. Your attorney can explain the penalties that may apply to you.
By following these steps and seeking legal advice, you can protect your rights as you move through the DUI process in Anderson, SC.
Can a DUI charge be reduced to a lesser offense in South Carolina?
In South Carolina, a DUI charge can sometimes be resolved with a plea to a lesser offense, but that decision belongs to the prosecutor and the court, and it depends on the specific facts of the case. No one can promise that a charge will be reduced. Here are some scenarios people ask about:
Reckless Driving
One of the lesser offenses people ask about is reckless driving. Reckless driving is driving in a manner that shows a wilful or wanton disregard for the safety of persons or property, and it has its own penalties: a fine of $25 to $200 or imprisonment of up to 30 days, and a three-month license suspension for a second or later offense within five years (S.C. Code Ann. § 56-5-2920). Whether a prosecutor will agree to a reckless driving charge depends on the facts of the case and the evidence.
Non-Alcohol-Related Offenses
When the evidence of impairment is limited, a prosecutor may consider a different charge. Whether that happens depends on the evidence, and nothing about it is automatic.
First Offender Treatment
A person with no prior record may be in a different position in plea discussions than a person with prior convictions, but a clean record does not guarantee any particular result. Pretrial intervention is not available for DUI charges under S.C. Code Ann. § 17-22-50, unless the solicitor determines that the elements of the crime do not fit the charge.
Negotiated Plea Deals
A plea agreement between the defense attorney and the prosecution may result in a different charge or a different sentence. In these situations, the defendant may agree to plead guilty to a lesser offense. Each agreement depends on the facts of the case, and a licensed South Carolina attorney should review any offer before you accept it.
Factors Affecting the Possibility of Reducing a DUI
Several factors can influence whether a prosecutor is willing to discuss a lesser charge, such as the circumstances of your arrest and your prior convictions. Understanding these factors can help you understand your options.
- Severity of the DUI: If the DUI involves a high alcohol concentration, prior convictions, or an accident or injury, a reduction may be less likely.
- Evidence: The strength of the evidence against the defendant is important. If there are issues with how the evidence was obtained, such as problems with field sobriety testing or breath test results, those issues can be part of the discussion.
- Criminal History: A defendant with a clean record or a minimal criminal history may be in a different position than someone with prior convictions.
- Steps You Have Taken: Steps such as completing an alcohol education program or an assessment may be considered by the prosecutor, although nothing requires a prosecutor to agree to a reduction.
DUI charges in South Carolina carry significant penalties, and whether a reduction is possible depends on the facts of each case. A licensed South Carolina attorney can review the specifics of your situation.
Fines and Court Costs
A DUI conviction in Anderson, SC, comes with financial penalties. For a first offense, the fine set by statute is $400, $500 if the alcohol concentration is 0.10% to less than 0.16%, and $1,000 if it is 0.16% or more. For a second offense, the fine is $2,100 to $5,100 at the base level, $2,500 to $5,500 at 0.10% to less than 0.16%, and $3,500 to $6,500 at 0.16% or more. For a third offense, the fine is $3,800 to $6,300 at the base level and rises at the higher alcohol concentrations. A fourth or later offense carries imprisonment of one to five years at the base level, and more at higher concentrations. Court costs and other fees may apply, adding to the financial burden (S.C. Code Ann. § 56-5-2930).
License Suspension
One of the most immediate consequences of a DUI is the loss of normal driving privileges. After a conviction, the DMV suspends the license, and the person can end the suspension by enrolling in the Ignition Interlock Device Program and obtaining an ignition interlock restricted license. The device must be on the vehicle for six months after a first offense and two years after a second offense. After a third offense, the device is required for three years, or four years if the third offense occurs within five years of the first. After a fourth or later offense, it is required for life (S.C. Code Ann. § 56-5-2990). A person who chooses not to have the device installed when it is required remains suspended (S.C. Code Ann. § 56-1-400(E)). Offenses count as priors only if they occurred within the ten years before the last offense, except as the statute provides.
Jail Time
The amount of jail time depends on whether the DUI is a first or repeat offense and on the alcohol concentration. For a first offense, the statute provides for a fine of $400 or 48 hours to 30 days in jail. At an alcohol concentration of 0.10% to less than 0.16%, it is a fine of $500 or 72 hours to 30 days, and at 0.16% or more, it is a fine of $1,000 or 30 to 90 days. For a second offense, the base penalty includes imprisonment of five days to one year. For a third offense, the base penalty includes imprisonment of 60 days to three years. Higher alcohol concentrations carry longer terms. No part of the minimum sentences may be suspended, but the court may provide public service employment in place of the minimum first-offense sentence (S.C. Code Ann. § 56-5-2930).
Alcohol or Drug Education and Treatment Programs
A person convicted of DUI must enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the state. The program prepares an assessment and develops a plan of education, treatment, or both. The cost to the person may not exceed $500 for education services, $2,000 for treatment services, and $2,500 in total, and a person may not be denied services because of an inability to pay (S.C. Code Ann. § 56-5-2930(H)).
Increased Insurance Rates
After a DUI conviction, individuals commonly see higher car insurance rates. An insurer may not increase premiums, add surcharges, or cancel a policy based solely on a DUI charge, unless the person is convicted (S.C. Code Ann. § 56-5-2951(N)). In some cases, drivers may be required to file an SR-22 insurance form, which is proof of financial responsibility. The DMV may waive the filing requirement after three years if the person has no further conviction that would require or permit a suspension (S.C. Code Ann. § 56-9-620).
Criminal Record
A DUI conviction creates a criminal record, which can have long-lasting effects. Having a criminal record may hinder job prospects, especially in positions that require driving or a background check. The general first-offense expungement statute does not apply to an offense involving the operation of a motor vehicle (S.C. Code Ann. § 22-5-910). Driving under the influence that causes great bodily injury or death is a felony, with mandatory fines and imprisonment (S.C. Code Ann. § 56-5-2945).
Ignition Interlock Device Requirement
South Carolina requires an ignition interlock device for a person convicted of DUI or driving with an unlawful alcohol concentration, and for a person who enrolls in the program in place of an administrative suspension. The ignition interlock device requires the driver to blow into a breath testing device before starting the vehicle. If alcohol is detected, the vehicle will not start. The required period depends on the offense, as described under license suspension above (S.C. Code Ann. § 56-5-2941).
Probation
In some cases, the court may order probation. Probation typically involves regular check-ins with a probation officer, as well as compliance with certain conditions, such as attending alcohol education programs or performing community service. Failure to comply with the terms of probation can result in further penalties, including additional jail time.
Community Service
In place of, or in addition to, other penalties, the court may order the individual to complete community service. For a first offense, the court may provide public service employment in place of the 48-hour minimum jail sentence. A person who cannot pay for the Alcohol and Drug Safety Action Program must perform 50 hours of community service arranged by the program (S.C. Code Ann. § 56-5-2990(C)).
Impact on Employment and Personal Life
A DUI conviction can have a significant impact on an individual’s employment and personal life. If the job requires driving, a DUI conviction may affect job security or the ability to find new employment. The conviction can also strain personal relationships. For some, the consequences of a DUI extend beyond legal penalties and affect everyday life, which is one reason to address the charge as soon as possible.
The consequences of a DUI conviction in Anderson, SC, can be severe and lasting. It is important to understand the penalties that may apply to your specific case and to seek legal counsel if you have been charged with a DUI.
Get Legal Support for Your DUI Charge in Anderson
If you have been charged with a DUI in Anderson, SC, it is important to act quickly. Deadlines, such as the 30-day window to request a contested case hearing, begin to run after your arrest. Contact us to discuss your case and your options. A licensed South Carolina attorney at the firm must review the facts of your case before you rely on general information.
