If you have been charged with a DUI, you are probably feeling intense worry about your future. Driving under the influence is a serious criminal offense that can result in jail time, fines, and changes to your driving privileges. A DUI can also affect your reputation, your career, your education, and your relationships.
Speaking with a criminal defense attorney is an important step in understanding your options. Our Greenville office serves clients across South Carolina. If you live in Clemson, SC, and need legal representation for a DUI case, contact us at (864) 618-2323. 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 Happens After a DUI?
The penalties for a DUI depend on whether you have prior offenses within the last ten years and on your alcohol concentration. For a first offense, the statute provides for a fine of $400 or imprisonment for 48 hours to 30 days. At an alcohol concentration of 0.10% to less than 0.16%, the penalty is a fine of $500 or 72 hours to 30 days. At 0.16% or more, it is a fine of $1,000 or 30 to 90 days. Court costs and assessments may be added. A person convicted must also enroll in and complete an Alcohol and Drug Safety Action Program (S.C. Code Ann. § 56-5-2930).
For a first offense, the DMV suspends the license, and the person may end the suspension by enrolling in the Ignition Interlock Device Program and obtaining an ignition interlock restricted license. The device must stay on the vehicle for six months after a first offense, two years after a second, three years after a third (four if the third offense is within five years of the first), and for life after a fourth or later offense (S.C. Code Ann. § 56-5-2990). A driver may also be required to prove financial responsibility, such as with special SR-22 insurance. Each penalty increases for a second and third offense. For a fourth or later offense, the base penalty is imprisonment of one to five years, and it is higher at higher alcohol concentrations. If you have additional charges on top of your DUI charge, other penalties may apply.
In the state of South Carolina, there are requirements and deadlines that apply to your driver’s license. If you refuse a breath test, or your alcohol concentration is 0.15% or more, the DMV suspends your license, and you have 30 days from the notice of suspension to request a contested case hearing (S.C. Code Ann. § 56-5-2951). Whether a DUI conviction can be removed from a record depends on the law. 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).
The first step after your DUI charge is to contact a qualified criminal defense lawyer. A criminal attorney can review your case, explain your options, and discuss a defense strategy based on the facts. No lawyer can promise a particular result.
How Does a DUI Affect Clemson University Students
A DUI arrest can be especially stressful for college students, whose futures have barely begun. Along with the criminal case, you may also face a separate process at Clemson University. The university has its own policies, which are described in the Clemson University Student Handbook. Depending on those policies, a DUI charge or conviction may affect:
- Your standing as a student
- Scholarships or financial aid
- Housing or participation in sports and clubs
The university process is separate from the criminal case, and the outcome of one does not decide the outcome of the other. A criminal lawyer can explain how the court case is likely to move, but the university decides its own process. Check the Student Handbook for the rules that apply to you.
How a DUI Lawyer Can Help
A South Carolina DUI lawyer will review your case and all of the evidence. Perhaps there was a mistake in your field sobriety test, or an issue in your arrest process. South Carolina law requires the incident site and the breath test site to be video recorded, and that video can be part of the review (S.C. Code Ann. § 56-5-2953). Pretrial intervention is generally not available for a DUI charge, unless the solicitor determines that the elements of the crime do not fit the charge (S.C. Code Ann. § 17-22-50). Each case is unique.
At Touma Law, we review each DUI case on its facts. Contact our office today for your free lawyer consultation.
