New DUI Laws for SC

New Law goes into effect February 2009
 
     
 
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Myrtle Beach Lawyer with the facts about the new DUI Laws

Free Consultation at 843-488-5000

Arrested or Injured? For emergencies, we have attorneys on call 24 hours a day 7 days a week. Call us at 843-488-5000.

 

You need an attorney to defend you in a DUI or criminal case. It is never a good idea to represent yourself in a criminal case. The law and process is far more complex than most people believe, and having a Myrtle Beach DUI Attorney or a Charleston DUI attorney is important

A thorough understanding of your constitutional rights and how to exercise them is vital to your defense. How your case is presented to the court or a jury, with respect to possible defenses, is equally important. Your freedom can depend upon something as simple as how a particular law is interpreted. There is no sense in being convicted or going to jail because you represented yourself
and did not have an attorney.  

  • DUI - First Offense:
    • $400 fine and 2 days up to 30 days in jail, or 48 hours of community service.
  • Blood Alcohol Levels from 0.08 to 0.15:
    • $500 fine or 3 days in jail up to 30 days, or 72 hours of community service.
  • Blood Alcohol Levels of 0.16 and above:
    • $1,000 fine or 30 days to 90 days or 30 days community service.
  • DUI Second Offense:
    • Fine of $2,100 to $5,100 and 5 days to 1 year in prison with no option of community service.
  • Blood Alcohol Levels from 0.10 to 0.15:
    • Fine of $2,100 to $5,100 and 30 days to 2 years in prison.
  • Blood Alcohol Levels of 0.16 and above:
    • Fine of $3,500 to $6,300 and 90 days to 3 years in prison.
  • DUI third offense:
    • Fine of $3,800 to $6,300 and a jail sentence of 60 days in jail to 3 years in prison.
  • Blood Alcohol Levels from 0.10 to 0.15:
    • Fines from $5,000 to $7,500 and 90 days in jail up to 4 years in prison.
  • Blood Alcohol Levels of 0.16 and above:
    • Fines of $7,500 to $10,000 and from 6 months to 5 years in a state prison.
  • DUI Fourth or more offenses:
    • From one to 5 years in a state prison with the potential for BAC levels to drive sentences to a maximum of 7 years in prison.

If you are charged with a DUI, you will need a good DUI Lawyer.

You are always better off hiring an attorney to defend you in a DUI or criminal case. It is never a good idea to represent yourself in a criminal case. The law is far more complex than most people think, and having a good attorney next to you causes the court to take your defense seriously. Courts will afford no special treatment to defendants representing themselves.

A thorough understanding of your constitutional rights and how to exercise them is vital to your defense. How you present your defense to the court or a jury is equally important. Your freedom can depend upon something as simple as how a particular law is interpreted. There is no sense in being convicted or going to jail because you represented yourself or had an attorney who was too busy or inexperienced to give your case the time it deserves.


DUI Traffic Tickets:

With Traffic Tickets, Often it's Possible to:

  • Avoid Insurance Rate Increase

  • Avoid Court Appearance

  • Keep Driving Privilege

  • Handle Tickets By Mail or Fax

Coastal Law has Myrtle Beach DUI Attorneys and Charleston DUI Attorneys to assist  clients with traffic tickets, DUI/DWI and other criminal charges that do unfortunately impact clients or their families' lives. We strive to provide competent and confidential representation to all clients who are charged with a crime.

A DUI conviction carries heavy penalties, and it is absolutely imperative that you find the best attorney available.

The information contained in this site is general in nature and is not intended as specific legal advice for your use. Contact Coastal Law for specific legal advice. 843-488-5000

  •  How much?

  •  Why were you stopped?

  •  The Types of Test

How Much did you have to drink? (BAC Calculator)

This is a simple question, and quite possibly the most important. Many factors will combine to determine your level of intoxication, including not only the amount of alcohol, but also the rate of consumption, time period, and type. The following chart will give you an idea of your BAC or blood alcohol content. However, there are so many other factors involved in this determination that this chart should only be used as a general guide.


Why were you stopped?

There must be a good reason why the arresting officer stopped you. Of course, police are trained to look for drivers who are exhibiting suspicious behavior. In many cases, a drunk driving arrest is made after a routine traffic stop, such as a broken taillight.

The National Highway Traffic Safety Administration (U.S. DOT-NHTSADOT HS 805711) publishes a list of suspect behaviors, including the percentage chance (according to the DOT) that a driver at night is legally drunk. Here is the list:

  • Turning with a wide radius 65%

  • Braking Erratically 45%

  • Straddling Center or Lane Marker 65%

  • "Appearing" To Be Drunk (e.g., Slouching in the seat, Gesturing erratically or obscenely, Eye fixation, Tightly gripping the steering wheel Face close to the windshield, Drinking in the vehicle, Driver's head protruding from vehicle) 60%

  • Weaving 60%

  • Driving on Other Than Designated Roadway 55%

  • Swerving 55%

  • Slow Speed (More Than 10 MPH Below Speed Limit) 50%

  • Following Too Closely 50%

  • Drifting 50%

  • Tires on Center or Lane Marker 45%

  • Driving Into Opposing or Crossing Traffic 45%

  • Signaling Inconsistent With Driving Actions 40%

  • Slow Response to Traffic Signals 40%

  • Stopping Inappropriately (Other Than in Traffic Lane) 35%

  • Turning Abruptly or Illegally 35%

  • Accelerating or Decelerating Rapidly

  • Headlights Off 30

Not all of the behaviors listed above give the police officer the legal right to stop the car. If your car was stopped illegally, then it could have severe implications for the admissibility of further evidence found in the car. A legal expert is essential in analyzing the initial traffic stop.


The "Breathalyzer" Tests

There are two types of breath tests available to law enforcement. The first is a called a PBT, or portable breath tester. This device is used to establish probable cause for the arresting officer in the field. The results of this test will not necessarily be submitted as evidence in a trial. It is used primarily to give the officer cause to detain a driver suspected of drunk driving.

The second machine used by law enforcement is the BAC Verifier DataMaster II. This is a larger machine centrally located at the police station. The results of this machine are most likely to be submitted as evidence in a court of law. In most states, failure to submit to this test will result in an automatic administrative suspension of a driver's license. If your license is suspended, Coastal Law can help you reinstate your drivers license privileges.

A person facing the decision to take or refuse the breath test should call an attorney immediately to discuss the consequences of that decision in connection with the specific facts of the case. Generally the consequences of refusing a test are more severe than taking it and flunking.

The law regarding taking or refusing the breath test is one of the most complicated areas of DUI law. Any person who is asked to take a breath test by a law enforcement officer should ask to contact an attorney immediately.

 

If you are under investigation or have already been charged for a crime or drunk driving offense, call 843-488-5000 or e-mail (help@coastal-law.com ) the Myrtle Beach Attorneys and Charleston Attorneys at Coastal Law. Let an experienced local attorney analyze your case and plan a strategic defense; this will allow you to take an important first step in defending the case against you.

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