Charleston DUI Lawyer News for 01-27-2018


How To Beat South Carolina DUI

Summary of South Carolina DUI Law

Is the criminal proceeding related to the actual charge for either DUI or DUAC. Part 1 – The License Suspension and Administrative Hearing. License Suspension: The South Carolina implied consent law says, “a person who drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs or the combination of alcohol and drugs if arrested for an offense arising out of acts alleged to have been committed while the person was driving a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs.” SC Code 56-5-2950. Pursuant to this implied consent law, your South Carolina license will be suspended from 1 to 15 months for failing or refusing a Datamaster test. Refusal to Submit to Datamaster: Refusing to blow will result in the suspension of your license for a period of 6 to 15 months, depending on the number of prior DUI convictions within the past 10 years. If your license is suspended for refusing to blow or providing a sample with a BAC of.15 or greater, there are certain administrative procedures that can get you back on the road. On the back of the suspension form, a person may request an administrative hearing for a fee of $200. Once the hearing is requested and processed, the person can apply for a Temporary Alcohol License by paying yet another $100 with the DMV. Up until the time of the administrative hearing, the TAL will allow the person to drive unrestricted, and the suspension will be held pending the outcome of the administrative hearing. As of October 1, 2014, someone who has their license suspended for an implied consent violation may elect to install an ignition interlock device and obtain an IID restricted license. The statute specifically says, “Once a person has enrolled in the Ignition Interlock Device Program and obtained an ignition interlock restricted license, the person is subject to Section 56-5-2941 and cannot subsequently choose to serve the suspension.” In other words, if IID doesn’t work out, you cannot simply turn it in and undergo the suspension period. In order to get your license back EVER you have to successfully complete 6 months or more with the IID. You cannot wait out this 6 month period without installing the IID. This means that if you choose to do nothing for 2 years and then want to get your license back, you then have to complete 6 successful months with the IID along with any ADSAP requirements. 08% and.14%:. First-time offenders with a BAC of 0.08% to 0.14% who have their licenses suspended may choose to use an IID instead of a license suspension. Your license will be suspended for 6 months, but you are NOT required to install an IID in your vehicle or get an Ignition Interlock Restricted License. In the event you are convicted of a DUI, or DUAC, your license to drive will be suspended for at least 6 months. 15%. Please note that this is different from a Route Restricted License, an Ignition Interlock Restricted License, and others.

Keywords: [“license”,”suspension”,”DUI”]
Source: http://www.rhiltonlaw.com/Articles/summary-of-south-carolina-dui-law

South Carolina DUI Laws, SC Drunk Driving Laws & SR22 Insurance

South Carolina Drunk Driving Laws.(If you’ve been charged with South Carolina DUI, the law allows 10 days for your South Carolina DUI Lawyer to make a request with the South Carolina DMV for a hearing to save your driving license). South Carolina is a member of the Interstate Drivers License CompactAn agreement between participating states to share information regarding certain types of convictions including DUI – DWI and related Drunk Driving offenses. South Carolina DUI Laws and BAC limits ALL DRIVERS – BAC LIMIT = 0.08% In the State of South Carolina it is crime for ANY driver to drive with a BAC of 0.08% and above. CAUTION – Driving Ability Impaired !! You can be prosecuted in South Carolina without driving while you are over the legal prescribed bac limit. Penalties for DUI – Drunk Driving in South Carolina South Carolina is a state with a ten-year ‘washout period’ also known as a ‘look back period’. BAC of 0.08% to less than 0.10%. Fine: $400 fine; or jail time as below Jail: 48 hours to 30 days in jail License Suspension: 6 months drivers license suspension must complete alcohol and drug safety action program South Carolina SR22 insurance requirement BAC of 0.10% to less than 0.16%. Fine: $500 fine; or jail time as below Jail: 72 hours to 30 days in jail License Suspension: 6 months drivers license suspension must complete alcohol and drug safety action program South Carolina SR22 insurance requirement BAC of 0.16% or above. Must complete alcohol and drug safety action program South Carolina SR22 insurance requirement Third DUI – Drunk Driving Conviction – Misdemeanor. Must complete alcohol and drug safety action program South Carolina SR22 insurance requirement Fourth DUI – Drunk Driving Conviction – Felony. License Revocation: permanent drivers license revocation Ignition Interlock: lifetime ignition interlock restriction if and when license is re-instated must complete alcohol and drug safety action program South Carolina SR22 insurance requirement Implied consent LAWS. It is an offense to refuse to submit to a chemical test in South Carolina and implied consent laws are enforced. Penalties for refusing to submit to a chemical test in South Carolina If a person refuses to submit to a chemical test in South Carolina, their drivers license will be immediately suspended for at least 90 days. South Carolina SR-22 auto insurance is usually required for a period of 3 years after a DUI – drunk driving – alcohol related driving conviction and can be very expensive if you go with the wrong provider. Disclaimer: While every effort is made to keep all information up to date, the South Carolina drunk driving laws change frequently and the information provided on this web site should not be construed as legal advice, nor is it necessarily complete.

Keywords: [“drive”,”Carolina”,”South”]
Source: http://www.dui-usa.drinkdriving.org/South+Carolina_dui_drunkdriving_laws.php

Leave a Reply

Your email address will not be published. Required fields are marked *