South Carolina Legal Blog

The Law Offices of Cezar McKnight is dedicated to fighting for those who need legal help in Kingstree, South Carolina. I have represented thousands of people and recovered millions of dollars through trial and settlement. I specialize in Car and Truck Accidents, Criminal Defense, and Wrongful Death cases. Get in touch with me today to learn more about how I can help.

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Is My License Taken Away After One DUI?

A DUI is a serious offense in South Carolina, subject to imprisonment, fines, and license suspension. A motorist is driving under the influence if he or she has a blood alcohol concentration (BAC) of 0.08% or greater. Under state law, a first DUI offense will result in a six-month license suspension. Not being able to drive can make your life complicated, preventing you from driving to work or bringing your kids to school. Understanding your rights is key to building a strong defense. If you are facing drunk driving allegations, your first call should be to our Kingstree, SC, DUI lawyer at the Law Office of Cezar McKnight.

Number of Convictions Determines License Suspension in SC

South Carolina law imposes the following penalties for a DUI conviction:

  • First offense: Six-month license suspension
  • Second offense: One-year license suspension
  • Third offense: Two-year license (four years if the third offense occurs within five years of the first offense)
  • Fourth or subsequent offense: Permanent revocation of your driver’s license

If you are found driving with an unlawful concentration (DUAC), you face the same penalties as a DUI conviction. Someone is guilty of a DUAC offense if he or she has a BAC of 0.08% or greater (even if there are no signs of impairment). Given that there is no requirement to show signs of inebriation to be charged with DUAC, this is known as a “per se” offense.

Your License May Be Automatically Suspended

As a South Carolina motorist, it is assumed that you automatically consent to breath, urine, and blood tests if you are pulled over for a suspected DUI. The arresting officer will often request a breath test first, but if you have an injured mouth, are unconscious, or for any other reason cannot submit to a breathalyzer, the police officer may request a blood sample.

According to SC Code §56-5-2950 (implied consent law), you have a legal right to refuse chemical testing, but it comes with an automatic license suspension of six months. Alternatively, if you took the breathalyzer and your BAC was 0.15% or greater, your driving privileges will be suspended for one month.

You Will Be Required to Install an Ignition Interlock Device

The state of South Carolina now requires all DUI offenders to install an ignition interlock device (IID). You will be required to use the IID for the entire length of your suspension. An IID acts as a breathalyzer, requiring you to submit a breath sample to start your vehicle. If the IID registers a BAC of 0.02% or greater, your vehicle will not turn on. However, getting an IID is costly, entailing installation, leasing, and monitoring fees. Even for a six-month period, you could be paying anywhere between $800 to $1,600. Don’t attempt to avoid these charges by driving on a suspended license, since this is a misdemeanor offense in South Carolina.

Defending DUI Charges in Kingstree, SC

Each DUI case is unique, but common defenses include challenging the legality of the initial stop, questioning the reliability of the breathalyzer, or the officer’s potential bias. To be stopped for a DUI, an officer must have reasonable suspicion that you are driving impaired. This involves noting signs of intoxication, such as weaving between lines, sudden braking, or other erratic behavior. If these signs were not present, then the DUI stop may have been unlawful.

Proving that the initial DUI stop was invalid may allow the charges to be dropped or for our DUI attorney to file a motion to suppress this evidence (since it was likely illegally obtained). If you would like to discuss your recent DUI stop, do not hesitate to contact our office.

Consult with Our Kingstree, SC, DUI Attorney Today

Given that your driver’s license will be suspended after your first DUI conviction or if you refuse DUI testing, our Kingstree, SC, DUI lawyer is available to assist you. Simply being charged with a DUI does not mean that you are guilty. At the Law Office of Cezar McKnight, our founding attorney has devoted his professional life to advocating for individuals who need legal help. To arrange your free consultation, contact our office online or by calling (843) 374-4529.