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SOUTH CAROLINA DUI - FAQ'S

By South Carolina DUI Attorney Lawyer Thomas Quinn

"1. Question: Is it illegal to drink and drive in South Carolina?

"2. Question: What is the best way to avoid an SC conviction for a DUI?

"3. Question: What should I do when the officer turns on his lights behind me?

"4. Question: What should I do if I am stopped?

"5. Question:; Do I have the right to an attorney in South Carolina when I am stopped for DUI?

"6. Question: If asked, should I be truthful about how many I have had?

"7. Question: What should I do if I am not going to answer?

"8. Question: What is a field sobriety test?

"9. Question: Should I take the breathalyzer test?

"10. Question: If I register over .08 on the breathalyzer test am I automatically guilty of DUI?

"11. Question: What am I likely to register on the breathalyzer?

"12. Question: I took the breathalyzer test and they still took my license, what now?

"13. Question: What are the South Carolina D.U.I. laws and penalties for a DUI conviction?

"1. Question: Is it illegal to drink and drive in South Carolina?
Answer: No, it is not illegal in South Carolina to consume alcoholic beverages and drive a vehicle. You can only be found guilty of DUI if a judge or jury is convinced beyond a reasonable doubt that your ability to drive has been materially and appreciably impaired by alcohol consumption.

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"2. Question: What is the best way to avoid a conviction for a DUI?
Answer: Avoiding a DUI arrest is the best way to steer clear of a serious criminal matter that can take a lengthy time to resolve and can result in serious sanctions. To avoid a DUI arrest:

"· Before you go out, decide who will be the designated driver

"· Use a taxi. The cost of the cab will be substantially less than the tow of your vehicle alone if you are stopped for a DUI, much less the associated attorney's fees, potential fines, and insurance consequences.

"· Call a friend or a family member to pick you up. You can pick up your car in the morning. You may not get a parking ticket for overnight parking, but if you do, that fine is much less than the cost of a DUI.

"3. Question: What should I do when the officer turns on his lights behind me?
Answer: In a controlled fashion move over into the right lane and then onto the shoulder of the road or into a parking lot or onto a side road wherever you can most safely stop your car. Turn off the engine and the radio. Be sure your license, registration, and proof of insurance are handy. Get them ready as the officer approaches your car.

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"4. Question: What should I do if I am stopped?
Answer: Most importantly, stay calm and think rationally. It is imperative that you be polite. The easiest way to find yourself in a confrontation leading to an arrest is to be rude or aggressive with the officer.

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"6. Question: If asked, should I be truthful about how many I have had?
Answer: It depends. If you admit to having more than 2 drinks it is likely that you will be arrested. It gets especially difficult as the officer frequently will not consider what you were driving, how long it took for you to have those drinks, what food, if any, you have consumed and what your physical condition was independent of any alcohol. In other words, are you ill, tired, or emotionally upset?

An option is to not answer the questions at all. The officer should give you your Miranda Rights at the initiation of the field sobriety tests and tell you that one of your options is to remain silent.

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"7. Question: What should I do if I am not going to answer?
Answer: Let the officer know that you would like to speak to an attorney before he or she questions you anymore. If you are asked to take a field sobriety test, mention again that you would like to be advised by your attorney if that is a good idea or not. Make clear you are not refusing or agreeing to take one but you would rather keep all of your bases covered by speaking with counsel first and that you appreciate him/her giving you your rights and reminding you that that is an option.

Remember, you must continue to oblige the officer's requests including stepping out of the car, providing proper documentation for the vehicle and accompanying him if he places you under arrest.

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"8. Question: What is a field sobriety test?
Answer: A standard sobriety test approved by NHTSA and taught to South Carolina officers by the Criminal Justice Academy including:

"horizontal gaze nystagmus (HGN),

"one-legged stand, and

"walk and turn.

The officer may ask you to perform other tasks including saying your ABCs. While these are not approved, the South Carolina Supreme Court has upheld the right of the officer to ask you to perform any tests he believes are appropriate to test your physical or mental capabilities to drive and if you have not invoked your Miranda Rights you must perform the tasks requested.

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"9. Question:; Should I take the breathalyzer test?
Answer: When this test is offered, you have already been placed under arrest for driving under the influence. You are going to be incarcerated and taken before a judge to have bond set. Your vehicle has already been towed. If you take the test all you are doing is providing additional information for the officer to prosecute you.

Remember it is impossible to preserve the breath sample which the officer will later claim may prove your guilt. As there is no sample preserved, we cannot later use it to prove your guilt or innocence.

My advice then is not to take a test that cannot be performed again or later evaluated in order to prove its validity.

Refusing to take the breathalyzer test will result in a 90 day suspension of your driver's license. That suspension is far less severe than the penalties for a conviction for driving under the influence. However, the officer will take your license and you will receive notice from the Department of Motor Vehicles concerning the 90 day suspension. I will be glad to discuss with you your right to an administrative hearing to challenge that suspension.

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"10. Question: If I register over .08 on the breathalyzer test am I automatically guilty of DUI?
Answer: No, the breathalyzer reading is a piece of evidence that a judge or jury can consider at your trial. The judge will instruct the jury that any result on the breathalyzer is to be considered with all other evidence in the case.

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"11. Question: What am I likely to register on the breathalyzer?
Answer: Estimated Blood Alcohol Concentration After One Hour:

"12. Question: I took the breathalyzer test and they still took my license, what now? 
A good rule of thumb is that one drink is metabolized to the point of elimination from the blood stream each hour. Therefore, typically, if you have one drink, waiting one hour before driving is a good idea. Remember there are other factors that influence and can increase or decrease one's breathalyzer concentration such as fatigue, having eaten, and the type of drink. 

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"13. Question: I took the breathalyzer test and they still took my license, what now?
Answer: If you registered over .15 on the breathalyzer, the officer took your license as you will be administratively suspended due to the reading. You have the right to request an administrative hearing within 30 days of your arrest. If you do so, you will be eligible for a temporary alcohol license which will allow you to drive until an administrative hearing can be held.

If the administrative hearing is won, you will not have to serve out the remainder of the suspension associated with the breathalyzer.

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"14. Question: What are the South Carolina laws and penalties for a DUI conviction?
Answer:

FIRST SC DUI CONVICTION:

"· Misdemeanor

"· 48 Hours to 30 Days in jail or 48 Hours Public Service

"· A fine of $400

"· No suspension of the fine or minimum sentence

"· License suspended for six (6) months (provisional license available)

"· ADSAP

SECOND SC DUI OFFENSE:

"· Misdemeanor

"· Five (5) Days to One (1) Year not less than 30 days Public Service

"· $2,100 to $5,100 fine (no suspension of fine to less than $1,100)

"· License suspended for one (1) year (route restricted may be available)

"· Vehicle immobilization required

"· SR22 for Three Years

"· ADSAP

THIRD SC DUI OFFENSE OR ABOVE:

"· Misdemeanor

"· 60 Days - 3 Years

"· $3,800 to $6,300 (no suspension to less than $2,100)

"· License suspended for two (2) years (if within 5 years of DUI 1st suspended for 4 years) (route restricted may be available)

"· Motor vehicle forfeited

"· Vehicle immobilization required

"· SR22 for Three Years

"· ADSAP

These convictions will remain on your record for your life. They will count against you for sentencing purposes for 10 years.

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114 Manly Street | Greenville, SC 29601 | Phone: 800-342-5384| Fax: 864-233-8781
Contact: TQ@tomquinnattorney.com