Bob Holland and Rob Usry

Spartanburg DUI/DUAC Lawyer

BASICS OF DUI IN SOUTH CAROLINA

Many people equate a DUI or DUAC case with the reading from the breath test some DUI suspects take. While many refer to this as the “Breathalyzer”, the breath test machine used in South Carolina is actually the BAC DataMaster DMT. But a DUI case often involves much more than just a number from a machine (or lack thereof). In fact, citizens accused of DUI have numerous rights and proving DUI can be more difficult than many people think. However, a DUI charge, even without a conviction, can have immediate impact on your life due to administrative license suspension. A DUI lawyer can force the State to prove its case while pointing out what the officers did incorrectly and presenting the facts that favor you. The Spartanburg DUI lawyers at Holland & Usry can aggressively defend Spartanburg DUI cases with over 30 years of combined experience. If you have been charged with a Spartanburg County DUI, call us at 864-582-0416 to schedule a free consultation to discuss your case and protect your rights.

PROVING DUI- To convict a person of driving under the influence (DUI), the State must prove beyond a reasonable doubt the person was driving while the person’s mental and physical faculties to drive were materially and appreciably impaired by alcohol or drugs or both.

While the so-called “legal limit” for a breath test in South Carolina is .08, A PERSON WHO BLOWS A .08 OR MORE IS NOT AUTOMATICALLY GUILTY. Sometimes people who blow .08 or over are charged with Driving with Unlawful Alcohol Concentration, or DUAC. In a DUI trial, the breath test result is just one fact the judge or jury considers. It is not conclusive evidence of guilt.

DUI TRIAL- In South Carolina, all persons charged with DUI have a right to a jury trial. The central question in many DUI cases is whether the person was too impaired to drive. A DUI lawyer can attack many issues at trial, including:

1. Whether the officer had a legitimate reason to pull you over;
2. Whether the officer fully observed all your legal rights;
3. If you took Field Sobriety Tests, whether the officer administered them properly;
4. Whether the officer had sufficient cause to arrest you for DUI;
5. If a breath test was given, whether the officer properly administered the test as required by South Carolina law and State Law Enforcement Division regulations;
6. Whether you were impaired, regardless of any breath test reading.

South Carolina law requires officers to video record, with very limited exceptions, both the roadside investigation of DUI suspects and the breath test, whether the suspect takes it or not. These videos are a valuable tool for both protecting your rights and preparing your defense. The Spartanburg DUI lawyers of Holland & Usry thoroughly review your DUI videotapes in our defense of your case. If you have been charged with a Spartanburg County DUI, call us at 582-0416 to schedule a free consultation to discuss your case and protect your rights.

BASICS OF SOUTH CAROLINA ADMINISTRATIVE LICENSE SUSPENSION

In South Carolina, citizens accused of DUI potentially face not one, but TWO separate license suspensions. If you are convicted of DUI in South Carolina, you suffer license suspension and other penalties. South Carolina administrative license suspension (ALS) can occur before you are even tried for the charge. Even if you are not a resident of South Carolina, your South Carolina ALS may be reported to your home state’s Department of Motor Vehicles and could affect your home state driving privileges, too.

WHEN ALS APPLIES- ALS allows the arresting officer to suspend your South Carolina driver’s license (or privilege to drive in South Carolina if you are not a resident) AS OF THE DAY OF YOUR ARREST if you either 1) refuse the breath test OR 2) take the breath test and blow .15 or over.

SUSPENSION PERIOD- For a DUI 1st offense, if you refused the test, your South Carolina license (or privilege to drive in South Carolina if you are not a resident) is suspended for 6 months. If you blew .15 or over, the suspension is 1 month.

If you have been previously convicted for DUI in the 10 years prior to your arrest or had ALS in the 10 years prior to your arrest, the suspension period for a refusal is 9 months; for .15 or over is 2 months. For a third offense in the past 10 years, a refusal is 12 months; for .15 or over is 3 months. For a fourth or subsequent offense in the past 10 years, a refusal is 15 months; for .15 or over is 4 months.

ALS HEARING- Citizens under ALS have the right to a hearing to determine whether the officers properly observed certain procedural steps. THIS HEARING MUST BE REQUESTED IN WRITING WITHIN 30 DAYS OF YOUR ARREST OR YOU LOSE YOUR RIGHT TO IT. If the hearing is requested in time, you may qualify for a temporary license allowing you to drive without restrictions pending the outcome of the hearing.

If you win the hearing, your license is reinstated. Even if you do not request a hearing or lose at the hearing, you may be able to obtain a route-restricted license allowing you to drive for work or school purposes, but you will have to enroll in ADSAP first.

If your license has been suspended for ALS in Spartanburg County, the Spartanburg DUI lawyers at Holland & Usry can help you protect your rights and your license. Call us at 864-582-0416 to schedule a free consultation to discuss your ALS and DUI case.

BASICS OF DUI/DUAC CONVICTION PENALTIES IN SOUTH CAROLINA

As shown below, a DUI or DUAC conviction in South Carolina carries consequences that reach far beyond a fine or jail time. It is therefore crucial for anyone charged with DUI/DUAC to contact a lawyer to discuss their rights and possible defenses.

The Spartanburg DUI lawyers and Spartanburg DUAC lawyers Holland & Usry will fight for your rights because the stakes are high. If you have been charged with a Spartanburg County DUI or DUAC, please call us at 582-0416 to schedule a free consultation to discuss your case.

I. CRIMINAL PENALTIES

South Carolina law provides that a DUI or DUAC 1st offense is punished based on the breath test result as determined by the judge or jury. A refusal or breath test result of .09 or less is punishable by a $400 fine or not less than 48 hours nor more than 30 days in jail. The judge may substitute 48 hours of public service for the minimum jail sentence. Due to court assessments added to any fine, the fine for any DUI offense in South Carolina usually more than doubles. For example, the Spartanburg County DUI 1st offense fine for a refusal or breath test result of .09 or less is typically around $1000.00.

The criminal penalties for a South Carolina DUI or DUAC are summarized in this table. Remember court assessments will be added to these fines, so the actual payment will probably be more than double the fine listed:

Test Results	DUI 1st	DUI 2nd	DUI 3rd	DUI 4th and up
Refusal .09 or less	$400 fine OR Jail 48 hrs - 30 days Public service option*	$2100-5100 fine AND Jail 5 days - 1 year No public service	$3800-6300 fine AND Jail 60 days - 3 years No public service	Jail 1 - 5years No public service
.10 - .15	$500 fine OR Jail 72 hrs - 30 days Public service option*	$2500-5500 fine AND Jail 30 days - 2 years No public service	$5000-7500 fine AND Jail 90 days - 4 years No public service	Jail 2 - 6 years No public service
.16 and up	$1000 fine OR Jail 30 - 90 days Public service option*	$3500 - 6500 fine AND Jail 90 days - 3 years No public service	$7500 - 10,000 fine AND Jail 6 months - 5 years No public service	Jail 3 - 7 years No public service

* Available for minimum sentence only.

II. LICENSE SUSPENSION

For a DUI or DUAC 1st conviction, South Carolina law provides for license suspension of 6 months. For a DUI or DUAC 2nd conviction, the suspension is 1 year; for a DUI or DUAC 3rd conviction, 2 years, unless the conviction comes within 5 years of the date of the DUI or DUAC 1st, which causes a suspension of 4 years; for DUI or DUAC 4th offense and up, permanent license revocation.

PROVISIONAL LICENSE

A person convicted of DUI or DUAC 1st offense in South Carolina may be eligible for a provisional license valid for 6 months, but the person must first enroll in ADSAP and buy SR-22 insurance. The provisional license allows you to drive without restriction in South Carolina.

III. ADSAP

ADSAP is the abbreviation for South Carolina’s Alcohol and Drug Safety Action Program. Persons convicted of DUI in South Carolina must at least be enrolled in the program before they can get their South Carolina license back, unless they enrolled in ADSAP while under administrative license suspension. Completion of ADSAP is a condition of license reinstatement. The person must pay a fee of at least $500 to ADSAP (unless you are indigent) and attend time-consuming classes. ADSAP may also charge for additional treatment costs up to a total of $2,500.00.

IV. SR-22 INSURANCE

In South Carolina, persons convicted of DUI or DUAC must carry SR-22 insurance for 3 years, which causes their insurance premium to increase dramatically. Because the conviction remains on the driving record for 10 years, premiums may remain high for many years after a conviction.

V. LOSS OF SCHOLARSHIP/EMPLOYMENT OPPORTUNITIES

Students on South Carolina Life Scholarships are ineligible for the scholarship until after the expiration of 1 academic year from conviction.

License suspension can create frustration for the person convicted of DUI by forcing the person to get a ride to work if the person cannot obtain a provisional license. Worse, some employers have an anti-DUI policy, creating the threat of losing a current or future job as a result of a conviction. This can be especially true for traveling salesmen and commercial drivers’ license (CDL) holders.

VI. VEHICLE IMMOBILIZATION FOR SECOND VIOLATION AND UP

For a conviction from a 2nd violation and up, South Carolina requires vehicle immobilization for 30 days during the license suspension period. This means suspension and surrender of the registration and license plate. An innocent user of the vehicle may be able to use it, but must first get the DMV’s permission.

BASICS OF DRIVING WITH UNLAWFUL ALCOHOL CONCENTRATION (DUAC) IN SOUTH CAROLINA

In South Carolina, a person who is lawfully stopped by the police, then blows a .08 or higher may be charged with Driving with Unlawful Alcohol Concentration (DUAC). The penalties for a DUAC are the same as for a DUI. A PERSON IS NOT AUTOMATICALLY GUILTY OF DUAC JUST BECAUSE THE PERSON BLEW OVER A .08. In fact, South Carolina law provides citizens charged with DUAC with very important rights. Citizens charged with DUAC in South Carolina retain the most crucial right of all, the right to a jury trial. In a South Carolina DUAC trial, the breath test result is one fact the judge or jury considers. At trial, South Carolina law also allows people charged with DUAC to challenge the legality of certain events leading to the charge, from the reason for the traffic stop through the breath test. South Carolina law also entitles a person charged with DUAC to present evidence casting doubt on the validity of the test result, including the person’s driving, the person’s performance of field sobriety tests, and the videotapes made by the officer from the roadside and breath test room. Thus, a DUAC case is far more than just a breath test reading and is certainly not necessarily a slam dunk for the State to win.

A DUAC conviction can carry the same penalties as a DUI conviction. If you have been charged with a Spartanburg County DUAC, call the Spartanburg DUAC lawyers at Holland & Usry at 864-582-0416 to discuss your case.

FELONY DUI

South Carolina law provides for the enhanced charge of Felony DUI for anyone accused of driving under the influence who causes great bodily injury or death to another person.

The sentence for Felony DUI causing great bodily injury is mandatory imprisonment for 30 days to 15 years AND a mandatory fine between $5,100.00-$10,100.00 (which will probably be effectively doubled by court costs and assessments). Probation cannot be granted for any portion of the mandatory sentence. Driver’s license suspension is the period of imprisonment plus 3 years. “Great bodily injury” is defined as creating a substantial risk of death or causing serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

The sentence for Felony DUI causing death is mandatory imprisonment for 1-25 years AND a mandatory fine of $10,100.00-25,100.00 (which will probably be effectively doubled by court costs and assessments). Probation cannot be granted for any portion of the mandatory sentence. Driver’s license suspension is the period of imprisonment plus 5 years.

These are extremely serious charges you should not face alone. If you have been charged with a Spartanburg Felony DUI, call the Spartanburg Felony DUI lawyers at Holland & Usry at 864-582-0416 to discuss your case.

RECKLESS HOMICIDE

If death results from a DUI-related crash, the State can charge the driver with reckless homicide. In a reckless homicide case, the State accuses a citizen of driving a vehicle in reckless disregard of the safety of others, causing the death. The death must be caused by the allegedly reckless driving and occur within 3 years after the incident. A conviction results in up to 10 years in prison and/or a $1,000.00-$5,000.00 fine (which will probably be effectively doubled by court costs and assessments). The driver’s license is revoked for 5 years. After one year from the date of revocation, the driver may request the circuit court to reinstate it.

If you have been charged with a Spartanburg reckless homicide, call the Spartanburg reckless homicide lawyers at Holland & Usry at 864-582-0416 to discuss your case.