Being charged with driving under the influence (DUI) in South Carolina is a serious criminal matter. In addition to a criminal record and the damage to your reputation in the community, you may be facing heavy fines, mandatory community service, and even a jail sentence.
As if all of the above penalties are not bad enough, simply being charged for DUI or refusing to take a breath or blood alcohol test could result in an automatic driver’s license suspension. If you are facing this type of situation, it is important to be aware of your options for getting your license reinstated.
DUI License Suspension
Under Section 56-5-2930 and 2933 of the South Carolina Motor Vehicle Code, it is illegal to drive under the influence of alcohol, even if the amount consumed is below the standard minimum of .08 BAC. Lower amounts are charged as driving with an unlawful alcohol concentration (DUAC). While your BAC level influences the severity of the penalties you face, even lesser amounts or refusing to take the breathalyzer or blood alcohol test can result in having your driver’s license suspended for 6 months or more.
In cases where being unable to drive could have dire effects on your job or family, the South Carolina Department of Motor Vehicles (SCDMV) advises that you may be entitled to apply for a provision or route restricted license, if you meet the following requirements:
You must have previously had a SC driver’s license
You must have no other driver’s license suspensions following the current one
You must pay the $100.00 provisional driver’s license fee
You must be enrolled in ADSAP, the South Carolina Alcohol and Drug Safety Action Program
In addition to being a requirement for getting a provisional license, the ADSAP program is also required for those who have been convicted with DUI or DUAC, those who have had their license suspended for refusing to take the breath or blood alcohol test, and those whose BAC registered higher than .15.
Additional Actions If Your License Is Suspended For DUI
It is important when dealing with DUI charges to consult with an experienced DUI defense attorney right away. Additional actions to take if you have been charged and have had your license suspended include:
Get a copy of the police report from the night you were arrested
Get a copy of your breathalyzer or blood alcohol content results
Use caution when making any comments about the circumstances leading up to your arrest, and avoid posting anything about it on social media
It is important to refrain from driving completely during this period, as failing to do so could result in your license being revoked.
Get Help Today
If you or someone you care about has been charged with DUI, contact the Surasky Law Firm. Our experienced South Carolina DUI defense attorneys can help ensure your rights are protected, while assisting you in getting best possible results in your case.