What Are The Dui Laws In South Carolina?

Tue, 29 May 2007 21:19:00 GMT

A DUI arrest is actually two individual cases in the form of one driving under the influence charge. The first is the criminal case, and the second and less familiar, is the Department of Motor Vehicle Administrative Per Se suspension/revocation. The criminal charges are governed by criminal law while the Department of Motor Vehicles administration per se suspension/revocation are governed by administrative and civil law.

Do I Have A Right To Trial By Jury?

Tue, 29 May 2007 21:19:00 GMT

Many (particularly the press) have speculated that South Carolina's new DUI law (Driving With An Unlawful Alcohol Concentration) now takes away a person's right to a trial by jury (which has been done in other states under their per se illegal statutes). This is not correct. The law also states: A person who violates the provisions of this section is entitled to a jury trial and is afforded the right to challenge certain factors including, but not limited to, the following:

(a) evidence of field sobriety tests; (b) evidence of the amount of alcohol consumed by the person; and (c) evidence of the person's driving;

Does A Dui, A Refusal To Submit To Tests, Or Certain Bac Levels Will Result In The Suspension Of Driving Privileges?

Tue, 29 May 2007 21:19:00 GMT

Yes

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar Yes
Photo Radar Yes
Aircraft No
Laser Yes

How Can I Keep My License After A Dui Conviction?

Tue, 29 May 2007 21:19:00 GMT

In order to retain your license after a DUI conviction, a person must obtain SR22 insurance for 3 years.

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid by mail or in person.

How Long Is The License Suspension For A Bac Equal To Or Greater Than .10?

Mon, 04 Jun 2007 21:51:22 GMT

Driver must enroll in ADSAP within 30 days or license is suspended (regardless whether the driver is convicted of DUI). SR22 Insurance is not required after suspension.

How Long Is The License Suspension For A Bac Equal To Or Greater Than .15 (Dui 1st)?

Mon, 04 Jun 2007 21:51:22 GMT

30 day suspension (regardless whether the driver is convicted of DUI). Driver may challenge the suspension by requesting, within 30 days, an "administrative hearing." Pending this hearing, the driver may obtain a temporary license. To obtain a temporary license, the driver must, within 30 days, enroll in ADSAP. SR22 Insurance is not required after suspension.

How Long Is The License Suspension For A Bac Equal To Or Greater Than .15 (Dui 2nd Within 10 Years)?

Mon, 04 Jun 2007 21:51:22 GMT

60 day suspension (regardless whether the driver is convicted of DUI). Driver may challenge the suspension by requesting, within 30 days, an "administrative hearing." Pending this hearing, the driver may obtain a temporary license. To obtain a temporary license, the driver must, within 30 days, enroll in ADSAP. SR22 Insurance is not required after suspension.

How Long Is The License Suspension For A Conviction For Dui 1st Offense?

Tue, 29 May 2007 21:19:00 GMT

Driving privileges are suspended six months. To reinstate driving privileges, the driver must obtain SR22 insurance for 3 years (at a substantially higher rate than normal insurance premiums).

How Long Is The License Suspension For A Conviction For Dui 2nd Offense?

Tue, 29 May 2007 21:19:00 GMT

Driving privileges are suspended for oneyear. To reinstate driving privileges, the driver must obtain SR22 insurance for 3 years (at a substantially higher rate than normal insurance premiums).

How Long Is The License Suspension For A Refusal To Submit To Testing (Dui 1st)?

Tue, 29 May 2007 21:19:00 GMT

90 day suspension (regardless whether the driver is convicted of DUI). Driver may challenge the suspension by requesting, within 30 days, an "administrative hearing." Pending this hearing, the driver may obtain a temporary license. To obtain a temporary license, the driver must, within 30 days, enroll in ADSAP. SR22 Insurance is not required after suspension.

How Long Is The License Suspension For A Refusal To Submit To Testing (Dui 2nd Within 10 Years)?

Tue, 29 May 2007 21:19:00 GMT

180 day suspension (regardless whether the driver is convicted of DUI). Driver may challenge the suspension by requesting, within 30 days, an "administrative hearing." Pending this hearing, the driver may obtain a temporary license. To obtain a temporary license, the driver must, within 30 days, enroll in ADSAP. SR22 Insurance is not required after suspension.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Open intoxicants are prohibited in the vehicle.
Unoaded firearms are permitted in the vehicle. Handguns must be carried in closed compartment and require a permit.
Studded tires are permitted in snow and ice conditions.
Tire chains are not required.
South Carolina has a seat belt law with secondary enforcement for all front seat occupants and for all rear seat occupants if the vehicle is equipped with shoulder straps.
South Carolina has a mandatory child restraint law for passengers under 6 years of age. Adult safety belt may be used for children ages 46 in the front seat and 16 in rear seat.
South Carolina has a mandatory motorcycle helmet law for persons under 21 years of age.
Registration and insurance card must be carried in the vehicle.

What Are Temporary And Restricted Licenses?

Tue, 29 May 2007 21:19:00 GMT

A temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing. If the suspension is upheld at the administrative hearing, the temporary alcohol restricted license remains in effect until the Department issues the hearing officer's decision and sends notice to the person that the license is suspended. Afterward, the driver may apply for a special restricted driver's license if the driver is employed or enrolled in a college or university. The special restricted license permits driving only to and from work and school and in the course of work or school. To obtain this "route restricted" driver's license, the driver must also show the Department that work or school is further than one mile from the driver's home and that there is no adequate public transportation in between. If the suspension is overturned at the administrative hearing, the person shall have his driver's license reinstated and is not required to complete the ADSAP program and must be refunded any enrollment fees paid to ADSAP

What Are The Assessments Imposed By The Court?

Tue, 29 May 2007 21:19:00 GMT

In addition to the fine imposed for a DUI conviction, each person is subject to an assessment fee. For a conviction of a DUI 2nd or above, the assessment fee is 100% of the fine. For example, if a person is convicted of DUI 2nd , and the judge imposes a fine of $2000.00, an assessment fee of $2000.00 is automatically imposed on the offender. Plus he or she must pay a $100.00 surcharge and could be charged a conviction fee of $12.00. Fees for a conviction on DUI 1st are also assessed at 100%. Plus, there is a $25.00 victim fee and a $12.00 DUI fee for a total of $759.00.

What Are The Bac Limits?

Tue, 29 May 2007 21:19:00 GMT

What are the BAC Limits? Under South Carolina law, the legal BAC (blood / alcohol) limits are: (1) Less than .05 It is conclusively presumed that the person was not under the influence of alcohol. (2) Greater than .05 but less than .10 No inference whether the person was under the influence of alcohol, but that fact may be considered with other evidence in determining the guilt or innocence of the person. (3) Greater than .10 It may be inferred that the person was under the influence of alcohol.

What Are The Penalties For Felony Dui?

Tue, 29 May 2007 21:19:00 GMT

If a person is convicted of felony DUI for causing great bodily harm to another, he or she is subject to a mandatory fine of at least $5000.00. However, a fine up to $10,000.00 could be imposed. In addition to the fine, there is a mandatory imprisonment of at least 30 days in jail and that sentence could be increased up to 15 years. A person convicted of felony DUI when that person has caused the death of another, the mandatory fine is between $10,000.00 and $25,000.000. Plus that person must be imprisoned for at least 1 year and could be sentenced to 25 years in prison.

What Are The Penalties For First Offense Dui Conviction In South Carolina?

Mon, 04 Jun 2007 21:51:22 GMT

If you are convicted of a first offense DUI in South Carolina, you are subject to a fine of $300.00 or imprisonment for at least 48 hours. However, a person convicted of DUI 1st could have to serve up to 30 days in jail. Still, instead of being imprisoned for the minimum of 48 hours, a judge could sentence someone to 48 hours of public service.

What Are The Penalties For Fourth Offense Dui Conviction In South Carolina?

Tue, 29 May 2007 21:19:00 GMT

If a person is convicted of DUI 4th or more, he or she must serve at least 1 year in prison and could have to serve up to 5 years.

What Are The Penalties For Second Offense Dui Conviction In South Carolina?

Tue, 29 May 2007 21:19:00 GMT

For a conviction of second offense DUI, a person can be fined a minimum of $2000.00 up to $5000.00 and imprisoned for at least 48 hours or up to 1 year. The fine cannot be suspended in an amount less than $1000.00. Again, a judge could order a person convicted of DUI 2nd to at least 10 days of public service instead of serving time in jail.

What Are The Penalties For Third Offense Dui Conviction In South Carolina?

Mon, 04 Jun 2007 21:51:22 GMT

A conviction of DUI 3rd, carries a fine of at least $3,500.00 and could be as much as $6,000.00. Also, a 3rd offender must serve at least 60 days in jail and could be sentenced to as much as 3 years in prison.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Compulsory insurance law and financial responsibility law with both securitytype and future prooftype. Minimum limits: $15,000/30,000/5,000 and $1,000 medical/1,000 uninsured motorists. South Carolina has unsatisfied judgment funds law and uninsured motorists law.

What Are The Speed Limits In South Carolina?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted
Absolute Interstate 70 mph
Ltd Access Rds 55 mph
Other Primary Rds 55 mph
Residential 30 mph

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Is Dui?

Tue, 29 May 2007 21:19:00 GMT

The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .10 percent. Therefore, if it is proved that the person's BAC at the time of the incident was .10 percent or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed. As a practical matter, one drink would almost certainly not lead to a BAC of .10 percent or greater; generally, a person needs to have five drinks in an hour to develop a BAC of .10 percent. However, if there was something unique about the person or the drink, or other circumstance, one drink could raise the BAC above the legal limit. In contrast, the second definition does not refer to any particular BAC. It focuses on the driving behavior of the person; if it is impaired by the person's consumption of alcohol, he or she can be found guilty of drunk driving. Instead of presenting evidence of the BAC to a jury, the prosecution seeking a conviction under this definition generally presents testimony about the person's driving and consumption of alcohol. A police officer will often describe the impaired driving that lead him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol and if the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of drunk driving.

What Is The Implied Consent Law?

Tue, 29 May 2007 21:19:00 GMT

Any person driving a vehicle in the State of South Carolina is considered to have given his or her consent to submit to a breath test or a blood or urine analysis to check for the presence of alcohol or drugs or the combination of both. If a driver is stopped and ultimately charged with driving under the influence, the arresting officer must warn the driver that he or she has the right to refuse to take the test. In addition, the officer operating the DataMaster or breath testing machine must advise the driver that he or she has the right to a blood or urine test whether or not the driver submits to the breath test on the DataMaster. The driver who requests an additional test must pay for the requested test or tests. The arresting officer is also required to provide the driver with "affirmative assistance" in obtaining the additional tests. For example, if the motorist requests a urine test, the arresting officer is required to transport the driver to a medical facility that performs urinalyses.

What Is The Interstate Compact Act?

Tue, 29 May 2007 21:19:00 GMT

In 1961 the US Congress enacted the Interstate Driver License Compact. All states except Georgia, Massachusetts, Michigan, Tennessee and Wisconsin have elected to participate in the Compact Motorists traveling across state lines must remember that any traffic violation in any other state will effect their driving privileges in his or her home state. Therefore, before entering any type of plea on any traffic violation, find out from a knowledgeable source, the effect of the plea in the home state. In addition, there is second Compact and a NDR or National Driver's Registry.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death, personal injury, or property damage exceeding $1,000 must be reported immediately to the local authorities and within 15 days to the Department of Public Safety, P.O. Box 1498, Columbia, SC 292160001.

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding Yes
Parking Yes
Equipment Yes
DWI Yes

When Must I Use Headlights?

Tue, 29 May 2007 21:19:00 GMT

South Carolina requires that you have your headlights on whenever you are using your windshield wipers.