Hilton Head DUI Lawyer
For Hilton Head Island, Bluffton, & Beaufort South Carolina (SC) Area
DUI is the offense of driving under the influence of alcohol and/or drugs. South Carolina has a legal blood alcohol level set at .08%. This means if you are stopped by police while operating a motor vehicle with a BAC of .08% or greater, you will be arrested on suspicion of DUI.
A DUI is a very serious charge and is a serious crime in every state and the consequences of being convicted can dramatically change your life. Your blood alcohol level is generally established by a breath test called an Intoxilyzer test. Being convicted of a DUI means you may face:
Jail time
Job loss
Loss of driver's license
Insurance coverage complications
Impoundment of vehicle
Ignition interlock device
Probation
Community service
Alcohol education/treatment/assessment
Restricted interstate or international travel
It is illegal in South Carolina to operate a motor vehicle while under the influence of drugs or alcohol. To be convicted of a DUI in South Carolina the prosecutor must prove beyond a reasonable doubt that a person’s physical and mental capabilities are impaired and cannot safely operate a motor vehicle.
South Carolina maintains a pre-conviction licensing action and a post conviction driver’s license suspension and restrictions. For the first offense of DUI, a driver’s license is suspended for 30 days, along with fines and/or occasionally, jail time. The second-offense DUI equates to a suspended license for 60 days along with fines and often jail time. It is critical to contact Kiker Law Firm if you have been arrested for a South Carolina DUI.
It is interesting to note that at this time, South Carolina is the only state encompassing mandatory videotaping of the DUI arrest and breathalyzer test by the arresting officer. This is the most precise and truthful representation following a DUI arrest. The law necessitated that the tape begins no later than when the officer activates the blue lights and conclude after the person is arrested for DUI. A video of the breath site must be included within three hours or the test itself may be suppressed. It must include the person being read their Miranda Warnings before field sobriety tests are administered. If this is not completed “by the book”, the tape can be suppressed in court or the case can be dismissed. There are times that videotaping the proceedings cannot materialize and in a case such as this, the arresting officer must complete a sworn affidavit verifying that it was impossible to tape the proceedings.
South Carolina Penalties
A person convicted of a first offense DUI is subjected to a fine of $400.00 or imprisonment of 48 hours to as much as 30 days in jail. Retaining your license after a first DUI conviction means a person must retain SR-22 insurance for 3 years.
A person convicted of a second offense DUI is subjected to a fine of $2,000.00 - $5,000.00 and imprisonment from 5 days to as much as 1 year.
A person convicted of a third offense DUI is subjected to a fine of $3,800.00 - $6,300.00 and imprisoned for 60 days to as much as 3 years.
A person convicted of a fourth offense DUI or more is subjected to a prison sentence of 1 year up to as much as 5 years. This may be considered a felony DUI.
A person convicted of a felony DUI means a person has caused great bodily injury to another person and is subjected to a mandatory fine of at least $5,000.00 to as much as $10,000. Moreover, a person may be imprisoned for 30 days up to as much as 15 years. If the person convicted of a felony DUI has been the cause of another’s death the fine increases to $10,000.00 - $25,000.00 and may be imprisoned anywhere from 1 year to 25 years.
Consider hiring an attorney.
Cases involving driving under the influence require the services of an experienced DUI attorney. An attorney at Kiker Law Firm will discuss the situation with you and explore all options possible. Making the decision of who should represent you is one of the most significant decisions that you may ever make and the Kiker Law Firm have skilled attorneys who will assist you through every step. If you or a loved one has been charged with a DUI, don’t hesitate to call Kiker Law Firm to have someone represent your best interests. Or, if a family member has died as a result of a DUI, you may be entitled to compensation and we can help.
Dedicated to the Client
DUI cases are highly technical and specialized fields. Kiker Law Firm has extensive experience in pursuing these cases. We understand what you're up against. It’s important to speak with a Hilton Head DUI attorney at Kiker Law Firm who can inform you of your rights.
We offer a free consultation and evaluation of your case. Simply complete a free consultation form online or call us at 843-842-7300. We'd be happy to meet with you and help you make an informed decision regarding your accident and injury claim.
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