How Likely Is Jail Time for Your First DUI in South Carolina?

Even for first-timers, South Carolina imposes minimum jail terms or fines on defendants convicted of Driving Under the Influence (DUI). The duration of jail terms and fines depend largely on what the person’s Blood Alcohol Content (BAC) level was at the time they were driving. Conviction is not limited to circumstances where someone is found guilty by trial verdict.

If you forfeit bail or enter a guilty or no contest plea, the courts regard those acts as having the same effect as conviction after trial. This is why you should know your rights and obtain legal representation far before you are branded with a DUI conviction. Christopher L. Jones is an experienced attorney who understands the South Carolina legal system. This background makes Christopher L. Jones a strategic lawyer who is prepared to give you a fierce defense.

Blood Alcohol Content (BAC) and Your Right to Refuse

The general rule concerning drinking and driving prohibits adult drivers from operating a motor vehicle within South Carolina when they have a BAC of 0.08 percent or higher.

South Carolina is burdened with proving beyond a reasonable doubt that a defendant’s “faculties to drive a motor vehicle” were “materially and appreciably impaired” by alcohol or drugs. Prosecutors offer evidence of impairment through the testimony of a qualified witness, someone who is certified by the South Carolina Criminal Justice Academy to administer a BAC test, according to the policies of the State Law Enforcement Division.

Police regularly ask someone to take a breathalyzer test upon being pulled over on suspicion of DUI. Section 56-5-2953 has strict rules governing law enforcement’s administration of these tests, including administrators’ obligation to inform drivers of their right to refuse to submit to a breathalyzer. There are consequences for exercising that right. Your driving privileges will be automatically suspended or denied for at least six months unless you enroll in the Ignition Interlock Device Program. The State is also permitted to use your refusal against you in court.

Minimum Jail Terms Based on BAC and the Public Service Alternative

South Carolina law sets minimum detention periods or fines for people convicted of DUIs in § 56-5-2933. This section sets out punishments based on a court’s ultimate determination of a defendant’s BAC. The same section allows courts to offer public service employment to defendants instead of jail time.

These are the statutorily enacted sentences for persons convicted of their first DUI:

BAC between 0.08 and 0.10 percent

You must pay a $400 fine or be incarcerated for 48 hours to 30 days. However, the court may allow you to complete 48 hours worth of public service employment in place of jail time.

For BAC between 0.10 and 0.16 percent

Your punishment is a $500 fine or imprisonment for 72 hours to 30 days. A judge may also let you choose to work 72 hours in public service in lieu of incarceration.

For BAC of 0.16 percent or higher

You will be ordered to pay $1,000 or imprisoned for 30 to 90 days. Still, the court can allow you to avoid jail time if you take part in public service employment for 30 days.

Having a South Carolina Lawyer for a First-Time DUI Reduces Your Likelihood of Jail Time

When you want a bold defender on your side, Christopher L. Jones is here to fight for your DUI defense. He has a small enough firm to get to know you and your case personally, but his skillful approach to protecting clients’ rights leads to big results.

Contact Christopher L. Jones to explore your options for a satisfying resolution to your DUI case and to understand the likelihood of jail time in South Carolina.