2009 Changes to South Carolina's DUI Laws
South Carolina, once among the most lenient states when it came to drunk driving penalties, recently passed sweeping changes to its DUI laws.
August 22, 2009 /24-7PressRelease/ -- 2009 Changes to South Carolina's DUI Laws
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South Carolina has long been a desirable vacation destination for couples, families and college students seeking to take advantage of the state's beautiful beaches and mild temperatures. In fact, nearly 14 million people visit Myrtle Beach and the Grand Strand areas of the state each year.
When people are away from home and on vacation, they may be less likely to think about the consequences of drinking and driving than they would in their home states. Although South Carolina's drunk driving laws were once among the most lenient in the nation, the legislature passed sweeping changes to the state's DUI laws that went into effect in February of 2009. These changes apply equally to residents of South Carolina, out-of-state visitors and college students.
Under the new laws, DUI charges are now determined by a person's blood alcohol content (BAC). The laws carry higher fines and longer jail sentences, and judges are required to impose mandatory minimum sentences for even first time offenders.
First Time DUI Offense
Someone receiving a first time DUI can expect the following penalties based on the driver's BAC:
BAC 0.08-0.09
-2-30 days in jail OR 48 hours of community service
-$400 fine
BAC 0.10-0.15
-3-30 days in jail OR 72 hours of community service
-$500 fine
BAC 0.16 and above
-30-60 days in jail OR 30 days of community service
-$1000 fine
South Carolina law also now requires both first time and subsequent offenders to complete a substance abuse counseling program as part of their sentence. The program may be an education program, treatment program or combination of both, depending on the individual's needs. Each DUI offender is required to pay for their own program, which may cost as much as $2500.
Second and Subsequent DUI Offenses
South Carolina counts DUIs or convictions for similar offenses in other states as previous convictions under South Carolina law so long as they happened within 10 years of the current DUI offense. This means that if someone vacationing at Myrtle Beach received a DUI conviction in their home state five years ago and then is charged with a DUI in South Carolina during their trip, the person will be charged with the more serious second DUI offense.
In strengthening DUI penalties, the legislature removed the possibility of substituting community service hours for jail time for subsequent offenders. A person convicted of their second DUI will be required to spend a minimum of five to 30 days in jail, depending on the driver's BAC:
BAC 0.08-0.09
-Mandatory minimum five days in jail
-May be sentenced up to one year in jail
-$2100-$5100 fine
BAC 0.10-0.15
-Mandatory minimum 30 days in jail
-May be sentenced up to two years in jail
-$2500-5500 fine
BAC 0.16 and above
-Mandatory minimum 90 days in jail
-May be sentenced up to three years in jail
-$3500-6500 fine
The mandatory minimum amount of jail time further increases for a third conviction within a 10 year period: those with the lowest BAC can expect to spend a minimum of 60 days in jail while those with a BAC over 0.16 can expect to spend six months behind bars. Third time DUI offenders also will feel the pinch in their wallets -- the minimum fines range from $3800 to $7500.
Second and subsequent DUI offenders also may be required to surrender the registration and license plates of any vehicles they own.
Longer License Suspension for Underage Drinkers
In an effort to curb underage drinking in the state, the legislature increased the amount of time of license suspension for drivers under 21 who are charged and convicted of a DUI. The new law provides that underage drivers will lose their driver's license for six months following their first DUI conviction. A subsequent conviction within five years will result in loss of their driving privileges for one year.
Penalties Doubled for Refusing the Breathalyzer
Penalties also were increased for those drivers who refuse to submit to a breathalyzer test at the time of their DUI arrest. Previously, a refusal resulted in an automatic license suspension for three months. The new law, however, includes an automatic driver's license suspension for six months.
Felony DUIs
The legislature also changed the state's felony DUI statute to allow the more serious charges to be brought against any impaired driver who causes an accident that results in "great bodily injury or death" to another person. The penalties vary depending on whether another person was injured or killed as a result of the accident:
Great bodily injury
-Fines up to $10,100
-Mandatory minimum jail time: 30 days
-Maximum jail time: 15 years
Death of another
-Fines up to $25,000
-Mandatory minimum jail time: One year
-Maximum jail time: 25 years
Conclusion
If you are charged with a DUI or other drunk driving offense while visiting or vacationing in South Carolina, it is important to seek experienced legal help. The charge will not go away on its own and may have serious consequences on your driving privileges in your home state. Most states now use DUI convictions in other states as a basis for previous convictions and to suspend and/or revoke driving privileges of their own residents. To minimize the consequences of a drunk driving charge, contact a knowledgeable attorney today.
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