Is it possible for a first DUI in South Carolina to be dropped?

As in every other state, driving under the influence (DUI) is a criminal offense in the State of South Carolina. Under South Carolina's DUI laws, driving with a blood alcohol concentration (BAC) of .08 percent or above is a "per se" violation. This means that a driver does not have to be visibly intoxicated to be charged if his or her BAC meets this measure. South Carolina's laws set the BAC limit even lower for commercial drivers and drivers under 21 years of age. These laws also extend to other intoxicants such as controlled substances (i.e., marijuana, cocaine) and inhalants.

A first DUI conviction in South Carolina incurs the following penalties:

With a Blood Alcohol Content Under .10

• License Suspension - 6 Months
• Fine - $400
• Jail – Minimum of 48 Hours – Maximum of 30 Days, or
• 48 Hours of Public Service Employment

With a Blood Alcohol Content .10 and Under .16

• License Suspension - 6 Months
• Fine - $500
• Jail – Minimum of 72 Hours – Maximum of 30 Days, or
• 72 Hours of Public Service Employment

With a Blood Alcohol Content Above .16

• License Suspension - 6 Months
• Fine - $1,000
• Jail – Minimum of 30 Days – Maximum of 90 Days, or
• 30 Days of Public Service Employment

A good attorney may help you avoid a DUI conviction if he or she can show that you were not legally intoxicated at the time of the arrest. For example, the attorney may discover that the calibration for the testing equipment was off indicating a false positive. If so, the case may be dropped. However, even if the case is not dropped, a court may allow you to do public service hours in lieu of actual jail time.

Talk with an experienced lawyer regarding DUI laws in South Carolina.