FAQs On South Carolina DUI
DUI charges happen to people from all walks of life. For many people, a DUI charge is their first contact with the criminal justice system. As such, they have a number of questions surrounding a DUI arrest. The following are some of the frequently asked questions we encounter at The Law Offices of Marion M. Moses, LLC. Of course, every situation is unique, and nothing can replace the personalized advice you receive by meeting in person with a lawyer.
Will I lose my license? If you are convicted of a DUI, yes, your driver’s license will be suspended for at least six months. If this is a repeat offense, the length of your license suspension may be longer. Also, under the implied consent laws of South Carolina, If you submit to a breath or blood test and your BAC is a .15% or higher, then your driver’s license will be suspended for 30 days.
If I lose my license, how will I get to work? In some cases, it may be possible to get temporary driver’s license or a restricted driver’s license. A temporary license will allow you to drive anywhere in the State of South Carolina. A restricted license will enable you to travel to work and/or school. Often, there are certain court-ordered requirements, such as enrolling in a treatment program, like ADSAP, or installing an ignition interlock device, that must be met in order to qualify for a restricted license.
Will I be sent to jail? It depends on the circumstances surrounding your arrest. At a minimum, you could receive a significant fine and the loss of your license. If you have multiple DUI convictions or were involved in an accident, you face the very real possibility of a jail term. We will do everything we can to help you stay out of jail.
I passed the field sobriety tests. Why was I arrested? Field sobriety tests exist for the benefit of the police. They are designed to give the officer probable cause to make an arrest and take you to the station. They are not designed to exonerate you. A DUI traffic stop and arrest may be based on erratic driving, slurred speech, the odor of alcohol or other factors.
What is an ignition interlock? Ignition interlock is a device installed on the steering column of your vehicle. It is similar to a Breathalyzer; you blow into before turning the key and the car will not start if it detects any alcohol on your breath. Even first-time DUI offenders may be required to get an ignition interlock before their driving privileges are restored.