Learn More About South Carolina DUI Records

The South Carolina DUI laws state that any person intoxicated because of the use of drugs and/or alcohol is not allowed to drive a vehicle. An individual can be arrested for DUI offenses in South Carolina even when the drugs he or she has used are legal. It is not necessary that the blood alcohol content level exceeds 0.08%. Any person can be arrested by a law enforcement official if the latter thinks that the driver is intoxicated and needs to take a test. In a court proceeding the law enforcement agency and prosecution must prove that the person was intoxicated to a level that he or she was incapable of driving a motor vehicle. Otherwise the person cannot be prosecuted.

For more information you can go through http://www.sled.sc.gov/documents/impliedconsent/icregs.pdf?MenuID.

South Carolina DUI Records

The South Carolina Department of Motor Vehicles offers a driver record check for the public. In order to search for DUI records of South Carolina you need to go to https://www.scdmvonline.com/dmvpublic/trans/DRecPoints.aspx. You need to enter the driver’s license number and the social security number and date of birth in order to conduct a search. All records are preserved and maintained by the department and you can get details of the offense, the classification, and the penalties. There is no ‘washout period’ in South Carolina and the details go into your driving record.

South Carolina DUI Arrest

After a South Carolina DUI arrest is conducted, the law enforcement official has the responsibility to inform the driver that he or she needs to take a breath analyzer test. In the state of South Carolina, driving is considered to be a privilege and therefore every driver has some responsibilities. So whenever a driving license is given, it implies that you would abide by the driving rules and consent to a test whenever asked. This is known as ‘implied consent’. The accused has the right to refuse the test and opt for any other tests, like blood or urine sample test. In such circumstances, it is the responsibility of the particular officer to conduct the test. The cost of the tests, if asked by the accused, is to be taken up by the accused himself.

The permissible limit of the blood alcohol content, as per US guidelines, should be less than 0.08%. Interestingly, South Carolina DUI arrests need to be videotaped. It is mandatory to videotape the whole procedure of arrest and subsequent breath test of an accused. The videotaping must be done within a period of 3 hours after the arrest has been conducted.

In case videotaping is not possible, there should be proper affidavits filed stating the reason for the absence of the videotape recording. If this is not done, the case may be dismissed at a court of law.

South Carolina DUI Penalties

If you have been accused of a DUI offense in South Carolina your driving license would be automatically suspended. The period of suspension depends on your past driving records. For a first time offender, the license is revoked for 30 days while for a second time offender it happens for a period of 60 days.

The details of the penalties are given below.

If it is a first DUI offense, the common penalty is either a jail term (between 48 hours and 30 days) or a fine of up to $4, 00 or both.  The accused can also be sentenced to community service in lieu of jail term.

If it is a second DUI offense, the accused is either jailed for a minimum period of 5 days to a maximum period of 1 year or fined (between $2, 000 and $5, 000) or both. You can also be sentenced to public service instead of serving a jail term.

In case of a third DUI offense, a prison sentence of a minimum of 60 days to a maximum of 3 years and/or a fine, not less than $3, 800 and not more than $6, 300, is given.

If it is a fourth DUI offense it is considered to be a felony according to South Carolina DUI laws. The probable sentence includes a jail term of minimum 1 year and maximum 5 year.

If a DUI offense results in bodily harm to one or more than one individual(s), it is also treated as a felony DUI in South Carolina. The common penalty for it is a prison term (minimum 30 days, maximum 15 years) and/or a fine (minimum $5, 000, maximum $10, 000). If the DUI offense has resulted in the death of another, the punishment becomes all the more severe. The mandatory fine for this South Carolina DUI offense is at least $10, 000 and can scale up to $25, 000. The compulsory prison sentence is a minimum period of 1 year and a maximum of 25 years.