Driving under the influence is one of the most common yet serious drunk driving offenses in South Carolina. Many people confuse the legal terminology of DUI and DWI, especially since some states distinguish between the two. In South Carolina, however, the law only recognizes DUI, while the term DWI is often used informally. Understanding theselegal terms and theirlegal consequences can be the difference between protecting your rights and facing life-changing penalties.
DUI vs DWI: What Do These Terms Mean?
Across the U.S., states vary in how they classifyImpaired Driving. Some treat DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) as separate charges, while others use them interchangeably.
- DUI: Refers to operating a vehicle with alevel of impairment caused by alcohol, drugs, orprescription medication.
- DWI: In some states, this refers to intoxication at a certainblood alcohol content threshold, but in South Carolina, there is no separate DWI offense.
Knowing these differences helps prevent confusion when navigating alegal issue like a DUI charge.
South Carolina DUI Law
The South Carolina Department of Public Safety enforces strict DUI regulations. Under state law:
- Ablood alcohol content of 0.08% or higher creates a presumption of impairment.
- Drivers under 21 face penalties with ablood alcohol content of 0.02% or higher under the state’simplied consent law.
- Officers often rely onField Sobriety Tests and analcohol check to determine impairment.
Even if your BAC is below 0.08%, you may still face charges if officers believe yourlevel of impairment makes you unsafe.
Penalties for DUI in South Carolina
First Offense:
- Fines starting at $400
- [time in jail: 48 hours to 30 days
- [driver’s license suspension: 6 months
- Possible enrollment inalcohol education programs
Second Offense:
- Higher fines up to $5,100
- [time behind bars: 5 days to 1 year
- 1-yeardriver’s license suspension
- Mandatory ignition interlock
Third and Fourth Offenses:
- Considered asevere offense
- Multi-yeartime in jail or prison terms
- Long-term or permanentdriver’s license suspension
Additional Consequences of DUI
DUI is more than just a traffic citation. It has far-reachinglegal outcomes:
- Employment: A conviction may affectjob opportunities.
- Insurance: Drivers face skyrocketinginsurance rates after DUI.
- Professional Impact: Some industries view DUI as atype of offense incompatible with professional standards.
- Community: The stigma of adrunk driving conviction is lasting.
Defenses in DUI Cases
Defenses may involve challengingField Sobriety results, questioning the reliability of BAC machines, or proving an unlawful stop. Anexperienced attorney can help craft atrial strategy that challenges weaknesses in the state’s case.
The Role of Legal Support
Facing DUI charges is a seriouslegal issue. A conviction brings not justlegal consequences, but also long-termlegal outcomes that affect your future. This is why many turn to alaw firm forlegal consultation andLegal guidance. The rightknowledgeable defense team provides more than courtroom representation. They deliverpeace of mind, strongtrial strategy, and ongoinglegal support matters that protect your rights.
Some firms such asContact Truslow & Truslow advertise DUI defense, while others highlight specific roles like aCharleston DUI defense attorney. Regardless, the key is working with a team that understands the complexities of DUI law.
Administrative Hearings and Implied Consent
In addition to criminal court, drivers face anadministrative hearing with the DMV. This process often determines whether a license is suspended under theimplied consent law. Failing or refusing analcohol check orField Sobriety Tests typically results in immediatedriver’s license suspension, regardless of trial outcomes.
Conclusion
DUI is treated as asevere offense in South Carolina, carrying fines,time in jail,driver’s license suspension, and long-lastinglegal consequences. Unlike other states, South Carolina does not differentiate between DUI and DWI, treating allImpaired Driving cases under the DUI statute. Drivers must understand their rights, the law, and the importance oflegal consultation in addressing this complexlegal issue.
About The Ted Law firm
The Ted Law Firm is committed to serving South Carolina residents facing challenging legal issues .We serve families across Aiken, Anderson, Charleston, Columbia, Greenville, Myrtle Beach, North Augusta and Orangeburg. .With years of dedication, the firm continues to provide dependable representation and support, ensuring that clients have access to aknowledgeable defense team and a path toward bette rlegal outcomes. Contact us today for a free consultation