Home » Parenting Articles » South Carolina Cracks Down on DUI
South Carolina Cracks Down on DUI
Once known for its lenient punishments for DUI, South Carolina passed tough new laws that came into effect February 10, 2009.
July 30, 2009 /Parenting PR News/ -- South Carolina Cracks Down on DUI
Article provided by Richard J. Breibart
Visit us at www.breibartlaw.com
South Carolina was known as having some of the most lenient punishments for driving under the influence (DUI) in the country. As the number of alcohol-related fatalities in automobile accidents climbed, however, the state legislature decided that enough was enough and passed sweeping changes to South Carolina's DUI laws in 2008. These changes came into effect February 10, 2009.
Under the 2009 changes, penalties for DUI convictions are determined based on the driver's blood alcohol content (BAC) level. The higher the BAC, the more severe the possible punishments. An outline of these changes is provided below.
First DUI Conviction
The court cannot suspend the fine for a first-time conviction or offer a lower amount than required by state law.
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 jail OR 30 days of community service
-$1,000 fine
Second DUI Conviction
In overhauling the DUI laws, the legislature removed the possibility of performing community service in lieu of jail time for second-time and subsequent DUI offenders. The court also may not suspend the fine for second-time offenders, but it may lower the fine to $1100. Second-time and subsequent offenders also will be required to serve minimum mandatory jail time and are subject to suspension and surrender of their vehicle registrations and license plates.
BAC 0.08-0.09
-Mandatory minimum 5 days in jail
-May be sentenced up to 1 year in jail
-$2,100-$5,100 fine
BAC 0.10-0.15
-Mandatory minimum 30 days in jail
-May be sentenced up to 2 years in jail
-$2,500-$5,500 fine
BAC 0.16 and above
-Mandatory minimum 90 days in jail
-May be sentenced up to 3 years in jail
-$3,500-$6,500 fine
Third DUI Conviction
BAC 0.08-0.09
-Mandatory minimum 60 days in jail
-May be sentenced up to 3 years in jail
-$3,800-$6,300 fine
BAC 0.10-0.15
-Mandatory minimum 90 days in jail
-May be sentenced up to 4 years in jail
-$5,000-$7,000 fine
BAC 0.16 and above
-Mandatory minimum 6 months in jail
-May be sentenced up to 5 years in jail
-$7,500-$10,000 fine
Fourth and Subsequent DUI Conviction
BAC 0.08-0.09
-Mandatory minimum 1 year in jail
-May be sentenced up to 5 years in jail
BAC 0.10-0.15
-Mandatory minimum 2 years in jail
-May be sentenced up to 6 years in jail
BAC 0.16 and above
-Mandatory minimum 3 years in jail
-May be sentenced up to 7 years in jail
Refusal to Take a Breathalyzer
Anyone suspected of drunk driving who refuses to take the breathalyzer will have his or her license automatically suspended for six months (under the previous law, it was three months). Anyone who has a BAC reading of 0.15 or greater also automatically loses his or her driver's license for six months. The length of license suspension time increases with each subsequent DUI conviction. For example, a second-time offender who refused to take the breathalyzer each time will have his or her license automatically suspended for nine months.
Felony DUI
A felony DUI may now be charged in any alcohol-related accident that causes great bodily injury or death to another person where the injury or death is caused by the actions of the impaired driver. "Great bodily injury" is defined under the statute as injury that "creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ."
The fines for causing great bodily injury range from $5,100-$10,100. Jail time can range from a mandatory minimum of 30 days to 15 years.
Drivers convicted of felony DUI in accidents that led to the death of another, however, face much more severe penalties: up to $25,000 in fines and up to 25 years in prison. Judges must impose the mandatory minimum sentences and may not offer probation to those convicted of felony DUI.
Mandatory Counseling
Even first-time offenders now must successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services as a condition of their sentence for a DUI conviction. Before enrolling in a program, each DUI offender is evaluated to determine whether an education course, treatment or both are necessary. DUI offenders are required to pay for the program out of pocket, which may cost up to $2500. Those who fail to enroll in an acceptable program within 30 days of their conviction may be held in contempt of court.
Underage Drinkers
Drivers under 21 years of age who are convicted of DUI will have their driver's licenses suspended for six months for a first time conviction. If they are convicted of DUI a second time within five years of the first conviction, they will lose their licenses for one year.
Drive Carefully
Before getting behind the wheel, consider South Carolina's harsh punishments for DUI. If you have been arrested for DUI, be sure to consult an attorney for advice.
Article provided by Richard J. Breibart
Visit us at www.breibartlaw.com
---
Press release service and press release distribution provided by http://www.24-7pressrelease.com |
|
|
Press Release Contact Information:
Findlaw PR
|
|
|
|
|
|
|
Advertise With Us |
About Us |
Contact Us