A DUI Is A Serious Charge, So You Need A Serious Defense
Getting a DUI charge in the Surfside Beach, Myrtle Beach or surrounding areas is not the same as getting a traffic ticket or other violation; it is a serious charge that involves mandatory penalties and can carry severe consequences for you beyond those imposed by the criminal justice system. That is why you need a DUI attorney who can help you establish a defense and attempt to help minimize the potential consequences for you.
When most people hire a drunk driving attorney, the first time they actually meet their attorney is at their court hearing. I believe that it is important to get to know my clients and learn their side of the story, which is why I will go to the jails and detention centers where my clients are to meet with them. If you are facing DUI charges, let me, attorney David E. Rigney, help you establish a strong defense.
South Carolina Has Serious Penalties For DUI
It is illegal to drive a motor vehicle if you are under the influence of alcohol, and in South Carolina, the state prohibition starts at .05 blood alcohol content (BAC), an amount that can be reached after as few as two drinks. If you have a BAC of 0.08 while driving, then you are presumed to be intoxicated, and you will be arrested. For a first offense, you will face a fine of up to $400, along with a period of imprisonment lasting from two to 30 days, and a suspension of your license for up to six months. The punishments grow exponentially for repeated offenses, with a fourth offense resulting in one to five years in prison.
These consequences are simply too serious to ignore, and you need to speak to a lawyer who has experience in DUI defense. At Rigney Law Firm in Surfside Beach, I know how to work with the criminal justice system to negotiate a deal for you that minimizes the charges if you want to plead to reduce your potential punishments, or I can help you fight the charges in court if the evidence supports your innocence. I will do my utmost to help you and be with you every step of the process.
Repeat DUI Offenses Carry Harsher Penalties
When you face a second or third DUI charge in South Carolina, the stakes rise dramatically. These punishments can affect every aspect of your life, from your freedom to your finances. Understanding these enhanced penalties can help you grasp the seriousness of your situation.
Second DUI Offense
A second DUI conviction within 10 years brings significantly harsher punishments than a first offense, including:
- For BAC levels below 0.10, you might face five days to one year in jail or prison and fines between $2,500 and $10,000.
- For BAC levels between 0.10 and 0.16, the court may sentence you to 30 days to two years in jail or prison and impose fines ranging from $2,500 to $11,000.
- BAC levels above 0.16 may result in 90 days to three years in jail or prison, with fines ranging from $2,500 to $13,000.
Beyond the immediate jail time and fines, the courts may also impose additional requirements, including a mandatory installation of an ignition interlock device at your own expense. The judge will also order you to complete the Alcohol and Drug Safety Action Program (ADSAP) and maintain SR-22 insurance.
Third DUI Offense
A third DUI conviction carries even more serious consequences that can drastically change your life. These include:
- For BAC levels below 0.10, the prison sentence ranges from 60 days to three years, while fines are typically between $7,000 and $12,000.
- For BAC levels between 0.10 and 0.16, the court may sentence you to 90 days up to four years in prison and impose fines ranging from $10,000 to $15,000.
- For BAC levels above 0.16, you face six months to five years in prison and fines between $14,000 and $20,000.
The consequences of a third DUI extend far beyond your prison sentence and fines. The DMV may suspend your license for an extended period, and the state may classify you as a habitual offender. A third DUI conviction also creates serious obstacles when you search for employment, as many employers conduct background checks and hesitate to hire individuals with multiple DUI convictions.
South Carolina DUI: Common Questions And Honest Answers
When I meet with clients after a DUI arrest, I see the same worried expressions and hear the same urgent questions. These concerns keep you awake at night, and you deserve honest answers right now – not legal jargon or vague reassurances. Below, I answer the questions that reflect real situations I handle every day to give you a clearer picture of what lies ahead.
How much money does a typical lawyer charge for DUI defense?
The cost of hiring a DUI attorney in South Carolina depends on several factors, including the complexity of your case and whether it goes to trial. Many attorneys offer flat-fee arrangements for these situations, which cover everything from the initial consultation through plea negotiations. More complex cases, especially those involving high BAC levels or repeat offenses, often cost more because they require additional work and court appearances.
If your case goes to trial, the total cost can range from $5,000 to $15,000 or more because trials demand significant preparation time, witness examination and courtroom work. These fees cover the attorney’s time reviewing evidence, negotiating with prosecutors, filing motions and representing you in court.
Is it worth getting a lawyer for a DUI case?
Without an attorney, you face the full weight of South Carolina’s harsh DUI penalties, including fines, jail time, license suspension and a permanent criminal record. An experienced attorney can examine every detail of your case, challenge improper arrest procedures and negotiate with prosecutors to reduce your charges or minimize your penalties. In many cases, skilled legal representation leads to dismissed charges when law enforcement violates your rights or makes critical errors during the arrest process. The money you invest in an attorney protects not just your immediate freedom but your long-term ability to work, drive and move forward with your life.
How do you get a DUI dismissed in South Carolina?
While dismissals are not common, they do happen when police officers fail to follow proper procedures or violate your constitutional rights. As your lawyer, my job is to thoroughly examine every aspect of your case to find weaknesses in the prosecution’s evidence. The common grounds for a DUI dismissal include:
- Lack of reasonable suspicion for the initial traffic stop
- Improper administration of field sobriety tests
- Breathalyzer calibration issues or maintenance problems
- Gaps in the chain of custody for blood samples
- Violation of your Miranda rights during arrest
- Medical conditions that mimicked intoxication symptoms
While not every case results in dismissal, a thorough investigation often reveals opportunities to weaken the prosecution’s case and improve your outcome. The sooner you contact me after your arrest, the more options we have to pursue a dismissal or a favorable outcome.
Contact My Office Today
If you are facing a DUI charge, then you need to get a strong defense today. Call my Surfside Beach office at 843-919-7474 or contact me online so that you can schedule an appointment with me today. I will do my best to help you and ensure that your rights are respected.