Greenville DUI Defense Attorneys

If you recently refused a chemical test and are now facing these consequences, we encourage you to reach out to our team at Sarratt & Horta Vorse, P.A. right away. We can review the details of your case, explain your legal options, and get to work on your defense. 

Penalties for a DUI Conviction in South Carolina

The severity of the punishments for a DUI conviction depends heavily on several factors, including whether it is your first, second, third, or subsequent offense and your BAC at the time of the arrest. A first-time DUI offense where your BAC was under 0.10% is generally charged as a misdemeanor. You could face up to $400 in fines, up to 30 days in jail, and a suspension of your driver's license for six months. However, if your BAC exceeded 0.16%, for example, the penalties increase to up to $1,000 in fines and up to 90 days in jail.

With each subsequent conviction, the penalties become much harsher. A second DUI offense within a ten-year period carries a fine of up to $5,100, a jail sentence of up to one year, and a one-year license suspension. A third offense within that same period elevates the charge to a felony, with potential jail time of up to three years, fines up to $6,300, and a two-year license suspension. Again, these penalties can increase with a higher BAC. A fourth or subsequent DUI conviction is also a felony, and you face a permanent revocation of your driver's license and a prison sentence of up to five years.

Additionally, South Carolina law treats DUI offenses that result in accidents with great bodily injury or death as felonies, with penalties that are significantly more severe than a standard DUI conviction. "Great bodily injury" refers to an injury that creates a substantial risk of death, causes serious and permanent disfigurement, or results in a protracted loss or impairment of a bodily member or organ. A conviction for felony DUI with great bodily injury carries mandatory imprisonment of not less than 30 days and up to 15 years, along with a fine between $5,100 and $10,100. 

When a DUI accident results in a person's death, you face a felony charge with even more severe consequences. This charge can result in mandatory imprisonment of not less than one year and up to 25 years. Fines for this offense are also significant, ranging from $10,100 to $25,100. 

Common DUI Defense Strategies

Our legal team at Sarratt & Horta Vorse, P.A. can carefully dig into every detail of your case, from the initial traffic stop to the chemical tests, to build a defense designed to protect your rights and future. We can potentially challenge the prosecution's case by identifying procedural errors, questioning the evidence, and arguing for the suppression of key information. Our attorneys always aim to secure the optimal outcome, whether that's getting your case dismissed entirely, securing an acquittal at trial, or negotiating with the prosecution to reduce the charges or lessen the penalties you face.

Some of the most common DUI defense strategies we may explore include:

• Challenging the traffic stop. An officer must have a valid legal reason to pull you over. This is known as "reasonable suspicion." If the officer did not have a proper reason to initiate the stop, all evidence gathered afterward, including the results of field sobriety tests and chemical tests, can be suppressed. This is a powerful defense that can lead to the dismissal of your case. For example, if the officer claims you were swerving, but dashcam footage shows you were driving normally, we may be able to argue the stop was illegal.
• Disputing the field sobriety tests. Field sobriety tests (FSTs) are highly subjective and susceptible to error. We can challenge the results of these tests by arguing that they were improperly administered. The National Highway Traffic Safety Administration (NHTSA) sets specific guidelines for how officers should conduct these tests. We may be able to use the officer's own dashcam or bodycam footage to show they did not follow these rules. Additionally, we can argue that other factors, such as uneven ground, poor weather, physical injuries, or medical conditions, unfairly influenced your performance.
• Contesting the chemical test results. Breathalyzer, blood, and urine tests are not infallible, and we may be able to challenge the accuracy of the chemical tests in your DUI case. We may be able to argue that the machine was not properly calibrated or that the sample was improperly collected, stored, or transported. Even if a chemical test shows a high BAC, we may be able to argue that the result does not accurately reflect your level of impairment at the time you were driving.

DUI charges demand a capable defense. Call (864) 635-6145 or contact us online to learn more about how we may be able to help.