According to South Carolina DUI law section 56-5-2933 it is unlawful for a person to drive a motor vehicle within the state of South Carolina while his/her alcohol concentration is .08% or greater. However, you can still be arrested for DUI even without being over the legal limit of .08%, providing that the prosecutor in your case can prove that you were driving with impaired physical and mental faculties after consuming alcohol. It is imperative that you have a lawyer to help you with your South Carolina DUIcase, in order to avoid having the highest fines and punishments given to you as a result of your court appearance.
If you are driving a vehicle in the state of South Carolina, you are automatically implying your consent to take the breath, blood, or urine test to determine blood alcohol levels if requested by an officer. If you do not submit to this test, you will face stricter fines and penalties, as well as the assumption of guilt during your court case. However, South Carolina DUI laws say that you have the choice as to which of the three tests you give, and the officer must cooperate to provide you with the facilities necessary to take the test you desire.
In South Carolina all DUI arrests must be videotaped. This helps keep the officers honest, and serves as an accurate assessment of the level of impairment of the individual in question. South Carolina is quite unique in this regard and the officer is required to begin videotaping from the moment he puts his lights on until the arrest has been completed including submission of a breath sample.
The breath sample is required to be submitted within 3 hours of the beginning of the videotape or else there may be grounds for suppression of the the entire videotape itself. If you are arrested for a South Carolina DUI and the field sobriety test and subsequent arrest were not videotaped, your attorney may be able to use this fact in your court case to get some of the evidence against you suppressed and possibly a lesser sentence.
Note: In addition to the above penalties, the state of South Carolina will likely require you to take an alcohol education and treatment program.
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SR-22 insurance is required in the state of South Carolina after a DUI conviction. This type of insurance is classified as 'high risk' meaning you are a higher risk to the insurance companies so consequently they will charge more for taking on more risk. This can get very expensive if you sign up for one of these policies with the wrong company.
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