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South Carolina DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law and DUI / DWI for South Carolina on
Q: In South Carolina, what is the usual sentence for a conviction of throwing of bodily fluids?

A 25yo white male pulled over for wreckless driving, refuses a breath test and is arrested for DUI... Said offender spits on the officer during the arrest and is charged with 24-13-470 -throwing bodily fluids, 56-05-2930 - dui 1st refuse test, 44-53-0370 - possession of marijuana, and... View More

T. Augustus Claus
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answered on Dec 12, 2023

Throwing bodily fluids is a felony with a maximum penalty of five years imprisonment and a $5,000 fine. DUI 1st offense refusal is a misdemeanor with potential penalties including a fine up to $400, imprisonment up to 30 days, and a one-year driver's license suspension.

Possession of...
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2 Answers | Asked in DUI / DWI for South Carolina on
Q: can breath results not be admissible if longer than 2 hours
Casey Brown
Casey Brown
answered on Sep 27, 2023

In SC, there is a two hour limit on breath tests. However, recent caselaw has created an exception in cases where the officer was required to perform other duties related to the incident and has provided an affidavit explaining what they had to do prior to taking the person to the breath testing... View More

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2 Answers | Asked in DUI / DWI for South Carolina on
Q: can breath results not be admissible if longer than 2 hours
T. Augustus Claus
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answered on Sep 26, 2023

In South Carolina, the admissibility of breath test results in DUI cases can depend on various factors, including the timing of the test. Although there may not be a strict "two-hour rule," the longer the time between the alleged offense and the test, the more room there is for... View More

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1 Answer | Asked in DUI / DWI for South Carolina on
Q: I have a Sd license but convicted of dui in Sc. paid all fines to court. I still drive but not in Sc. Am I legal
Casey Brown
Casey Brown
answered on Jun 20, 2023

When an out-of-state driver is convicted of DUI in SC and their home state is a part of the interstate compact agreement (SD is a part of it), then SC DMV will notify the home state DMV. Typically, the home state DMV will require the driver to satisfy the SC requirements to reinstate their license.... View More

1 Answer | Asked in Criminal Law and DUI / DWI for South Carolina on
Q: What does sc "Highway rights Of Way"(SC section 61-4-110) mean? This is in open container stature.

I was not pulled over by officer or on a highway of any type. I had an empty container in my car in the trash bag in car . I was cited with violation of open container statue. I had pulled off highway to turn into a motel for night, as I was moving. It was one am and I was extremely tired. My car... View More

Casey Brown
Casey Brown
answered on Dec 14, 2022

SC Highway Right of Way is the side of the road that is next to the highway. The distance from the highway, other structures or nature, as well as whether that location is within a municipality would determine if a vehicle is within the right of way of the highway. You may want to consult an... View More

1 Answer | Asked in DUI / DWI for South Carolina on
Q: DUI can police charge someone three days after the incident
Stephen Grooms
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Stephen Grooms
answered on Nov 16, 2022

Yes, there is no statute of limitations on when an officer can charge a DUI. Generally these types of cases are when an accident has occurred and the defendant is unable to be detained due to medical care.

1 Answer | Asked in DUI / DWI and Traffic Tickets for South Carolina on
Q: Is an overnight stay in jail required for DUS?

This past Monday I was driving my husband, who had been at the VA and received a narcotic pain medication and could not drive himself, home at 2:30 am. The officer stated I was speeding and that is why he stopped me. I immediately told him I knew my DL was suspended but the only reason I was... View More

Casey Brown
Casey Brown
answered on May 26, 2024

There are different levels or offenses (1st, 2nd, 3rd or subsequent) which carry different consequences that a driver will face if charged. The officer has more discretion the lower the offense so while it may not have been necessary to spend the night in jail it is at times left to officer... View More

1 Answer | Asked in DUI / DWI and Traffic Tickets for South Carolina on
Q: Does this apply to me.

I am a 20yo male I got pulled over and charged with 63-19-2450, I also attend college.

Casey Brown
Casey Brown
answered on Jan 6, 2023

A small exception does exist in the statute you cited so the answer would depend on the specific facts and circumstances. I would advise you to have an attorney guide you through the legal process to protect your rights and resolve the matter.

1 Answer | Asked in Civil Rights, Constitutional Law, DUI / DWI and Traffic Tickets for South Carolina on
Q: How long can the police hold a fire arm that was confiscated out my vehicle

I got pulled over and was charged with the DUI a few months ago and I allowed the officer to search my vehicle and I told him where my firearm was they took it and the next day when I was released from the jail they didn't give it back how long are they allowed to keep it before I can have it back

James Thomas
James Thomas
answered on Sep 3, 2022

If the firearm is evidence in the case for some reason (it doesn't sound like it, but for example, someone might also be charged with unlawful carry in addition to DUI), then they'll hang on to it for at least as long as the case stays pending in court. But if not, then they should be... View More

1 Answer | Asked in DUI / DWI for South Carolina on
Q: Chances w/Dui blew <.10 urine + thc &methadone had rx & been 8-10 hr prior to stop admitrd to smoking day befor

I did swerve but was not impares at all

Casey Brown
Casey Brown
answered on Jun 29, 2022

DUI in SC depends on a number of factors and this part of the law is very nuanced. There is also a deadline to file certain documents such as the request for an administrative hearing. When dealing with substances, there are "therapeutic levels" for certain substances. This may require an... View More

1 Answer | Asked in DUI / DWI and Domestic Violence for South Carolina on
Q: I got a domestic assault charge a few months back, it got dropped, but I still have another court date. Do I have to go?

I didn't get bonded out of jail, I stayed 3 weeks and the judge let me out after then. The person that I hit didn't show up to testify against me so they had to drop it, I have another court date do I have to show up?. I live in tennessee.

Stephen Grooms
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Stephen Grooms
answered on May 19, 2021

I would recommend you reach out to the court via the clerk of court's office to verify your charge was dismissed and your presence in court is no longer needed. They should be able to direct you as to how to get verification of the dismissed/nol prossed charge in writing. You will need to look... View More

1 Answer | Asked in DUI / DWI for South Carolina on
Q: I have a court date in aug for a DUI arrest. I have been on unpaid leave from work since March and can’t pay

I have a company sponsored pension payment in September of this year and would have the money then.

What should I do?

John W. Molony
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answered on Jul 17, 2020

I would be happy to discuss this matter further with you. Please feel free to call me at 843-762-5732 to discuss this further.

Thanks

1 Answer | Asked in DUI / DWI for South Carolina on
Q: How can you find a lawyer who won’t take advantage of you, especially if you are in your 70s, and sober 29 years?

Friend was arrested for DUI, however she is sober 29 years. She’s in her 70’s, she was driving recklessly for her, because she was talking on phone and trying to get a piece of candy out of a wrapper. They did not give her a breath test or offer one. She failed her physical sobriety test... View More

Stephen Grooms
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Stephen Grooms
answered on Jun 11, 2019

A DUI arrest, charge and potential conviction could in fact be solely due to intoxication as the result of taking prescription drugs. Your friend has a lot going for her due to her age and lack of alcohol or drug use, but she will still need zealous representation to ensure her best defense. The... View More

1 Answer | Asked in DUI / DWI for South Carolina on
Q: Charged for DUI b/c of suspicion of alcohol. Test negative for alcohol, but now being charged for DUI b/c of THC.

I was involved in a motorcycle accident when a women pulled out of her driveway in front of me. I was airlifted to the hospital and nearly died. The SC state trooper found me at fault based on him suspecting me of being under the influence of alcohol. I had not consumed any alcohol and the only... View More

Stephen Grooms
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Stephen Grooms
answered on Aug 1, 2018

While you can be prosecuted for DUI based on marijuana alone, it is very tough to prove that the amount of THC in a person's system had an impact on them at the time of the accident. I would advise you to speak to a criminal defense attorney before court. You have options, and a consult with... View More

1 Answer | Asked in DUI / DWI for South Carolina on
Q: If my dui 2nd was in oct 2012 do I still have to get interlock device in my truck now in 2017
William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2017

The requirements for getting reinstated do not "age off." You must (sooner or later) follow all the rules for reinstating your license.

Contact this DUI Specialist in South Carolina, and tell him you were referred to him by William Head of Atlanta. Follow his instructions, and...
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1 Answer | Asked in DUI / DWI for South Carolina on
Q: If convicted on a DUI in a non-sr22 state (i.e.; Pa) do I need sr22 in South Carolina when I get my license here? Now SC

I've complied with all conditions of Pennsylvania criminal code and DMV. Scheduled restoration on April 6, 2017 by Pennsylvania. But, I'm now (and have been since February 2016) a SC resident. SC requires sr22 if convicted of dui, and Pennsylvania does not. I have no driving history in... View More

Freddy Woods
Freddy Woods
answered on Jul 7, 2017

Yes, South Carolina will require that you get SR-22 insurance and may require that you take an ADSAP course. Contact the DMV in South Carolina to find out what additional requirements they may have for you.

1 Answer | Asked in DUI / DWI for South Carolina on
Q: Is there anyway to get a wreck less homicide conviction expunged? It was from a dui accident that happened when I was 20
Freddy Woods
Freddy Woods
answered on Jul 7, 2017

A Reckless Homicide is outside the classes of crimes that normally can be expunged. In rare cases, you can get a pardon. Consult a lawyer that deals with pardons and expungements.

1 Answer | Asked in DUI / DWI for South Carolina on
Q: My DUI was dismissed but the DMV told me I couldn't get my DL back. What can I do

I took a breathelazar and blew 0.00 I wasnt under the influence my passenger was on the other hand and wasn't even asked any questions. Was told I was pulled over for one thing but got arrested for DUI

Freddy Woods
Freddy Woods
answered on Jul 7, 2017

The DMV will require that you complete the ADSAP (Alcohol & Drug Safety Action Program) in South Carolina. If you complete this program then you can get your license back as long as you don't have any other holds on your license.

1 Answer | Asked in DUI / DWI for South Carolina on
Q: What am i facing for a 1st dui and 3 child endangerment in sc
Freddy Woods
Freddy Woods
answered on Jul 7, 2017

Here is the short answer. The DUI could land you in jail for up to 30 days and the child endangerment charges could have you in jail for up to 15 years. It is important for you to consult a lawyer as soon as possible to defend you on your charges.

1 Answer | Asked in DUI / DWI for South Carolina on
Q: Can a dui in South Carolina be dropped for racial profiling?

I was put down as white but my primary race is American Indian. I am registered through my tribe.

Freddy Woods
Freddy Woods
answered on Jul 7, 2017

The short answer is "yes" but racial profiling that is not accompanied by a criminal act can be dismissed at the evidence phase of the case if certain factors are present. However, if during a stop based upon racial profiling there is found to evidence of a crime, then it is more... View More

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