Greenville DUI lawyer
Arrested for DUI in Greenville? Deadlines start immediately, and one of them is not in the criminal case at all.
- Former state and federal prosecutorsSloan Ellis and Brandi Hinton
- U.S. Attorney's Award for Excellence in Prosecution2020 and 2021
- Free consultation, with an attorneyNot an intake screener
If you were arrested for DUI in Greenville, you probably have a lot of questions, including what happens to your license, whether you’re facing jail, and how this could affect your job. A DUI is a serious criminal charge, but an arrest isn’t a conviction.
Both managing attorneys at Ironside Criminal Defense are former state and federal prosecutors. They know how these cases are built, from the traffic stop to the breath test. Our Greenville DUI attorneys will tell you what’s coming before it happens and work to get you the best outcome possible. Call 864-568-4750 for a free consultation.
What Counts as a DUI in South Carolina?
In South Carolina, it’s a crime to drive under the influence of alcohol, drugs, or both to the point where you are “materially and appreciably impaired” (S.C. Code Section 56-5-2930). You can be charged with DUI even if your alcohol concentration was under .08.
There’s also a related charge called driving with an unlawful alcohol concentration (DUAC), which is based on a BAC of .08 or more (Section 56-5-2933). If your test was done within two hours of your arrest and the officer had a valid reason to stop you, the State can prosecute the case as DUAC instead of DUI. You can’t be prosecuted for both.
DUI Penalties in South Carolina
The penalty for a DUI depends on your alcohol concentration, and whether you’ve had a DUI or DUAC before. A prior one counts if it happened in the last 10 years, in any state, and ended in a conviction, a guilty or no-contest plea, or forfeited bail. Section 56-5-2930 outlines the ranges:
| Offense | Level found | Fine | Jail |
|---|---|---|---|
| First | Base | $400 | or 48 hours to 30 days |
| .10 to under .16 | $500 | or 72 hours to 30 days | |
| .16 or more | $1,000 | or 30 to 90 days | |
| Second | Base | $2,100 to $5,100 | 5 days to 1 year |
| .10 to under .16 | $2,500 to $5,500 | 30 days to 2 years | |
| .16 or more | $3,500 to $6,500 | 90 days to 3 years | |
| Third | Base | $3,800 to $6,300 | 60 days to 3 years |
| .10 to under .16 | $5,000 to $7,500 | 90 days to 4 years | |
| .16 or more | $7,500 to $10,000 | 6 months to 5 years | |
| Fourth or later | Base | None | 1 to 5 years |
| .10 to under .16 | None | 2 to 6 years | |
| .16 or more | None | 3 to 7 years |
The higher ranges apply only if the judge or jury finds your alcohol concentration was .10 or more. A refusal, or a result under .10, falls in the first range for each offense. Otherwise, the base range applies.
For a first offense, the judge may allow public service instead of the minimum jail time, but it’s not always guaranteed. Every conviction also requires the Alcohol and Drug Safety Action Program (ADSAP), an assessment followed by education, treatment, or both.
When Does a DUI Get Labeled as a Felony?
A felony DUI charge applies when the actions of a driver under the influence led to great bodily injury or the death of another person. A felony DUI carries a mandatory sentence and fines, with no suspension or probation:
- Great bodily injury: 30 days to 15 years
- Death: one year to 25 years
Your Driver’s License After a DUI Arrest
Under South Carolina’s implied consent law, anyone arrested for DUI is treated as having agreed to testing. A refusal, or a result of .15 or more, leads to a notice of suspension effective from the date of the arrest.
With no DUI conviction or DUI-related suspension in the past 10 years, the suspension lasts six months for a refusal and one month for .15 or more. A prior conviction or suspension makes it longer, up to 15 months for a refusal or four months for .15 or more.
Can the Suspension Be Contested?
Within 10 days of the notice, you may request a contested case hearing on the suspension alone with the Office of Motor Vehicle Hearings and apply for a temporary alcohol license to drive until the decision is made. You may also choose to enroll in the ignition interlock program, which puts a breath-testing device in your car for the time left on the suspension, or three months if less than that is left. Once you enroll, you can’t switch back.
At the hearing, it’s up to the officer to show the suspension should stand. If neither appears, the suspension is canceled. If you don’t request a hearing, or if the suspension is upheld, you’re required to go through ADSAP. Our attorneys will walk you through what this means for your situation.
How a DUI Case Moves Through Greenville Courts
A DUI case in Greenville moves through three stages:
- Release: A judge sets the bond, which can include the payment of money to secure your release and any conditions such as home incarceration.
- Court: A first offense can be tried in magistrate court, the county court for lower-level offenses, or in municipal court for a city arrest. Second and later offenses go to General Sessions, the circuit court’s criminal division. Our attorneys will request all available evidence and go through it.
- Resolution: The case ends in a dismissal, a plea, or a trial.
We’ll walk you through every step of the process and outline what you should expect.
What a DUI Conviction Can Affect
- Your driver’s license: After a conviction, the ignition interlock device is no longer optional. The law requires it for six months after a first offense, two years after a second, and longer after that, up to life.
- Your job: A conviction disqualifies a driver from commercial driving for at least a year, even after a DUI in a personal vehicle. A second conviction can mean a lifetime disqualification (Section 56-1-2110).
- Your insurance: An insurer can’t raise your premiums, add surcharges, or cancel your policy based only on a DUI charge. That protection ends if you’re convicted.
- Your immigration status: A DUI can affect immigration status. Our attorneys look at that before advising anyone who isn’t a U.S. citizen.
Will a DUI Stay on Your Record?
A DUI charge is not eligible for pretrial intervention (PTI). A DUI conviction can also never be expunged. An arrest that doesn’t end in a conviction is treated differently. If a magistrate or municipal court DUI is dismissed, dropped by the prosecutor, or ends in a not-guilty verdict, the court orders an expungement, which removes the arrest from your record at no cost. It does this on its own if you were fingerprinted, or when you apply, unless the charge was dismissed at a preliminary hearing or related charges are pending in General Sessions.
What Our Attorneys Look at in a DUI Case
Our attorneys’ role is to work to get you the best outcome possible, so one charge doesn’t define your future. We start with what defenses you may have, including whether the stop and the arrest were lawful. Most officers follow these rules carefully, and we check each step:
- The video: The law requires video from the blue lights through the arrest, including field sobriety tests, and of the whole breath test.
- Your Miranda rights: The video of your arrest has to show you being advised of your Miranda rights, including your right to remain silent.
- The breath test: The sample has to be collected within two hours of the arrest by a certified operator on a machine that was working properly.
- Your independent test: You can have a qualified person of your choosing run an additional test at your expense. If you ask, the officer must help, and failing to help bars the breath result.
If Someone You Love
Was Arrested for DUI
If you’re reading this for someone you love, we can help you figure out what happens next. Here’s what you should do before speaking with our team:
- Find the ticket and any notice of suspension. The date on it matters for the license hearing described above.
- Avoid talking about what happened on calls from the detention center. Those calls are recorded, and many times the prosecutor or officer will listen to them.
- Write down any past DUI charges in any state, with dates, and bring any bond conditions.
How Ironside Criminal Defense Approaches DUI Cases
A DUI case has a lot of moving parts, and you need an experienced attorney that knows how to manage every step. Here’s what you can count on when you work with our team:
- Honest about what’s likely: You’ll hear what’s likely before it happens, including what may happen to your license.
- Two former prosecutors on every case: Sloan Ellis and Brandi Hinton spent years as state and federal prosecutors, so they know how a DUI case is built and what the State has to prove.
- Your story reaches the prosecutor early: We make sure they hear your side before the file is the only thing they’ve seen.
- No added fee for trial: If your case goes to trial, our fee doesn’t go up.
Greenville DUI FAQs
Short answers. None of them replace a conversation about your own case.
Can You Refuse a Breath Test in South Carolina?
You can refuse a breath test in South Carolina, but refusing has consequences. Before any test, you must be told in writing and out loud, on video, that you don’t have to take it but that refusing leads to the license suspension described above. That refusal may be used against you in court.
Will You Go to Jail for a First DUI in South Carolina?
A first DUI conviction in South Carolina doesn’t automatically mean jail. The law sets a fine or a jail term for a first offense. We’ll tell you honestly what’s likely in your case.
What If the Driver Is Under 21?
A driver under 21 faces a much lower limit. An alcohol concentration of .02 or more means a license suspension under Section 56-1-286 of three months, or six months if they’ve had a DUI-related conviction or suspension in the past three years. If the officer goes this route, the driver can’t also be prosecuted for DUI or DUAC for the same stop.
If you have been charged,
the clock is already running.
Talk With a Greenville DUI Lawyer
Whether you were arrested or you’re calling for someone you love, it helps to know where you stand before you decide anything. Tell us what happened, and we’ll explain what you’re facing. Our team offers free case reviews. Call 864-568-4750 or reach our team through our contact page.
A charge doesn't have to define your future
What comes next depends on how you move forward from it. Tell us what happened, and we will tell you what you are facing. Our consultations are free, and with an attorney.
- [email protected]
- Office
- 21 Augusta Street, Suite C
Greenville, SC 29601 - Consultations
- Free, and with an attorney. Sloan or Brandi reads every inquiry.