Experienced DUI & DUAC Defense in South Carolina
A DUI (Driving Under the Influence) or DUAC (Driving with an Unlawful Alcohol Concentration) charge in South Carolina can have far-reaching consequences that extend beyond just a fine. A conviction can lead to license suspension, job loss, skyrocketing insurance premiums, and even jail time.
Attorney J. Allen Mastantuno, a former lead DUI prosecutor in Berkeley County, has successfully handled hundreds of DUI cases, ranging from first-time offenses to felony DUIs involving death. His in-depth knowledge of South Carolina DUI laws and the strategies used by prosecutors allows him to build strong defenses for clients facing DUI charges.
Understanding DUI and DUAC in South Carolina
In South Carolina, there are two primary charges related to impaired driving:
- DUI (Driving Under the Influence): The prosecution must prove that you were materially and appreciably impaired while operating a motor vehicle due to alcohol, drugs, or a combination of both.
- DUAC (Driving with an Unlawful Alcohol Concentration): This charge applies if your blood alcohol concentration (BAC) was 0.08% or higher while operating a motor vehicle, regardless of whether you appeared impaired.
Both offenses carry serious penalties and can have long-term life changing consequences on your personal and professional life.
DUI Penalties in South Carolina
First Offense DUI (Misdemeanor)
- BAC .08% to .09% – Up to 30 days in jail or a $400 fine ($992 with assessments and surcharges)
- BAC .10% to .15% – Up to 72 hours to 30 days in jail or a $500 fine
- BAC .16% or higher – Up to 90 days in jail or a $1,000 fine
- License Suspension – 6 months
- ADSAP (Alcohol & Drug Safety Action Program) – Mandatory
- 6 months of Ignition Interlock Device (IID) – Mandatory
Second Offense DUI (Misdemeanor/Felony)
- BAC .08% to .09% – 5 days to 1 year in jail and a fine of $2,100 to $5,100 ($10,744.50 with assessments and surcharges)
- BAC .10% to .15% – 30 days to 2 years in jail
- BAC .16% or higher – 90 days to 3 years in jail
- License Suspension – 1 year
- ADSAP (Alcohol & Drug Safety Action Program) – Mandatory
- 2 years of Ignition Interlock Device (IID) – Mandatory
Third Offense DUI (Misdemeanor/Felony)
- BAC .08% to .09% – 60 days to 3 years in jail and a fine of $3,800 to $6,300 ($13,234.50 with assessments and surcharges)
- BAC .10% to .15% – 90 days to 4 years in jail
- BAC .16% or higher – 6 months to 5 years in jail
- License Suspension – 2 years
- ADSAP (Alcohol & Drug Safety Action Program) – Mandatory
- 3 years of Ignition Interlock Device (IID) – Mandatory
Felony DUI (DUI Resulting in Death or Serious Injury)
- DUI Resulting in Great Bodily Injury – 30 days to 15 years in prison and $10,100 fine ($21,119.50 with assessments and surcharges)
- DUI Resulting in Death – 1 year to 25 years in prison and $25,100 fine ($52,244.50 with assessments and surcharges)
Common DUI Defenses in South Carolina
At Mastantuno Law Firm, we take a strategic approach to every DUI case, challenging the prosecution’s evidence and fighting to protect your rights. Some common defenses include:
Challenging the Traffic Stop – Did law enforcement have probable cause to pull you over? If not, we can argue for case dismissal.
Questioning Field Sobriety Tests – These tests are subjective and often flawed. Medical conditions, road conditions, and improper administration can all impact results.
Disputing Breathalyzer or Blood Test Results – Breathalyzers must be calibrated and properly maintained. If there are issues with the test’s administration, the results may be invalid.
Violation of Miranda Rights – If officers failed to inform you of your rights, certain statements or evidence might be suppressed.
No Proof of Actual Impairment – A BAC of 0.08% does not automatically prove impairment. We challenge the assumption that you were unfit to drive.
DUI Administrative License Suspension – Act Fast!
If you refused a breath test or had a BAC of 0.15% or higher, your license was automatically suspended at the time of your arrest. You have only 30 days to request a DMV administrative hearing to contest the suspension and seek a temporary license.
Missing this deadline means you may lose your driving privileges for at least six months. Contact us immediately so we can take action to protect your ability to drive.
Frequently Asked Questions (FAQ) About DUI in South Carolina
DUI requires the prosecution to prove you were impaired, while DUAC is based purely on your BAC level.
Yes, but refusal leads to an automatic license suspension for six months due to South Carolina’s implied consent law.
Yes, in some cases, we can negotiate a reduction to reckless driving, which carries lesser penalties and does not require ADSAP or an Ignition Interlock Device (IID).
Between fines, court costs, ADSAP fees, and insurance increases, a DUI can cost anywhere from $5,000 to $10,000 or much more.
A first, second, or third DUI is typically a misdemeanor. However, a fourth DUI, DUI with serious injury, or DUI resulting in death is a felony.
No, DUI convictions cannot be expunged in South Carolina.
Yes, operating any motor vehicle, including golf carts and mopeds, while impaired can result in a DUI charge.
Call Mastantuno Law Firm Today
A DUI charge doesn’t have to ruin your life—but you need a skilled and aggressive defense attorney on your side. At Mastantuno Law Firm, we fight to protect your rights, challenge the evidence, and pursue the best possible outcome for your case.
Call us today at (843) 720-3741 We are ready to stand by your side and fight for your future.
CONTACT US
