Being arrested for Driving Under the Influence (DUI) in South Carolina is serious—and the consequences can affect your job, your driver’s license, and even your freedom. But a charge is not a conviction. There are legal defenses available, and with the right strategy, it’s possible to reduce or even dismiss a DUI charge.

At Mastantuno Law Firm, we defend clients across South Carolina who are facing DUI charges—and we know how to spot the weaknesses in the state’s case.

What Happens After a DUI Arrest in South Carolina?

After a DUI arrest in SC, several things happen quickly:

• You may receive an immediate license suspension if you refused a breathalyzer or blew over 0.15%.
  
• You’ll be scheduled for an administrative hearing (called an “Implied Consent” hearing) to challenge that suspension.
  
• You’ll also have a separate criminal court date to address the DUI charge itself.
  

You only have 30 days to request a hearing to challenge your license suspension, so time is critical.

Key Defenses to DUI Charges in South Carolina

Here are some of the most common and effective defenses a South Carolina DUI attorney may use:

1. Illegal Traffic Stop

Police must have reasonable suspicion to pull you over. If the stop itself was unlawful, any evidence gathered—including a breath test—can be thrown out.

2. Improper Field Sobriety Tests

Officers must follow strict procedures when conducting field sobriety tests. If the tests were administered improperly or under poor conditions (like uneven ground or poor lighting), their results may be unreliable.

3. Breathalyzer Machine Malfunctions

South Carolina law requires that the breathalyzer machine be properly calibrated and maintained. Your attorney can request maintenance logs to look for technical issues that could invalidate the results.

4. Medical Conditions or Medications

Certain medical conditions (like GERD or diabetes) and some prescription medications can lead to false positives on breath or blood tests. This is especially true for portable breath tests used roadside.

5. Failure to Follow South Carolina DUI Arrest Protocols

South Carolina law requires that DUI arrests be video recorded, starting from the traffic stop through field sobriety tests and breath testing at the station. If video is missing, obstructed, or improperly handled, your case could be dismissed.

6. Lack of Probable Cause for Arrest

Even if there’s a stop, an officer still needs probable cause to arrest you for DUI. If your behavior or test results don’t meet that standard, the arrest may be challenged.

7. Rising BAC Defense

Alcohol takes time to absorb into the bloodstream. If your BAC rose after you were stopped but before you were tested, your BAC at the time of driving may have been under the legal limit.

What Are the Penalties for DUI in South Carolina?

DUI penalties in SC depend on the number of prior offenses and your blood alcohol content (BAC):

• First Offense: Up to 90 days in jail, $400+ in fines, license suspension, mandatory ADSAP classes
  
• Second Offense: Up to 3 years in jail, higher fines, ignition interlock device required
  
• Third Offense or More: Felony-level charges, longer jail time, permanent license revocation possible
  

A conviction stays on your record forever—there’s no expungement for DUI in South Carolina.

Why You Need an Experienced South Carolina DUI Attorney

Trying to fight a DUI charge on your own is extremely risky. An experienced South Carolina DUI attorney can:

• Analyze video footage and police reports
  
• Cross-examine the arresting officer
  
• File motions to suppress unlawfully obtained evidence
  
• Represent you in both administrative and criminal hearings
  
• Negotiate for reduced charges or plea agreements
  
• Take your case to trial if necessary
  

At Mastantuno Law, we understand the high stakes. Our legal team has successfully defended clients facing DUI charges across Charleston, Mount Pleasant, North Charleston, and surrounding areas.

Don’t Let a DUI Charge Define Your Future

If you’ve been arrested for DUI in South Carolina, contact Mastantuno Law Firm immediately. The sooner you act, the more options we’ll have to fight the charge and protect your license, your reputation, and your future.

Reach out today for a free, confidential consultation. We’re here to defend you—every step of the way.