What to Expect After a First Time DUI Charge in South Carolina

04.15.25

 

A first time DUI charge in South Carolina can be an overwhelming experience. The law is strict when it comes to driving under the influence, and the consequences of a conviction can affect your driving privileges, career, finances, and reputation.

At Mastantuno Law Firm, we have extensive experience defending DUI cases in Charleston, SC, and throughout South Carolina. If you’ve been arrested for DUI, understanding what to expect can help you prepare for the legal process and protect your future.

1. The Immediate Aftermath of a DUI Arrest

When you are arrested for DUI in South Carolina, you will go through several steps, including:

  • Booking and Processing: After your arrest, you will be taken to jail, where your fingerprints and mugshot will be taken.
  • Bond Hearing: Depending on the circumstances, you may be released on bond or your own recognizance.
  • License Suspension: If you refused a breath test or had a BAC of 0.15% or higher, your driver’s license is automatically suspended.
  • Notice of Suspension: You have 30 days to request an administrative hearing to fight the suspension.

What You Should Do:

  • Stay calm and avoid making statements to law enforcement—anything you say can be used against you.
  • Contact a DUI attorney as soon as possible to begin building your defense.

2. Understanding the Legal Process for a First-Time DUI

If you are facing a first-time DUI charge in South Carolina, you will go through the criminal court process, which includes:

Pre-Trial Motions and Evidence Review

Your DUI attorney will analyze the prosecution’s evidence, including:

  • Breathalyzer and field sobriety test results
  • Police dashcam and bodycam footage
  • The reason for the initial traffic stop

If there were errors in the arrest process, your lawyer may file a motion to dismiss certain evidence.

Trial or Plea Bargain

  • If your case goes to trial, the prosecution must prove beyond a reasonable doubt that you were driving under the influence.
  • Depending on the strength of the evidence, your lawyer may negotiate a plea deal for a lesser charge, such as reckless driving (a.k.a. a “wet reckless”).

3. Penalties for a First-Time DUI in South Carolina

Even for a first offense, a DUI conviction can result in severe penalties, including:

Additional consequences include:

  • Mandatory Alcohol and Drug Safety Action Program (ADSAP)
  • Community service hours
  • Higher insurance premiums (SR-22 insurance required)
  • Permanent criminal record (DUI convictions cannot be expunged in SC)

4. How a DUI Conviction Can Affect Your Future in South Carolina

A DUI conviction in South Carolina can have lasting consequences beyond the courtroom:

  • Employment Issues: Many employers run background checks, and a DUI conviction can impact your job opportunities.
  • Professional Licensing: If you hold a CDL, medical license, or law license, you may face disciplinary action.
  • Travel Restrictions: Some countries, including Canada, may deny entry to individuals with a DUI conviction.
  • Insurance Rate Increases: Your car insurance premiums will likely increase significantly.

5. Defenses Against a First-Time DUI Charge

A first-time DUI charge does not automatically mean a conviction. At Mastantuno Law Firm, we use proven defense strategies to fight DUI cases, including:

  • Challenging the Traffic Stop – If the police lacked probable cause, the entire case may be dismissed.
  • Breathalyzer & Field Sobriety Test Errors – Breathalyzers can produce false readings if they are not properly calibrated.
  • Violation of Miranda Rights – If the police failed to read your rights, key evidence may be thrown out.
  • Medical Conditions & External Factors – Certain health conditions or environmental factors can affect breathalyzer results.

6. Why You Need a South Carolina DUI Attorney

A DUI charge in South Carolina is serious. An experienced Charleston DUI lawyer can help you navigate the legal system and fight for a favorable outcome.

At Mastantuno Law Firm, we:

  • Analyze every detail of your case to identify weaknesses in the prosecution’s argument.
  • Challenge DUI evidence and breathalyzer accuracy.
  • Negotiate for reduced charges or alternative sentencing.
  • Defend your rights aggressively in court.

Take Action Now – Contact Mastantuno Law Firm

If you’ve been charged with a first-time DUI in South Carolina, don’t wait to seek legal help. The sooner you hire an attorney, the better your chances of minimizing penalties or getting the charges reduced.