Charleston Criminal Defense Attorney

Driving Under the Influence (DUI) Charges

Driving under the influence (DUI) of alcohol or drugs is a serious offense in South Carolina.

South Carolina bans driving under the influence of alcohol at a blood alcohol content (BAC) level of 0.08 or higher. A person with a BAC level between 0.05 and 0.08 can also face DUI charges if other evidence infers that the person is impaired behind the wheel. 

DUI Laws in South Carolina

Several laws factor into the severity of a DUI charge in South Carolina, including:

• Implied consent – South Carolina’s implied consent law means that by driving on the road in the state, you have consented to test for drugs, alcohol, and other substances in your systems if law enforcement arrests you for allegedly driving in public while intoxicated.
• Illegal per se – When issuing a DUI in South Carolina, the state operates under a per se law, which means “by itself” in Latin. This means that law enforcement does not need to prove any other signs of impairment to charge a person with a DUI if that person tests positive for a BAC of 0.08 or higher. 
• Open container – South Carolina law makes it illegal to have an open container of alcohol in any moving vehicle unless the container is concealed within the trunk or luggage compartment.

DUI Criminal Charges in South Carolina

Facing a criminal charge for driving under the influence in South Carolina is a scary and intimate situation for most people. 

The severity of a DUI charge and penalty depends on a multitude of factors, including:

• First offense – A person charged with a first offense of driving under the influence is subject to a fine of up to $400, imprisonment ranging from 48 hours to 30 days, and the suspension of their driver’s license for six months. 
• Second offense – A second DUI increases the potential penalties to a fine between $2,100 and $5,100, imprisonment from five days to one year, and suspension of their driver’s license for one year. 
• Third offense – Being charged with a DUI for the third time subjects a person to a fine between $3,800 and $6,300, imprisonment from 60 days to three years, and suspension of their driver’s license for two years. The penalties are enhanced if the third offense occurs within ten years of the first offense. 
• Four or more offenses – A person who is charged with a DUI four or more times is subject to one to five years imprisonment as well as having their driver’s license permanently revoked. 
• Felony DUI – A person commits a felony DUI charge when they are convicted of causing great bodily harm or death while driving under the influence. A felony DUI is punishable by a fine ranging from $5,100 to $25,100 and imprisonment from 30 days to 25 years, depending on the severity of the harm caused.

Impaired Driving Accidents in South Carolina

The National Highway Traffic Safety Administration (NHTSA) reports that an estimated 37 people are killed from a drunk-driving accident in the United States every day. 

NHTSA estimates that a drunk-driving-related fatality occurs once every 39 minutes nationwide, with alcohol-related traffic accidents resulting in an estimated 13,525 deaths in the country in one recent year. 

NHTSA further reports that 56 percent of drivers who were involved in a serious injury and fatal crash in one recent year tested positive for at least one drug. 

According to the South Carolina Department of Public Safety, more than 13,500 deaths resulted from drunk-driving accidents in one recent year. The Insurance Institute for Highway Safety (IIHS) reports that close to 560 drivers in South Carolina with a known BAC level died in a deadly drunk driving crash in one recent year, representing 40 percent of all driver-related fatalities in the state that same year. 

Contact our trusted Charleston defense attorneys at Henderson & Henderson if you or a loved one face DUI charges in South Carolina. Let us protect your rights and build a strong defense for your case. 

Drug Charges

Drug charges in South Carolina vary based on the type and amount of drug involved, as well as the specific circumstances of the case.

Possession

You cannot possess a controlled substance in South Carolina, which includes both illicit drugs as well as prescription drugs for which a person does not have a valid prescription. 

The National Library of Medicine (NLM) defines a controlled substance as a medication or illicit drug that is active in the central nervous system and can result in a physical and mental dependence that might lead to addiction. The NLM further elaborates that controlled substances can have significant adverse health consequences and large doses.

Law enforcement typically charges a person with drug possession when it is believed the person has custody of a controlled substance for personal use without the intention to sell or distribute it. 

Law enforcement can also charge a person with possession of drug paraphernalia, which applies to any device or material that the person intends to use for consuming, distributing, or manufacturing a controlled substance. 

Possession of a drug and drug paraphernalia can fall under two classifications:

Actual possession  

Actual possession means the drugs were found directly or immediately within a person’s possession. 

Law enforcement commonly finds drugs in a person’s hand or pocket.

Constructive possession  

Constructive possession is when a person has actual control of a drug, even if it is not under their physical control or actual possession at the time. This commonly applies when law enforcement finds drugs in a shared space and law enforcement believes the person knows of their presence. 

Examples of constructive possession are when law enforcement discovers drugs in a shared car, a shared home, or another shared space.

Distribution 

Distribution of or the intent to distribute controlled substances is illegal in South Carolina. It typically carries a heavier penalty than being charged with possession. 

People are commonly charged with distribution when law enforcement catches them in possession of a controlled substance in a way that is evident they intend to sell or distribute the drug.

Common factors that indicate a person most likely intends to sell or distribute a controlled substance include:

• The person is in possession of a large quantity of a drug that law enforcement could not reasonably deem the person will use for personal consumption
• Large amounts of money are present
• Law enforcement finds drug paraphernalia in a person’s possession
• Drug packaging materials are discovered, like small plastic bags or scales
• Evidence of communications with customers or suppliers exists, commonly in the form of text messages or witnesses

The distribution charge’s severity varies depending on the drug type and the degree of intended or actual distribution. 

Transportation or Trafficking

Trafficking and transporting controlled substances in South Carolina is illegal. 

Transporting typically involves moving a smaller quantity of a controlled substance or substances that are understood to be for personal use, while drug trafficking refers to the movement of larger amounts of a controlled substance or substances that law enforcement understands are intended to be distributed or sold. 

A drug trafficking charge carries more severe penalties than a drug transportation charge. 

Manufacturing or Cultivating

It is illegal to manufacture, produce, or process controlled substances in the state of South Carolina. 

It is also a crime to cultivate and grow marijuana in the state illegally. 

If you or your loved one face a drug charge in South Carolina, contact our diligent team of lawyers at Henderson & Henderson today to get the help you deserve to build a strong defense for your case.