DUI Lawyer in Myrtle Beach

Facing DUI charges in Myrtle Beach can be overwhelming and intimidating, especially if you were charged while on vacation here. However, to lessen the stress and give you the best chance at receiving a positive outcome, The Lovely Law Firm is here to assist residents and tourists with various DUI charges, including:

• A first-time DUI
• A second offense
• A felony DUI
• An underage DUI
• Accidents involving a golf cart
• Driving under suspension
• Vehicular homicide
• Reckless driving
• Other traffic violations

A skilled DUI defense attorney from our team at The Lovely Law Firm will show our dedication by defending your DUI case in Myrtle Beach and the surrounding areas, with a single vision: achieving the best possible outcome for you.

The penalties for DUI-related offenses in South Carolina can be severe, having not only legal consequences, but also collateral consequences that affect various aspects of your life. However, with the right legal representation, it may be possible to have charges reduced or dismissed. We are well-versed in a range of effective defense strategies, and when we meet to discuss your case, we’ll guide you in choosing the best path toward a favorable resolution.

What Is A DUI In South Carolina?

In South Carolina, a DUI is defined as operating a motor vehicle while under the influence of drugs or alcohol to the extent that it has physically impaired your ability to drive. This means that if your physical or mental faculties are noticeably affected by alcohol, you can be charged with a DUI. Additionally, a blood alcohol concentration (BAC) of 0.08% or higher creates a legal presumption that you were driving under the influence, making it easier for prosecutors to prove the offense. The law focuses on whether alcohol has impaired your capacity to drive safely, not just the specific BAC level.

Is A DUI The Same As A DWI In South Carolina?

DUI and DWI are often used as different charges for driving under the influence in other states, but there is a distinction to be made for South Carolina. Unlike some states that use the term “DWI” (Driving While Impaired or Driving While Intoxicated), South Carolina exclusively uses “DUI” (Driving Under the Influence) to refer to impaired or drunk driving of most kinds. If you come across the term “DWI,” you can assume it has the same intended meaning as DUI in South Carolina, as the state does not use “DWI” for legal purposes.

However, South Carolina does have a separate charge known as “Driving with an Unlawful Alcohol Concentration” (DUAC). The key difference between a DUI and a DUAC in South Carolina is in the evidence required. A DUI charge involves proving that the driver was impaired, whereas a DUAC focuses strictly on the driver’s blood alcohol concentration (BAC), and not their impairment or inability to drive. If the BAC is above the legal limit, a DUAC charge can be issued even if there are no signs of impairment. This makes the legal standards for a DUAC different, but both DUI and DUAC are serious offenses that carry significant consequences.

Legal Penalties For DUI In South Carolina

The legal penalties for a DUI charge in South Carolina vary based on the specifics of the offense. If the driver has prior DUI convictions, the penalties typically become progressively more severe, with increased fines, longer jail time, and extended license suspensions for each additional offense. The consequences are also more severe if the DUI accident results in injuries, fatalities, or property damage. In cases involving accidents, particularly those causing bodily harm or death, the charge can be elevated to a felony, which carries much harsher penalties than a first-offense DUI, including substantial prison time and significant financial restitution. The circumstances of each case play a crucial role in determining the severity of the penalties a driver may face.

• First Offense

  • Fine – Up to $400 (totaling $992 with assessments and surcharges)
  • Imprisonment – 48 hours to 30 days
  • Driver’s License Suspension – 6 months

• Second Offense

  • Fine – $2,100 to $5,100 (totaling $10,744.50 with assessments and surcharges)
  • Imprisonment – 5 days to 1 year
  • Driver’s License Suspension – 1 year

• Third Offense

  • Fine – $3,800 to $6,300 (totaling $13,234.50 with assessments and surcharges)
  • Imprisonment – 60 days to 3 years
  • Driver’s License Suspension – 2 years
    • If the third offense occurs within 5 years of the first, the suspension is 4 years.
    • If the third or subsequent offense occurs within 10 years of the first, the vehicle used must be confiscated if the offender is the owner or a resident of the owner’s household.

• Fourth or Subsequent Offense

  • Imprisonment – 1 to 5 years
  • Driver’s License – Permanent revocation

• Felony DUI (Causing Injury or Death)

  • Great Bodily Injury
    • Mandatory Fine – $5,100 to $10,100 (totaling $21,119.50 with assessments and surcharges)
    • Imprisonment – 30 days to 15 years
  • Death
    • Mandatory Fine – $10,100 to $25,100 (totaling $52,244.50 with assessments and surcharges)
    • Imprisonment – 1 to 25 years

It’s also important to note that as of May 2024, South Carolina requires all individuals who have been convicted of a DUI to have an interlock device installed in their vehicles for a minimum period of six months for first time offenders. These legal penalties for a DUI conviction highlight the increasing seriousness of DUI offenses, with harsher consequences for repeat violations and incidents involving injury or death.

What Is A Felony DUI?

A felony DUI charge is a severe offense in South Carolina that involves operating a vehicle while under the influence of alcohol, drugs, or a combination of both, leading to the death or causing “great bodily injury” to another person. To seek a felony DUI conviction, the prosecution must demonstrate several elements beyond a reasonable doubt, including:

• The individual was driving a vehicle under the influence in the state
• Their impaired actions or neglect directly caused significant harm or death to another person

Under South Carolina law, “Great bodily injury” is defined as an injury posing a substantial risk of death, leading to permanent disfigurement, or resulting in a long-term loss or impairment of a body part or organ. It’s also important to note that a third DUI conviction within ten years can also be prosecuted as a felony under South Carolina law.

At The Lovely Law Firm, we understand the gravity of felony DUI charges and are prepared to create a strong defense for your case that protects your rights. Our experienced team of DUI defense lawyers will scrutinize every aspect of your case, from the evidence gathered by law enforcement to the procedures followed during your arrest, to identify any weaknesses or legal issues that can work in your favor. Our goal is to challenge the prosecution’s case at every step and pursue legal strategies that could lead to a reduction of charges or even dismissal. We are committed to protecting your rights and providing you with the aggressive defense necessary to fight felony DUI charges.

Is It Possible To Get A DUI On A Golf Cart In Myrtle Beach?

In Myrtle Beach, you can be charged with a DUI while driving a golf cart. South Carolina traffic laws apply to golf carts just as they do to cars and trucks. This means that if a golf cart operator has a blood alcohol concentration (BAC) of .08% or higher, they can be charged with a DUI. A DWI lawyer would advise that the state classifies any self-propelled vehicle, including golf carts, as a motor vehicle under DUI laws. Even if the golf cart is being driven on private property, like a golf course, the driver could potentially receive a DUI if they are over the limit or too impaired to drive. Therefore, driving a golf cart while over the legal BAC limit can result in serious legal consequences.

It’s also important to note that South Carolina’s open container law also extends to golf carts, making it illegal to have an open alcoholic beverage in the occupied areas of the vehicle when on public roads. Whether you’re driving a golf cart through a neighborhood, on a golf course, or along the beach, the same rules apply, and violations can lead to charges similar to those faced by traditional vehicle drivers.

License Suspensions For DUI Convictions In South Carolina

The length of time your license will be suspended after a DUI conviction in South Carolina depends on the number of offenses you’ve had:

• First Offense – License suspension for 6 months
• Second Offense – License suspension for 1 year
• Third Offense – License suspension for 2 years
• Fourth and Subsequent Offenses (including Felony DUI) – License is revoked for 3 years, in addition to any time served.

To regain your driving privileges after a DUI suspension, you will need to:

• Pay a reinstatement fee
• Provide proof of SR-22 insurance
• Have an interlock device installed in your vehicle for a specific amount of time
• Complete the Alcohol and Drug Safety Action Program (ADSAP)

At The Lovely Law Firm, a DUI defense lawyer from our team will understand how important your driving privileges are to your daily life. We are dedicated to helping clients navigate the license reinstatement process and potentially reduce or dismiss the charges to protect your license. Our team will investigate the specifics of your case, explore legal defenses, and work to secure the best possible outcome, whether that’s negotiating for a lesser charge, avoiding a conviction, or guiding you through each step of the license reinstatement process. We strive to minimize the impact a DUI can have on your life and help you get back on the road as soon as possible.

How Will A DUI Charge Affect My Commercial Driver’s License?

For those who hold a Commercial Driver’s License (CDL), a DUI charge can have especially severe consequences, even if you weren’t on the clock when you were charged. Unlike standard drivers, commercial drivers are held to a higher standard, and any DUI conviction can result in significant professional and financial consequences. A DUI conviction doesn’t just threaten your personal driving privileges, but it can also lead to the loss of your CDL, putting your livelihood at risk.

If you are a commercial driver and receive a DUI conviction, your CDL will be suspended for at least one year in South Carolina, even for a first offense. This suspension period is double what a non-commercial driver would face for the same violation.

The rules are strict: if you are caught driving under the influence in a personal vehicle, you will lose your CDL for one year. If the offense occurs while operating a commercial vehicle and your blood alcohol concentration (BAC) is .04% or higher, which is half the legal limit for personal drivers, the same suspension applies. Additionally, a DUI charge could result in job termination, potential jail time, and hefty fines, with penalties increasing for repeat offenses. The outcome of a DUI charge can depend heavily on whether a drunk driving lawyer can negotiate a reduction or dismissal, underscoring the importance of a strong legal defense. At The Lovely Law Firm, a dedicated DUI lawyer from our team will work hard to protect your CDL, as well as your rights while fighting a DUI charge in Myrtle Beach.

How A DUI Defense Lawyer In Myrtle Beach Can Help You Fight The Charge

At The Lovely Law Firm, we use our extensive experience and established relationships within the South Carolina criminal justice system to provide a strong defense for those facing DUI charges in Myrtle Beach. A DUI lawyer from our team understands the tactics used by law enforcement during DUI investigations and how prosecutors build their cases. This insight allows us to anticipate the prosecution’s strategy and craft a defense tailored to the specifics of your situation. We are dedicated to safeguarding your rights and will work diligently to protect your future.

An important aspect of our DUI defense approach involves conducting an independent investigation that goes beyond what law enforcement has gathered and provided through discovery. We meticulously examine every detail, searching for any flaws in the evidence or opportunities to challenge the DUI charges. Our goal is to minimize the consequences you face, whether it’s avoiding a jail sentence, preserving a clean record, or securing a reduction or dismissal of charges. No matter the complexity of the case, or whether you are a resident or tourist, from a misdemeanor DUI to more severe offenses, The Lovely Law Firm is always ready to fight for you. If you’ve been charged with a DUI or any other crime, reach out to us for a thorough case evaluation at 843-281-7283.