Whether you are being wrongly accused or made a one-time error in judgment, being charged with a first-time DUI in Greenville can be terrifying. You probably have little to no experience with the criminal justice system and may be uncertain about how this will affect your life. Hiring a defense attorney is the best way to get proper representation. Your seasoned DUI attorney could review your situation, give you a better idea of what to expect from the legal process, and build the best possible case for you.
What Are the Penalties for a First DUI Charge?
SC Code § 56-5-2930 sets penalties for DUI based on both your blood alcohol level (BAC) and whether you have been convicted of DUI before. This means first-time DUI offenders in Greenville face the least severe penalties. While the legal BAC limit is 0.08, you can be convicted of DUI if you are noticeably impaired to the point where your ability to drive is affected, regardless of your BAC. If your BAC was under 0.10%, you could owe $400 in fines and be sentenced to 48 hours to 30 days in jail. If your BAC was between 0.10% and 0.16%, you could pay $500 in fines and spend seven to 30 days in jail. If your BAC was 0.16% or higher, you could owe $1000 in fines and face between 30 and 90 days of jail time.
For all three BAC tiers, your driver’s license will be suspended for six months. As a first-time offender, you may be able to complete community service instead of receiving a jail sentence. The number of community service hours you must complete is based on the amount of jail time you would have served. You will also need to complete the South Carolina Alcohol and Drug Safety Program (ADSAP) before you resume driving. In this program, you will set individual goals and receive education or treatment based on the factors that led to your DUI.
What Defenses Are Available for a First DUI?
To be convicted of a first-offense DUI in Greenville, a court needs to prove that you were driving and were either over the legal limit for BAC or otherwise noticeably impaired. Sometimes these elements can be very straightforward, but other times, there are issues your lawyer can challenge.
For example, SC Code SECTION 56-5-2953 requires police officers to video record traffic stops and field sobriety testing. If you failed a field sobriety test, but the police officer did not record it correctly, the failed test may not be admissible as evidence against you. The police officer may not have had a valid reason to pull you over, you may have been sitting in your vehicle but not operating it, or there may have been a problem with the breathalyzer test. Your lawyer will review the details of your case and identify any potential ways you could avoid conviction.
Consult With a Greenville Lawyer About Your First-Time DUI Case Today
While the penalties for a first-time DUI in Greenville are not as severe as those for repeat offenses, they can still have a major impact on your life. If you have been charged with DUI, hiring a lawyer as soon as possible will help you avoid mistakes and get the best available outcome. Schedule a free consultation with Christopher L. Jones, Attorney at Law today.
