South Carolina defines driving under the influence (DUI) to include not just operating a vehicle while impaired by alcohol but also operating a vehicle while impaired by any amount of prescription, over-the-counter, or illegal drugs. As a result, you can be pulled over, arrested, charged, prosecuted, and convicted for a DUI offense based solely on suspected drug use, even if you did not have a drop of alcohol before the police stopped you.
With that said, drug DUI cases tend to work slightly differently than alcohol DUI cases in practice, so it can be important to have help from a defense attorney who specifically has experience handling DUI charges. Christopher L. Jones is a former prosecutor and municipal judge who knows how cases like this work from both sides of the courtroom, and he can provide the custom-tailored legal support you need from your Pickens County drug DUI lawyer.
When Can Police Arrest Someone for Drugged Driving?
Under South Carolina law, someone can be charged with and convicted of a “per se” DUI offense if they are tested to have a blood alcohol concentration (BAC) of 0.08 percent or more while operating a motor vehicle. This level of BAC is considered evidence of impairment regardless of any other subjective interpretation of their behavior. However, law enforcement authorities can also pull over someone they suspect is drunk or high behind the wheel and charge that driver with DUI based solely on their observations as a police officer, which usually include the driver’s performance in field sobriety tests.
Notably, though, while you give implied consent to submit to blood, breath, or saliva testing to determine intoxication behind the wheel, you are not actually required under South Carolina law to consent to field sobriety testing. As any experienced attorney will tell you, this can be particularly important to remember in the context of drug DUI offenses in Pickens County, since chemical testing for the presence of drugs in someone’s body is generally not as accurate or as precise as BAC tests are.
Increasing Penalties for Repeat Offenses
If you are convicted of DUI based on impairment from drugs, the sanctions you may face upon conviction will be similar to those you might face for an alcohol-related DUI conviction. A first-time offender who has never been convicted of any kind of DUI offense before may face a maximum fine of $400 that could rise to $992 with assessments and surcharges, between 48 hours and 30 days of jail time, and a six-month driver’s license suspension.
However, second and third offenses are punishable by thousands of dollars in fines and surcharges rather than hundreds, as well as maximum prison terms of one to three years plus license suspensions of one year to four years or more, depending on how much time passed between your first and third conviction. Finally, as your lawyer can explain in further detail, someone convicted of a fourth drug DUI in Pickens County will have their driver’s license permanently revoked and be sentenced to serve between one and five years in prison.
Get Help from a Pickens County Drug DUI Attorney
Whether it stems from alleged drug use, alcohol consumption, or a combination of both, getting a DUI charge in South Carolina can have long-lasting repercussions in both your personal and professional life. Those repercussions may be even worse if you have been convicted of DUI one or more times in the past, and especially if your allegedly impaired driving led to you getting into a serious auto accident.
If you are facing accusations along these lines, you should retain a dependable Pickens County drug DUI lawyer as soon as possible. Call today to learn how Christopher L. Jones can provide small-firm service that achieves big-firm results.
