South Carolina Dui Laws

Sober or Slammer blitz underway in SC

COLUMBIA (WACH) -- More than 200 law enforcement agencies in South Carolina are taking part in the Sober or Slammer campaign. It runs from August 19 through September 5. The blitz aims to keep impaired drivers off the roads.

On average, DUI kills one person in South Carolina every day. In the United States, every 50 minutes someone dies at the hands of a drunk driver.

A survivor of a DUI crash, Jon-Erik Hartfield, spoke at Friday’s kick-off at the State House.

“Everyday is a very hard struggle for me and it is impossible for me to enjoy life like other people my age, every morning when I get out of bed I stand up and get right behind my walker I have to get right next to my bed and sometimes it is too far away,” he explained.

In 2003, Hartfield was the passenger in a car hit head on by a DUI driver. That driver died, and Hartfield was in a coma for seven months. Now it is difficult for Hartfield to keep his balance and control his muscles. His short-term memory is close to non-existent. He can usually remember his own name but not what he is supposed to do that day.

“You may be surprised that I say this but I consider myself to be very fortunate to be alive today, for seven months I laid at the edge of death and for many months after that I fight a desperate pain to gain limited mobility that I have, I still can not drive or throw or catch a ball or keep track of a school class assignment but even so I have a wonderful life,” he said.

A few days before the crash, Hartfield learned he was accepted to the University of South Carolina. He continues his painful recovery while living at home in Greenwood with his father.

"We've had enough of the heart broken families we've had enough of the excuses," said Lt. Col. Michael Oliver with the South Carolina Highway Patrol.

The Office of Highway Safety is airing new commercials that show the consequences of impaired driving. The campaign also includes new radio ads and billboards encouraging people to call *HP to report suspected drunk drivers.

South Carolina DUI Laws & South Carolina DUI Attorneys

Under the South Carolina DUI laws, it is unlawful to drive or operate a vehicle if you are under the influence of any intoxicants, such as alcohol or drug, which makes you incapable to drive safely. Such a case can end you up being ticketed for a DUI. However, the arresting officer should have to prove, beyond reasonable doubt, that a person’s mental faculties are significantly impaired due to the ingestion of alcohol that impairs him from operating his motor vehicle safely on the roads.

The state of South Carolina also addresses the blood alcohol content (BAC) level. Those results yielding .08% or higher will have to face steeper penalties than those with lower BAC levels.

DUI Arrests in South Carolina

When you are arrested for DUI, you are asked to submit to a BAC test. However, no one can force you to do it, but the refusal would be tantamount to facing a stricter penalty for your violation. With DUI as a criminal offense, you will surely be facing the criminal courts on your arrest. But having a qualified lawyer will help you defend yourself in a better position and prove that there is doubt in your guilt.

With the need to prove the offender of DUI beyond reasonable doubt, South Carolina requires that videotaping be done for these arrests and breath testing must be done within three hours of the arrest.  The taping must begin when the officer activates the blue lights on his patrol car, and must end after the person is arrested for the offense. This ensures that the officers at the scene are correctly relaying to the court what really happened at the time of the arrest. In the event that videotaping will not be made available because there is no physical way for the officer to do so, the arresting officer is required to submit a sworn affidavit to certify the arrest.

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