Myrtle Beach DUI Lawyer

Arrested in Horry County? You Need a Seasoned DUI Defense Attorney

DUI is a criminal offense most often affecting individuals who are not typically involved in criminal activity. With frequent changes in DUI laws, it has become extremely difficult for individuals to gauge when one can drive, and when one should not. The most important point to remember is this: An arrest for DUI is not a conviction for DUI. At least, not with the right defense lawyer on your side.

To put a winning Myrtle Beach DUI attorney on your side, contact T. Kirk Truslow, P.A. for a free consultation. The firm can be reached at (843) 212-1116 or via this online contact form. Ask about the firm’s same-day appointment options when you call!

Understanding South Carolina DUI Laws

In South Carolina, a person is guilty of DUI if they are driving a motor vehicle while under the influence of alcohol, drugs, or a combination of both, to the extent that their faculties to drive are materially and appreciably impaired. This is often established in one of two ways:

• Impaired Driving: The prosecution proves that the person’s ability to drive was impaired by the substance(s) consumed.
• Per Se Violation: The person's Blood Alcohol Concentration (BAC) is 0.08% or higher. For commercial drivers, the legal limit is 0.04%, and for drivers under 21, it is 0.02%.

South Carolina law also addresses related offenses that are often charged alongside, or instead of, traditional DUI. It is critical to differentiate these:

• Driving with an Unlawful Alcohol Concentration (DUAC): This charge is similar to the per se DUI violation. The State only needs to prove that the driver’s BAC was 0.08% or more, without having to prove actual impairment of driving ability.
• Felony DUI: This is a significantly more serious charge, applicable when a person commits a DUI and, as a result, proximately causes great bodily injury or death to another person. The penalties for Felony DUI are severe, including mandatory prison time.

A skilled DUI attorney in Myrtle Beach understands the nuances between these statutes and how the specifics of your arrest—such as the BAC level, the presence of drugs, or the involvement of an accident—will dictate the severity of the charges you face.

Is Drinking & Driving Always Illegal?

Given the frequency of law enforcement ad campaigns, it would appear to many that it is illegal to drink and drive; however, this is not always the case. Unfortunately, many law enforcement professionals are in the practice of arresting any individual who has consumed an alcoholic beverage before driving, whether or not they admitted to, or showed signs of, impairment. 

In fact, there have even been cases in which an arrest was made when the defendant hadn’t had anything alcoholic to drink.

By law, the crime of DUI requires proof beyond a reasonable doubt that an individual consumed enough alcohol or drugs, or a combination thereof, to render them “impaired.” In the legal context, “under the influence” means impairment to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired. The proof required for conviction, particularly when put up against a well-prepared defense, is much, much more than “drinking and driving.”

Statutory Penalties for DUI Convictions in South Carolina

The statutory penalties for DUI have increased. The current statutory penalties are set forth below.

First Offense

• .08% BAC: Minimum jail time of 48 hours, up to 30 days and a $400 fine.
• .10% to .015% BAC: Minimum jail time of 72 hours, up to 30 days and a $500 fine.
• .16% or greater BAC: Minimum jail time of 30 days, up to 90 days and a $1,000 fine.

Second Offense

• .08% BAC: Minimum jail time of 5 days, up to 1 year and a fine between $2,100 and $5,100.
• .10% to .015% BAC: Minimum jail time of 30 days, up to 2 years and a fine between $2,100 and $5,100.
• .16% or greater BAC: Minimum jail time of 90 days, up to 3 years and a fine between $3,500 and $6,500.

Third Offense

• .08% BAC: Minimum jail time of 60 days, up to 3 years and a fine between $3,800 and $6,300.
• .10% to .015% BAC: Minimum jail time of 90 days, up to 4 years and a fine between $5,000 and $7,500.
• .16% or greater BAC: Minimum jail time of 6 months, up to 5 years and a fine between $7,500 and $10,000.

Fourth or Subsequent Offenses

• .08% BAC: Minimum jail time of 1 year, up to 5 years.
• .10% to .015% BAC: Minimum jail time of 2 years, up to 6 years.
• .16% or greater BAC: Minimum jail time of 3 years, up to 7 years.

Ancillary Penalties for a DUI Conviction

Ancillary penalties associated with a DUI conviction include:

• Suspension of driving privileges
• Criminal record
• Expensive and time-consuming Alcohol and Drugs Safety Classes (ADSAP)
• 3-year requirement to carry expensive SR22 insurance policy
• Requirement to install and maintain an Ignition Interlock Device

Ignition Interlock Device  

Ignition Interlock requires an individual to have a device installed in the vehicle that prevents the vehicle from starting if alcohol is detected on the individual's breath when they blow into the device before starting the car. It is expensive to install, and also requires expensive routine checks.

Whereas this requirement used to only apply to a conviction for a second or subsequent DUI offense, it now also applies to a conviction for even a first-time DUI offense where the individual registered a breath sample of .15 or greater. 

This change in law reflects the increasing stringency with which DUI offenses are approached, reflecting a societal commitment to road safety. The financial and procedural burdens resulting from these ancillary penalties highlight the importance of securing competent legal assistance to challenge such convictions effectively and attempt to mitigate their impact.

Administrative Penalties for a DUI Conviction

Administrative consequences often accompany a DUI arrest. Though an individual is permitted to refuse to provide a breath sample, doing so will result in a suspension of driving privileges and mandatory attendance of the Alcohol and Drug Safety Classes (ADSAP). This is also applicable if an individual chooses to submit a breath sample, and that sample is a .15 or greater.

These penalties are instituted at the time of the refusal or registration of a breath sample of .15 or higher; however, an individual has the right to request a hearing to rectify this situation. Additionally, upon requesting the hearing, the individual's driving privileges can be restored until the time of the hearing. The administrative hearing must be requested within 30 days.

Effective DUI Defense Strategies in Myrtle Beach

Apart from the factual defense, which includes challenging the Field Sobriety Tests and Breath Alcohol Datamaster machine, a DUI defense must include a thorough legal analysis. This includes analysis of a host of legal issues currently in place that can prevent the prosecution of a DUI case for reasons not associated with whether an individual was impaired.

A proper DUI analysis should include examination of the following:

• Proper procedures were followed in accordance with the mandatory video recording statutes.
• Probable cause for the traffic stop.
• Maintenance records of the breath alcohol Datamaster machine.
• Miranda warnings.
• SLED policies and procedures for obtaining a proper breath alcohol sample.

When a case involves alcohol testing by urine or blood, many other issues arise that must also be investigated.

Mr. Truslow is prepared to not only conduct a proper analysis of the circumstances leading to your DUI charge, but prepare a strategic defense that reasonably calls into question the validity of the “results” that were found.

Your Local Defense Against Felony DUI Charges in Myrtle Beach

In Myrtle Beach, a felony DUI charge carries serious consequences that affect both personal freedom and livelihood. With the city’s active nightlife and tourism-driven economy, law enforcement frequently increases checkpoints and patrols, especially during peak seasons. These efforts aim to protect the community, but often result in more drivers facing DUI arrests and the harsh penalties that accompany them.

The South Carolina DMV outlines DUI laws, but navigating the system can be daunting. Felony DUI convictions may lead to lengthy jail terms, steep fines, and suspension of driving privileges. Beyond legal penalties, Myrtle Beach residents often face collateral consequences such as job loss, limited employment opportunities, and strained relationships, making the experience emotionally and financially overwhelming without strong legal guidance.

At T. Kirk Truslow, P.A., we recognize the unique challenges locals face when charged with felony DUI in Myrtle Beach. Our firm develops tailored defense strategies designed to protect your rights and future. With a compassionate approach and a focus on local circumstances, we work to minimize the impact of these charges. We also offer free consultations to help individuals understand their options and begin building a solid defense.

To best avoid the harsh penalties of a first-time or subsequent DUI, put the winning Myrtle Beach DUI lawyer at T. Kirk Truslow, P.A. on your side. Schedule a free consultation by dialing (843) 212-1116or submitting an online contact form.