DUI Defense Lawyer in Charleston and North Charleston, SC

Keep Your Driver’s License

• Challenges to probable cause for the arrest
• Motions to suppress breathalyzer test evidence
• Illegal search and seizure defense
• Reckless driving defense
• Speeding, traffic violations

If You Are Charged With DUI in Charleston County

1. Bond hearing. It must happen within 24 hours of arrest (§ 22-5-510). Charleston County magistrates hold bond hearings at the central Bond Court, 3831 Leeds Avenue, North Charleston; the City of Charleston Municipal Court sets bond on its own cases. See how bond hearings work.
2. The 30-day license clock. A refusal or a result of 0.15 or more brings a notice of suspension, with 30 days from its issue date to request a license hearing.
3. First offense. It can be tried in a Charleston County magistrate court or a municipal court, such as North Charleston Municipal Court (2500 City Hall Lane) or City of Charleston Municipal Court (180 B Lockwood Boulevard) (§ 56-5-2930, § 14-25-45).
4. Second or later offense. It goes to the Court of General Sessions at the Charleston County Judicial Center, 100 Broad Street, prosecuted by the Ninth Circuit Solicitor’s Office.
5. Trial. You have the right to a jury trial (§ 56-5-2935); in magistrate court you must ask for one.

North Charleston also reaches into Berkeley and Dorchester counties (Dorchester is in a different judicial circuit), so where the stop happened matters. Our Goose Creek office at 425 Red Bank Road handles DUI charges in Goose Creek and the rest of Berkeley County. Other charges? See criminal defense in North Charleston.

Implied Consent and the 30-Day License Hearing

Driving in South Carolina counts as consent to a breath, blood or urine test after a DUI arrest (§ 56-5-2950). Before testing, you must be told your rights in writing and out loud, on video. A refusal suspends your license for at least six months on a first offense and can be used against you in court; a result of 0.15 or more suspends it for at least one month (§ 56-5-2951).

That suspension is separate from the criminal case. Within 30 days of the notice, you can request a contested case hearing before the Office of Motor Vehicle Hearings and either get a temporary alcohol license from the SCDMV to keep driving until the hearing is decided, or enroll in the ignition interlock program. The SCDMV and the officer carry the burden of proof, and if neither appears, the suspension must be rescinded.

DUI Penalties by BAC Level

Penalties depend on your alcohol concentration and on prior offenses within ten years of the new one (§§ 56-5-2930, 56-5-2933). A first offense carries:

• Under 0.10, or no test result: a $400 fine or 48 hours to 30 days in jail.
• 0.10 to under 0.16: a $500 fine or 72 hours to 30 days.
• 0.16 or more: a $1,000 fine or 30 to 90 days.

The court may allow public service instead of the minimum jail time, and an assessment of 107.5 percent of the fine is added (§§ 14-1-207, 14-1-208), more than doubling the base fine. Every conviction requires ADSAP, the Alcohol and Drug Safety Action Program, and after a first conviction you can drive only with an ignition interlock device for six months (§ 56-5-2990).

The DUI Video Recording Rule (§ 56-5-2953)

At the scene, police must start recording no later than when the blue lights come on and capture any field sobriety tests, the arrest and your Miranda warnings; at the breath test site, it must cover the whole test and, unless that was physically impossible, the 20-minute wait before it. The statute excuses a missing recording in some situations, such as inoperable equipment or a medical emergency backed by a sworn affidavit. When a required recording is missing without an excuse, the South Carolina Supreme Court has held dismissal an appropriate remedy (City of Rock Hill v. Suchenski, 2007); a video that fails only to show the Miranda warning leads to suppression of statements instead (State v. Taylor, 2022).

What Affects the Cost of DUI Defense

Affordable DUI defense starts with what drives the cost: the offense level, prior offenses in the ten-year look-back, the BAC tier or a refusal, contested video or breath test records, a license hearing, and a jury trial. We go over each in a free consultation about your DUI case.

DUI FAQ for Charleston and North Charleston

What is the difference between DUI and DUAC?

DUI means alcohol or drugs materially and appreciably impaired your ability to drive; DUAC means an alcohol concentration of 0.08 or more. A DUI charge can proceed as DUAC only if the test came within two hours of arrest and the stop rested on reasonable suspicion, and you cannot be prosecuted for both.

Can I keep driving while my DUI case is pending?

After a refusal or a result of 0.15 or more, you can if, within 30 days of the notice of suspension, you request a hearing and get a temporary alcohol license or enroll in the interlock program. Otherwise, drivers 21 or older face no DUI suspension before a conviction (§ 56-5-2990).

Is a DUI a felony in South Carolina?

A first, second or third offense is a misdemeanor. A fourth or later offense within ten years is a Class F felony (§ 16-1-90): 1 to 5 years under 0.10 or with no test result, 2 to 6 at 0.10 to under 0.16, and 3 to 7 at 0.16 or more. A DUI that causes great bodily injury or death is felony DUI, with mandatory prison time (§ 56-5-2945).

Can a DUI come off my record in South Carolina?

A conviction cannot: the expungement statute for minor convictions does not apply to offenses involving the operation of a motor vehicle (§ 22-5-910). If the charge is dismissed or you are found not guilty, the arrest record can be expunged. Read what can and cannot come off your record.

What if the driver is under 21?

A separate law (§ 56-1-286) suspends a driver under 21 at 0.02 or more: three months, or six with a prior offense or suspension in the last three years. A refusal means six months, or one year with a prior.