Can you drive after a DUI arrest?

A common question I am asked is if someone is allowed after being arrested for DUI.

In South Carolina there is no automatic suspension of your driver's license just for being arrested for DUI. In fact there are people who are out on bond for felony DUI with death who are legally driving around.

The only way a license is going to be suspended because of a DUI is;

1.    If you go to Court and plead guilty, no contest or have a trial and are found guilty by the Court.

2.    If you cooperate with the breathalyzer and your BAC reading is over 0.15.

3.    If you refuse to cooperate with the breathalyzer.

If you received a notice of suspension related to a breathalyzer there are procedures in place to allow you to get your license back - sometimes in as little as one week.

If you are unsure whether or not you were given a notice of suspension related to the breathalyzer ask your DUI defense attorney to check with the officer or the DMV about the status of your license. If you are are found driving while under a suspension it is a separate criminal offense and you could be taken to jail.