If you've been charged with your first DUI you are wondering what will happen. You're probably asking:
- Am I going to get sent to jail?
- Will I lose my driver's license?
- Am I going to have to pay thousands in fines and fees?
- What is going to happen to my car insurance?
The first thing you should know is just because you've been charged with DUI doesn't mean that you have to be convicted. You are charged with DUI when you have been arrested and taken to jail. This just means that you've been formally accused by the government of the DUI. You don't have to worry about further jail time, fines, or license penalties unless you are actually convicted. You only become convicted if you either agree to be convicted (by pleading guilty or no contest), or you are found guilty by the court after a trial.
The DUI defense lawyers at the Law Office of James R. Snell, Jr., LLC, help people in Lexington, Columbia or elsewhere in South Carolina to try to avoid being convicted of DUI. If you're not convicted then in addition to not facing the penalties, you even get the arrest removed off of your record.
But, if you're worried what would happen if you are convicted, here is some general information (and let's hope none of this happens to you!):
Are you going to get sent to jail?
In our experience, most first offense DUI charges will not result in additional jail time. I'm referring to misdemeanor DUI cases, and not felony DUI charges (those involving serious bodily injury or death). However, every DUI case presents a possible jail sentence. The amount depends on the BAC level involve, and will vary between 30-90 days. Ultimately, if you were convicted a judge would decide if you go to jail or not. The judge is allowed to do whatever they want at that point, and is allowed to sentence first time offenders to the maximum sentence. Things that might make the judge more likely to sentence someone to jail would include:
- Evidence or officer testimony of dangerous driving (speeding, running stop signs, etc.)
- Being involved in a traffic accident
- Inappropriate behavior with the police (remember, everything is recorded)
- Having a prior criminal record (even non-DUI)
The best way to avoid jail is to either avoid being convicted in its entirety, or have your lawyer negotiate a reduction in charges with the government that takes jail time off the table.
Will you lose my driver's license?
A DUI arrest only affects your driver's license if you are convicted. If you're not convicted then the DUI is never reported to the DMV at all. If you are convicted you're license will be suspended for 6 months, and you'll have to comply with the reinstatement requirements set by the DMV. That can involve installing an ignition interlock device, completing alcohol counseling, and obtaining DUI car insurance (called SR-22).
Keep in mind that if your DUI arrest involves an implied consent violation that is a separate legal issue that suspends your driver's license. You know if this applies in your case if you refused a breath, urine or blood test OR blew 0.15 or higher, and the officer provided you with a Notice of Suspension form. These are separate suspensions than would come with a DUI. We can help you quickly restore your driver's license by contesting the implied consent suspension with the Office of Motor Vehicle Hearings. Again, this is all different than the DUI court case. We can typically help our new clients restore their license within 1-3 business days of being hired.
Are you going to have to pay thousands in fines and fees?
You only face DUI fines and other associated costs if you are convicted. If your charge is dismissed or you are found not guilty after a trial then you will not have to pay any fines, fees or other costs for a DUI. If you are convicted though, you will face fines (approximately $1,000-$2,200), plus additional amounts for the required alcohol counseling program (called ADSAP), an ignition interlock device, and costs associated with higher insurance. Although the exact amount of those costs can vary, it may be up to $10,000 or more.
What is going to happen to your car insurance?
Your car insurance will not be affected by simply being arrested for DUI. In fact, under South Carolina law you cannot have your insurance cancelled just for being charged with DUI (but if your policy expires they are not required to renew it). If you are not ever convicted then nothing should happen with your insurance rates. If you are convicted of DUI then you would be required to carry SR-22 insurance for three years, and your insurance rates would go up. You also could be cancelled by your current insurance company and required to find a new one.
We encourage our clients to direct questions they have about their auto policy or how rates are calculated directly to their insurance agent. Additionally, if you are convicted of a DUI and forced to obtain SR-22 insurance it may be a good idea to check pricing with different insurance companies as rates can vary.
If you're facing a South Carolina DUI in Lexington, Columbia or anywhere else you should contact our office for help with your case. We offer free in-office consultations. During that appointment you'll have a chance to meet directly with an attorney, and explain the specific circumstances of your case. You'll also have the chance to ask any questions that you may have.