How much time you spend in jail if you’re convicted of a DUI in SC will depend on different factors. So here are a few of them:
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The facts of your case
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The facts of your case
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Was anyone was injured or killed (other than the person convicted of DUI)? This could mean passengers in your vehicle, another vehicle, pedestrian, etc.
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Do you have any other pending charges?
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Are you currently on probation?
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How much time did you spend in jail after your DUI arrest? The Judge may consider credit for time served
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Your prior criminal record
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Your BAC (Blood Alcohol Content) level. This could be from a breath sample or a blood sample)
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Whether you “refused to blow” (into the breathalyzer)
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Was anyone was injured or killed (other than the person convicted of DUI)? This could mean passengers in your vehicle, another vehicle, pedestrian, etc.
-
Do you have any other pending charges?
-
Are you currently on probation?
-
How much time did you spend in jail after your DUI arrest? The Judge may consider credit for time served
-
Your prior criminal record
-
Your BAC (Blood Alcohol Content) level. This could be from a breath sample or a blood sample)
-
Whether you “refused to blow” (into the breathalyzer)
How much time you spend in jail if you’re convicted of a DUI in SC will depend on different factors. So here are a few of them:
Let’s take a look specifically at BAC levels as they relate to jail time (DUI’s involving death or serious injury may be subject to a different analysis):
Zero BAC level (“refused to blow”) | BAC was .08 to .10 | BAC was .10 to .15 | BAC was .16 or more | |
---|---|---|---|---|
DUI 1st | Minimum of 2 days but no more than 30 days * | Minimum of 2 days but no more than 30 days * | Minimum of 3 days but no more than 30 days * | Minimum of 30 days but no more than 90 days * |
DUI 2nd | Minimum of 5 days but no more than 1 year | Minimum of 5 days but no more than 1 year | Minimum of 30 days but no more than 2 years | Minimum of 90 days but no more than 3 years |
DUI 3rd | Minimum of 60 days but no more than 3 years | Minimum of 60 days but no more than 3 years | Minimum of 90 days but no more than 4 years | Minimum of 6 months but no more than 5 years |
DUI 4th | Minimum of 1 year but no more than 5 years | Minimum of 1 year but no more than 5 years | Minimum of 2 years but no more than 6 years | Minimum of 3 years but no more than 7 years |
*You may be able to do public service employment in lieu of this jail sentence
Have you been charged with a DUI in Charleston, SC or surrounding areas? Would you like to talk about your options?
Dial 843-607-9800 or use this form to contact me.
Let’s take a look specifically at BAC levels as they relate to jail time (DUI’s involving death or serious injury may be subject to a different analysis):
Zero BAC level (“refused to blow”) |
BAC was .08 to .10 |
BAC was .10 to .15 |
BAC was .16 or more |
|
DUI 1st |
Minimum of 2 days but no more than 30 days * |
Minimum of 2 days but no more than 30 days * |
Minimum of 3 days but no more than 30 days * |
Minimum of 30 days but no more than 90 days * |
DUI 2nd |
Minimum of 5 days but no more than 1 year |
Minimum of 5 days but no more than 1 year |
Minimum of 30 days but no more than 2 years |
Minimum of 90 days but no more than 3 years |
DUI 3rd |
Minimum of 60 days but no more than 3 years |
Minimum of 60 days but no more than 3 years |
Minimum of 90 days but no more than 4 years |
Minimum of 6 months but no more than 5 years |
DUI 4th |
Minimum of 1 year but no more than 5 years |
Minimum of 1 year but no more than 5 years |
Minimum of 2 years but no more than 6 years |
Minimum of 3 years but no more than 7 years |
*You may be able to do public service employment in lieu of this jail sentence
Have you been charged with a DUI in Charleston, SC or surrounding areas? Would you like to talk about your options?
Dial 843-607-9800 or use this form to contact me.