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I was recently in a car accident in SC and was charged with

 
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I was recently in a car accident in SC and was charged with DUI; I went to jail and paid my entire bond to get out, and my case isn't until next month. What should I expect? Wil my license be suspended (it's a GA license and this is my 1st DUI charge).

 

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State/Country relating to Question: South Carolina

Submitted: 947 days and 20 hours ago.
Category: Criminal Law
Value: $38
Status: CLOSED
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Expert:  Lucy, Esq. replied947 days and 20 hours ago.

Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today.

Did they do a breathalyser or blood test? If so, what blood alcohol content are they claiming you had?

Customer replied947 days and 20 hours ago.

They did, and I blew a .13 on the breathalyser.

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Expert:  Lucy, Esq. replied947 days and 20 hours ago.

Thank you. This Answer is based on the assumption that you are at least 21 years old. If you are not, please let me know.

Under South Carolina law, if you are charged with driving under the influence with a blood alcohol level above .08. your license will be suspended for 30 days, whether you're convicted or not. The maximum penalty is a six month license suspension, a fine of 500, and up to 30 days imprisonment. With a BAC over .10%, there is a minimum sentence of 72 hours in jail.

When you go to the initial appearance, the judge will advise you of all of the charges against you and will appoint an attorney for you, if you cannot afford one. The attorney will enter a plea of not guilty on your behalf and request a trial. Because there are enhanced penalties for a BAC over .08%, your attorney can try to negotiate a deal to help avoid those penalties if you plead guilty. Even with a lower BAC, though, there is a minimum of 48 hours in jail.

Now, SC can't exactly suspend your GA license, but Georgia does recognize DUIs from other states, and will suspend your license if you are convicted. Unfortunately, under Georgia law, the suspension is one year. However, for a first offense, you may be eligible for a hardship license to get you to and from work after 120 days.

I hope that helps. Good luck.

Expert TypeLawyer
Category: Criminal Law
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Answered: 10/14/2010

Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.

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