An intoxicated driver has impaired vision, hearing, reaction time, and judgment. It doesn’t matter whether a driver consumes alcohol or drugs before getting behind the wheel. The danger they pose to others’ lives and welfare is the same.

If a drunk driver injures you or a loved one in Charleston, South Carolina, you shouldn’t have to foot the cost of your medical recovery or missed time at work. The Charleston drunk driving accident attorneys at Crantford Meehan can guide you through your legal options in a free consultation. Call our office today at (843) 396-3674.

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DUI Laws in Charleston, South Carolina

The legal limit for blood alcohol concentration (BAC) in South Carolina is 0.08 percent. Officers are to presume that someone is driving under the influence if they test at or above the limit. However, just because a driver is under the limit does not mean they won’t face penalties. Even if someone’s BAC is 0.05 percent or higher, they may still be charged with DUI if they are not visibly sober.<br>If an officer asks to test someone’s blood, breath, or urine for alcohol or drugs, that person is assumed to consent. If they do not, they could face a 90- to 180-day suspension of their driver’s license.<br>If someone previously guilty of DUI offends again, the penalties they face will increase. The maximum penalties for misdemeanor DUIs include the following:

First offense

The first offense carries a maximum fine of $400, a prison term of 48 hours to 30 days, and a 6-month driver’s license suspension.

Second offense

The second offense carries a maximum fine of $5,100, a prison term of five days to one year, and a one-year driver’s license suspension.

Third offense

The third offense carries a maximum fine of $6,300, a prison term of 60 days to 3 years, and a two-year driver’s license suspension. If the third offense was within five years of the first, the license suspension could last up to four years. Law enforcement could also confiscate the driver’s vehicle if a third or subsequent offense were within a decade of the first.

Fourth offense or later

The fourth offense and any subsequent offenses carry a prison sentence of up to five years. The DPS may also permanently revoke the offender’s driver’s license. If someone causes severe injury or death while driving under the influence, it is a felony DUI offense. The penalties for felony DUI depend on the circumstances of the accident:

Bodily injury only

If the driver causes “great bodily injury” but not death, they could face a fine of up to $10,100 and up to fifteen years in prison.

Death

If the drunk driver caused someone’s death, they could face a fine of up to $25,100 and up to 25 years in prison.

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Who Else Could Be Responsible in a DUI Case in Charleston?

The responsibility in a DUI case may not rest exclusively with the driver. For example, a restaurant, bar, or another establishment cannot legally serve alcohol to a customer they know is visibly intoxicated. They may be liable to compensate you if you can prove they violated this law, and their customer injured you while the alcohol was still in their system.

This doctrine is called “dram shop liability.” While it is not the law in South Carolina, the state supreme court has previously upheld claims involving it. As your drunk driving accident lawyer in Charleston identifies who is responsible for the accident, they will attempt to determine where the drinks that the driver consumed came from.

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Charleston, South Carolina DUI Accident Statistics

The Department of Public Safety (DPS) tracks statistics about all motor vehicle accidents occurring within state lines. Some of their findings include the following:

Between 2016 and 2020, there were 1,529 fatal crashes involving a drunk driver above 0.08 percent BAC. DUI-related deaths represent under 30 percent of all fatal crashes during that period.
In 2020, the counties with the most fatal DUI-related crashes were Spartanburg (22), Richland (21), Greenville (21), Charleston (20), and Horry (20).
Just over two-thirds of fatal DUI-related crashes were on state highways, with the remaining third on county roads, interstates, or U.S. highways.
Roughly 56 percent of all fatal DUI-related crashes in 2020 occurred on Friday, Saturday, or Sunday.

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Consult a Charleston Drunk Driving Accident Attorney

At Crantford Meehan, our mission is to serve clients with respect, dignity, and skill. We’ve earned the backing of our peers and professional associations in South Carolina and nationwide. We have a track record of successful personal injury cases, and our results speak for themselves.

If an intoxicated driver injured you in Charleston, South Carolina, let our experienced legal team research what happened and assemble your case while you recover. Contact our Charleston car accident attorneys at (843) 396-3674 today. Your initial consultation is free.

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CLIENT TESTIMONIALS WHAT PEOPLE ARE SAYING ABOUT US

“Helped me through the hardest time in my life “

Crantford Meehan has helped me extremely through the hardest time in my life and has gotten me such an AMAZING recovery after my accident. I highly recommend them to any and everyone I know. Even after my own mother got into an auto accident, they have helped us both successfully move forward with our lives...

Harleigh Tenio
My ‘go to’ for legal help.

Attorney William Crantford has been great! He is my “go to” for legal help.

David Childress
Mr. Meehan was very professional.

Mr. Meehan was very professional. He made sure to address all of the questions and concerns that I had while working with him. I would absolutely recommend Crantford Meehan to anyone looking for an attorney who works hard to get you the best possible outcome.

Nikki M.

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What to Do After a Drunk Driving Accident in Charleston

If you are hurt after a drunk driving accident in Charleston, follow these steps to protect your rights:

Call 911 – Report the accident immediately. Law enforcement will arrive to conduct their investigation, take statements, and write an objective report of what happened.
Seek medical attention – If a medical team does not arrive at the accident scene, you and any other injured parties should go to the nearest emergency room. Your care team will identify any injuries you have and begin early treatment in pursuit of the best possible prognosis. Getting your injuries into medical records as soon as possible is also prudent for your personal injury case to have documentation of your injuries.
Identify witnesses – Get the names and phone numbers of any third parties who saw what happened. If your injuries prevent you from gathering witness information, have someone you trust do it on your behalf.
Take videos and photos – You or someone you trust should take pictures and video footage of the accident scene, the vehicles, and your injuries.
Don’t speculate – Don’t make any speculatory statements about the accident, including comments about who you think is at fault.
Stay off social media – Do not post anything on social media until your case resolves. You should also ask your friends and family to refrain from posting about you.

Frequently Asked Questions

What are the penalties for DUI in South Carolina?

The penalties for DUI in South Carolina depend on the number of offenses and whether anyone was injured or killed. A first offense can result in fines, imprisonment, and a driver’s license suspension. Subsequent offenses carry more severe penalties, including higher fines and longer suspensions.
What should I do if I am involved in a drunk driving accident in Charleston?

If you are involved in a drunk driving accident, immediately call 911, seek medical attention, gather witness information, and take photos or videos of the scene. Avoid speculating on fault and contact a personal injury attorney in Charleston as soon as possible.
Can someone other than the drunk driver be held responsible for a DUI accident in Charleston?

Yes, establishments that serve alcohol to visibly intoxicated individuals may also be held responsible under the “dram shop liability” doctrine. If a bar or restaurant served alcohol to the drunk driver, they could be liable for your injuries in Charleston.
How long do I have to file a lawsuit for a DUI accident in Charleston?

You generally have three years from the date of the accident to file a lawsuit in Charleston, South Carolina. However, the deadline may vary if the injured party is a minor or has a mental disability, or if the defendant leaves the state.
How much does it cost to hire a lawyer for a DUI accident case in Charleston?

At Crantford Meehan, we work on a contingency-fee basis, meaning you don’t pay anything upfront. We only get paid if we win your case.