What Is The Difference Between An Alcohol Related And A Drug-Related DUI?
For the most part, South Carolina law does not differentiate between impairment due to alcohol versus impairment caused by drugs. Either can result in a DUI charge in South Carolina.
The law does not make a distinction between impairment caused by illegal versus legal drugs. A person can be charged with DUI after taking prescription medications if those medications impair the ability to drive, even if they were legally prescribed. The U.S. Food and Drug Administration cautions that over-the-counter medications, particularly cold medicines and antihistamines, can impair driving as well.
Will I Be Required To Have An Ignition Interlock Device In My Vehicle For A DUI Drug Conviction?
If it is your second or more conviction for DUI in the last ten years, then you will be required to install and pay for an ignition interlock device in your car in order to drive legally.
How Much Do You Have To Rely On The Use Of Science In Your Defense Strategies In These Types Of DUI Drug Cases?
The use of science often comes into play in a DUI case when we are challenging the alcohol and/or drug testing results. Whether they come from a Breathalyzer, a urine sample, or a blood sample, an expert scientist, or toxicologist, will often be used as part of our defense to explain to a judge or jury the science of why you were not impaired.
What Are The Collateral Consequences Of Someone Facing A Drug-Related DUI?
Similar to an alcohol-related DUI, if you are convicted of driving under the influence of drugs, you will face a number of penalties. The penalties include fines, jail time, and a driver’s license suspension. There are also collateral consequences of a DUI conviction, such as:
- Required to enroll and complete The Alcohol and Drug Safety Action Program (ADSAP). You will be required to attend classes at an education and treatment program for people convicted of DUI and similar offenses.
- SR-22 Insurance: You may be required to get a special type of additional insurance before you can get your license back. This is often for a period of 3 years.
- Car insurance rate increases: Even if you are not required to add SR-22 insurance, your overall car insurance rates may go up.
Why Do These Cases Need An Experienced Attorney Who Understands These Types Of Cases?
DUI defense is considered a “niche” area of law, within the criminal defense, that requires ongoing training to keep up with the ever-changing DUI laws and court opinions. Also, DUI cases require a lot of time and effort to investigate, research, and prepare your case for court. To get the best result possible in your case, you will want to hire an experienced DUI attorney, who has a proven track record of winning these types of cases. Remember, a DUI conviction is often more expensive than it would have been to retain an elite DUI lawyer.
For more information on Alcohol DUI Vs. Drug DUI In South Carolina, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (843) 856-2222 today.