First Offense DUI

First Offense DUI Attorney in Charleston

Avvo-Recognized DUI Defense. Two Attorneys. One Focused Team.

A first DUI arrest in Charleston feels serious because it is. Even as a misdemeanor, it carries jail exposure, a six-month license suspension, and a permanent criminal record that South Carolina won’t allow to be expunged. First-time offenders are often surprised to learn that the charge arrives on a blue traffic ticket processed in summary court, but that low-key presentation doesn’t reflect the long-term damage a conviction can cause.

Kevin M. Seibert and Rebecca A. Seibert are both members in good standing of the South Carolina Bar Association and have defended DUI cases throughout Charleston County. The firm received the Avvo 2017 DUI and DWI Client’s Choice Award. Seibert Law Firm offers a free case evaluation for first-offense DUI charges in Charleston and throughout Charleston County.

Time matters after a DUI arrest. You have 30 days from the date of arrest to request an administrative hearing to contest your license suspension. Call Seibert Law Firm at (843) 428-6360 for a free case evaluation.

First Offense DUI Penalties in South Carolina

South Carolina structures first-offense DUI penalties by blood alcohol concentration (BAC), measured at the time of the stop. The three tiers carry different fine and jail ranges, but all share the same six-month license suspension.

BAC below 0.10%: Fine up to $400, 48 hours to 30 days in jail or equivalent community service, six-month license suspension.
BAC 0.10% to less than 0.16%: Fine up to $500, 72 hours to 30 days in jail or equivalent community service, six-month license suspension.
BAC 0.16% or above: Fine up to $1,000, minimum 30 days up to 90 days in jail or 30 days of community service, six-month license suspension.

Base fines are only part of the financial picture. Surcharges and court assessments substantially increase the total owed. Under South Carolina’s All Offender Law, effective May 2024, every DUI conviction now requires installation of an ignition interlock device (IID), a breath-test mechanism wired into the vehicle’s ignition. The provisional license option that existed before no longer applies to first offenses. Completion of the Alcohol and Drug Safety Action Program (ADSAP) is required before the SC DMV will reinstate a suspended license. SR-22 insurance must be maintained for three years after conviction.

What a Conviction Follows You Through

The courtroom consequences are only one part of the cost. Because DUI convictions in South Carolina can’t be expunged, the record appears on employment background checks, housing applications, and any admission or licensing process that requires a clean criminal history. Professions requiring a state license, including healthcare, education, commercial driving, and legal practice, may face disciplinary review.

Auto insurance premiums rise significantly after a conviction, and some carriers decline to renew coverage entirely, forcing drivers into high-risk SR-22 policies at substantially higher rates. South Carolina also applies a 10-year lookback period: if another DUI arrest occurs within 10 years of a first conviction, that conviction counts toward classifying the new charge as a second offense, which carries much steeper penalties.

How We Defend First Offense DUI Cases in Charleston

A first-offense DUI charge doesn’t automatically result in conviction. The prosecution must prove impairment or a BAC above the legal limit beyond a reasonable doubt, and there are multiple points in a DUI case where the evidence can be challenged.

What We Examine in Every Case

We examine every component of the stop and arrest. South Carolina law requires officers to begin recording the moment blue lights are activated. Missing or incomplete dashcam or bodycam footage can support a motion to suppress evidence. Field sobriety tests must be administered under standardized conditions, and errors in instruction, surface conditions, or officer scoring can render those results unreliable. Breathalyzer results can be challenged on grounds of improper calibration, operator error, or physiological conditions such as GERD or diabetes that affect breath sample readings.

Courts We Handle & How We Approach Each Case

We handle cases arising from arrests by the Charleston Police Department, the Charleston County Sheriff’s Office, and the South Carolina Highway Patrol, across both Charleston County Magistrate Court and the municipal courts. Where the facts support it, we negotiate with prosecutors to seek reduced charges or alternative resolutions. Our approach is shaped by what matters most to each client, whether that means protecting a professional license, preserving driving privileges, or minimizing disruption to employment.

Accessible Defense from Two Credentialed Attorneys

Kevin M. Seibert and Rebecca A. Seibert are admitted to both the South Carolina Bar Association and the Georgia Bar Association. Clients receive direct attention from our attorneys and a plan of action built around their specific situation, not a generic response to a checkbox charge.

We offer competitive pricing and multiple financing options so that retaining a qualified first-offense DUI lawyer doesn’t create a second financial crisis on top of the first. We accept cash, checks, and major credit cards.

Start with a Free Case Evaluation

The 30-day window to request an administrative hearing on your license suspension starts running the day of your arrest. Every day you wait narrows your options. Seibert Law Firm offers a free case evaluation for first-offense DUI charges in Charleston and throughout Charleston County.

Call us at (843) 428-6360 or contact us online to schedule your consultation. We can review what happened, explain your options, and help you decide how to respond.

ADSAP, the Ignition Interlock Requirement, & Your Temporary License

South Carolina’s 2024 All Offender Law changed the path forward for first-time DUI offenders in a significant way. Before May 2024, a first-offense conviction allowed drivers to apply for a provisional license permitting limited driving without an IID. That option no longer exists. Every DUI conviction, including a first offense, now requires an ignition interlock device on any vehicle the driver operates.

The driver pays for IID installation and monthly monitoring fees for the duration of the restriction period, which runs six months for a first offense under current South Carolina law. ADSAP enrollment is a separate requirement: drivers must complete this state-mandated assessment and education program before the SC DMV will reinstate a suspended license, regardless of whether the IID period has ended.

A Temporary Alcohol License (TAL) may be available immediately after arrest, allowing a driver to continue operating a vehicle legally while the criminal case or administrative suspension is pending. An attorney can help determine eligibility and make sure the TAL is properly obtained without delay.

The 30-Day Administrative Hearing Deadline

Under South Carolina’s implied consent law, a driver who refuses a breathalyzer or submits a BAC sample of 0.15% or higher faces an automatic administrative license suspension that takes effect immediately, separate from any criminal penalty. This is a civil proceeding, not part of the criminal case, and it moves on its own timeline.

Drivers have exactly 30 days from the date of arrest to request an administrative hearing to contest the suspension. Missing that deadline means the suspension goes into effect automatically, regardless of what happens in the criminal case later. Requesting the hearing preserves your right to contest the suspension and keeps options open while the criminal matter develops. A refusal can also be introduced as evidence in the criminal case, which is one more reason early legal involvement matters.

How First Offense DUI Cases Move Through Charleston Courts

First-offense DUI charges in South Carolina are heard in summary courts, and which court handles a case depends on which agency made the arrest. When the Charleston County Sheriff’s Office makes an arrest, the case is typically routed to the Charleston County Magistrate Court. When a city or municipal police department makes the arrest, the case goes to the corresponding municipal court.

Summary courts have procedural limitations that matter strategically. Probation isn’t an available sentencing option for a first-offense DUI at this court level, and no formal diversion program exists for DUI charges in South Carolina’s summary courts. A defendant does have the right to a jury trial, which may be conducted at a different court level depending on the municipal court’s rules. Understanding how these courts operate in Charleston shapes every decision about how to approach the case.

Frequently Asked Questions

Is a first offense DUI in South Carolina a felony?
No. A first offense DUI is a misdemeanor in South Carolina. It becomes a felony only when it involves great bodily injury or death to another person.

Can a first offense DUI be expunged in South Carolina?
No. DUI convictions in South Carolina can’t be expunged from the criminal record, regardless of offense number. This is one reason contesting the charge matters from the start.

What is DUAC and how does it relate to a first DUI charge?
DUAC stands for Driving with Unlawful Alcohol Concentration. It’s a separate charge that may be filed when a breath or blood test shows a BAC of 0.08% or higher. DUAC carries the same penalties as DUI; the distinction is that DUAC requires proof of BAC only, while DUI requires proof of impairment. Both charges warrant the same level of defense attention.

Does South Carolina have a lookback period for DUI offenses?
Yes. South Carolina uses a 10-year lookback period. A first-offense conviction is used to determine whether a future charge is classified as a second offense if the second arrest occurs within that window.

What happens if I refused the breathalyzer at the time of arrest?
Refusal triggers an automatic administrative license suspension under South Carolina’s implied consent law. The refusal can also be introduced as evidence in the criminal case. You have 30 days from the date of arrest to request a hearing to contest the suspension. Contact a first-offense DUI attorney as soon as possible to avoid missing that deadline.

Continue Reading Read Less

Schedule Your Free Case Evaluation

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Seibert Law Firm at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy