Each state is different when citing a person under the influence of alcohol or drugs; however, there are similarities that may be helpful to all when they have been recently char
ged with a DUI/DWI. Specifically, no matter which state you are in, if you are cited for either a DUI or DWI, then you are at risk to loose your driving privileges, possibly even before you have gone to court depending on the severity.
Thus, the question begs, what does the DMV( Department of Motor Vehicles) have to do with my DUI? The answer is as follows: DUI and DWI penalties can be either criminal or civil depending on the circumstances of the case at hand. If the charge is a civil penalty, then it will fall into the DMV’s jurisdiction.
The DMV is the entity that awards you your driving privileges after you have met the state’s required test. In return, you ( whether you are aware or not) are consenting to submission of a blood alcohol content testing ( also known as your BAC) in the event that you are stopped by an officer who is under the suspicion that you have been driving under the use of alcohol or drugs.
If you in turn refuse the BAC testing by the officer, in most states, your license will be immediately suspended. Moreover, if you do submit yourself to the testing, and your blood, breath, or urine sample indicates that your BAC is above the legal limit (.08 in NC and SC), your license will similarly be immediately suspended. Depending on your state, the suspension could last anywhere from 30 days to one year.
In South Carolina, the suspension is as follows: for the first offense DUI, there is a six-month suspension; for the second offense, there is a one year suspension; and lastly, for your third DUI offense, there is a two year suspension of your driver’s license.
In North Carolina, the suspension is even harsher. For your first offense, you will lose your license for one year, pay a fine, and possibly spend some time in jail, or doing community service. If it is your second DWI in North Carolina, then you will lose your license for four years.
However, under the suspension certain states will allow for limited driving privileges where you could drive to and from work for example, to pick up your children from day care, or to go to the grocery store, etc.
In the event you or a loved one find yourselves being charged with a DWI, contact that law offices of Robert J. Reeves, P.C toll-free at 877-374-5999 for a free consultation.