If you’ve been arrested for driving under the influence (DUI) in South Carolina, you are facing several penalties. These include fines, a driver’s license suspension, and jail time (among others). But, these are not the only potential consequences of a DUI arrest in South Carolina. If you get convicted, your job could be at risk as well.

Employment Consequences of a DUI in South Carolina

South Carolina is an “at will” employment state. This means that, unless you have an employment contract, your employer can fire you “for any lawful reason or no reason at all.” As a result, if your employer decides that your DUI reflects poorly on the company, demonstrates poor judgment, or interferes with your ability to do your job, these are all valid reasons to fire you under South Carolina law.

All types of employers can (and will) make employment-related decisions based on employees’ DUI convictions. To lose your job for a DUI, you do not have to drive for a living. As we said above, if your employer decides that it doesn’t want you on its payroll for any reason, it can terminate your “at will” employment. Some examples of occupations in which a DUI conviction is likely to lead to termination of employment include:

• Child care
• Commercial driving
• Data entry and data security
• Education
• Healthcare
• Professional services
• Sales

Again, these are just examples. No matter what you do for work, a DUI conviction could result in the loss of your job. This is true regardless of your history with the company—including your disciplinary history (if any). A DUI is a serious offense in South Carolina, and most employers will treat it accordingly.

How will your employer find out about your DUI? There are a few possibilities. One possibility is that you will be required to disclose your DUI conviction to your employer under its Employee Handbook. If your employer’s policies and procedures state that you must report any criminal charges filed against you, then failing to report your DUI could itself lead to termination of your employment.

Another possibility is that your employer will discover your DUI when conducting annual background checks. While most companies conduct background checks before hiring employees, many companies conduct background checks on an ongoing basis as well. In South Carolina, DUI convictions are public record; and, if your employer uncovers your DUI during a background check, this could result in loss of your employment as well.

A third possibility is that your employer could learn about your DUI through media reports, social media posts, or talk amongst your coworkers. If your DUI arrest makes local headlines, if someone posts about your DUI on social media, or if your coworkers talk about your DUI in the workplace, these could all potentially lead to your employer deciding to fire you.

Of course, if you end up in jail, you won’t be able to go to work, and this could leave your employer with little choice but to fire you as well. While it is often possible to avoid jail time for a first-time DUI offense, a first-time DUI carries up to 30 days in jail. If this is your second (or third or fourth) DUI, you could be facing a year in jail or more.

One important caveat to all of this is that your employer cannot use your DUI as an excuse (or “pretext”) for a discriminatory firing. In this scenario, your firing is not “for any lawful reason or no reason at all.” Discrimination in employment is prohibited under Title VII of the Civil Rights Act of 1964 and various other state and federal laws. So, if, for example, you lose your job after getting a DUI but other employees of different races or ethnicities didn’t get fired for their DUIs, it will be worth talking to an employment lawyer about your legal rights.

Having a DUI on Your Record Can Also Impact Your Future Employment Prospects

If you get convicted of driving under the influence in South Carolina, not only can this have immediate employment-related consequences, but it could impact your future employment prospects as well. As we said above, most employers conduct background checks as part of the hiring process. With a DUI on your record, you may find it difficult to land a desirable job for years to come—and this could add thousands upon thousands of dollars to the cost of your DUI.

How Can You Fight to Protect Your Job After a DUI Arrest in South Carolina?

With all of this in mind, how can you fight to protect your job (and your financial future) after a DUI arrest in South Carolina?

Fighting a DUI in South Carolina starts with determining what defenses you have available. While there are several potential defenses to DUI charges in South Carolina, you need to determine which defenses you can assert based on the facts of your case. Some examples of potential defenses include:

• Challenging your blood alcohol concentration (BAC) reading
• Challenging your field sobriety test (FST) results
• Challenging the basis for your traffic stop
• Challenging the drug recognition expert’s (DRE) assessment of your impairment
• Showing that the arresting officer violated your constitutional rights
• Showing that prosecutors are withholding exculpatory evidence
• Showing that prosecutors can’t prove your guilt beyond a reasonable doubt

An experienced Rock Hill DUI defense lawyer will be able to examine the facts of your case to determine which defenses he or she can assert on your behalf. Depending on the circumstances of your case, seeking a plea deal that avoids a DUI conviction or pursuing pretrial diversion may be options as well.

Schedule a Free Initial Consultation with a Rock Hill DUI Defense Lawyer Today

Do you need to know more about fighting to protect your job (and avoid other serious consequences) after a DUI arrest in South Carolina? If so, we encourage you to contact us promptly. Call 803-328-8822 or contact us online to schedule a free consultation with an experienced Rock Hill DUI defense lawyer today.

Last month, we published an article titled, What Can (and Should) You Expect from Your Rock Hill DUI Lawyer? In that article, we discussed all of the ways an experienced DUI lawyer can help you when you are facing a drunk driving charge under South Carolina law.

When you are facing a drunk driving charge, it is important to have reasonable expectations—and this means that you need to know what not to expect from your DUI lawyer as well. So, what shouldn’t you expect from your Rock Hill DUI lawyer? Here’s what you need to know:

Your Lawyer Can’t Guarantee Prosecutors Will Negotiate a Plea Deal

In some cases, the best option for resolving a DUI charge without unnecessary consequences will be to negotiate a plea deal. If prosecutors have the evidence they need to convict you (and you aren’t eligible for pre-trial diversion), negotiating a deal that reduces your charge to a “wet reckless” won’t allow you to avoid consequences entirely, but it will allow you to avoid many of the life-altering consequences that come with a DUI conviction.

With that said, your lawyer cannot guarantee that prosecutors will negotiate a plea deal. While prosecutors will be willing to negotiate in many cases, your lawyer cannot force them to negotiate if they aren’t interested in doing so.

What Your Lawyer Can Do: Present a Compelling Case for a Favorable Plea Bargain

So, what can your lawyer do? Your lawyer can present a compelling case for a favorable plea bargain on your behalf. By showing prosecutors why it is in their best interests to negotiate, your lawyer can target a plea bargain that will (hopefully) allow you to move on.

Your Lawyer Can’t Guarantee Your DUI Will Be Dismissed in Court

Just as your lawyer can’t force prosecutors to negotiate, your lawyer also can’t force the judge or jury to issue a “Not guilty” verdict in court. As a result, your lawyer can’t guarantee that your DUI will be dismissed. No reputable lawyer will guarantee success in your DUI case—because there are simply too many factors that are beyond your lawyer’s control.

What Your Lawyer Can Do: Expose Flaws in the Prosecution’s Case Against You

So, what can your lawyer do? If going to court is your best option, your lawyer can use the available evidence (or lack thereof) to expose flaws in the prosecution’s case. Since the prosecution has the burden of proof, if there are issues with the sufficiency, reliability, or admissibility of the prosecution’s evidence, these are all issues that could potentially lead to a favorable result at trial.

Your Lawyer Can’t Say Things That Aren’t True

Whether negotiating with prosecutors or representing you in court, your lawyer can’t say things that aren’t true. If you were drinking, your lawyer can’t falsely state that you weren’t. Likewise, your lawyer cannot falsely accuse the police of violating your constitutional rights. Lawyers owe stringent ethical duties to the court—and, if they violate these duties, they can put their legal license (and their career) in jeopardy.

What Your Lawyer Can Do: Protect Your Rights and Force Prosecutors to Meet Their Burden of Proof

So, what can your lawyer do? While your lawyer can’t lie for you, your lawyer can help you fight to keep any incriminating information out of court. Your lawyer can help you assert your privilege against self-incrimination, and your lawyer can force prosecutors to meet their burden of proof. If prosecutors can’t meet their burden of proof, you are entitled to a “Not guilty” verdict regardless of the facts at hand.

Your Lawyer Can’t Assert Unfounded Defenses

When representing their clients in court, lawyers also have an ethical duty to only assert defenses that are supported by the relevant facts and the relevant law. As a result, while there are several potential defenses to DUI charges in South Carolina, your lawyer can only assert the defenses that are supported by the specific circumstances of your case.

What Your Lawyer Can Do: Assert All Viable Defenses Under the Circumstances at Hand

So, what can your lawyer do? Your lawyer can assert all viable defenses under the circumstances at hand. Suppose there are issues with your traffic stop, your breath test results, your field sobriety test results, your confession, or anything else that prosecutors intend to use against you in court. In that case, your lawyer can raise these issues with the aim of demonstrating that prosecutors can’t meet their burden of proof.

Your Lawyer Can’t Help You if You Don’t Help Yourself  

While you can—and should—rely on an experienced DUI lawyer to fight your drunk driving charge, you cannot simply leave it up to your lawyer to fight your drunk driving case in court. Simply put, your lawyer can’t help you if you don’t help yourself. From determining what defenses you have available to navigating the pre-trial diversion process (if this is an option in your case), you will play a key role in the process of protecting your future.

What Your Lawyer Can Do: Advise and Represent You Every Step of the Way

So, what can your lawyer do? Your lawyer can advise and represent you every step of the way. Your lawyer can help you make informed decisions about all aspects of your DUI case, and your lawyer can communicate with prosecutors, the judge, and the jury on your behalf as necessary. Ultimately, your lawyer—with your involvement—can use his or her experience to help maximize your chances of avoiding unnecessary consequences.

Facing a DUI in Rock Hill, SC? Contact Us for a Free Initial Consultation Today

Do you need to know more about hiring a DUI lawyer to fight a drunk driving charge in South Carolina? If so, we strongly encourage you to contact us for a free initial consultation. To discuss your case with an experienced Rock Hill DUI lawyer in confidence, call us at 803-328-8822 or tell us how we can reach you online today.

If you are facing a driving under the influence (DUI) charge in South Carolina, you are facing several penalties. These penalties include suspension of your driver’s license. However, getting convicted of DUI isn’t the only way you can lose your license after a drunk driving arrest. There are also certain circumstances in which you can lose your driver’s license automatically.

Regardless of how and when you lose your driver’s license, getting it back isn’t cheap. Of course, being unable to drive comes with its own costs and complications as well. While you may be eligible to apply for a temporary alcohol license, this isn’t always an option, and this comes with its own unique set of costs and challenges.

With all of this in mind, if your driving privileges are at risk, you will want to hire an experienced DUI defense lawyer to help you fight to protect them by all means available. Keep reading to learn more.

When You Can Lose Your Driver’s License After a DUI in South Carolina

As we said above, while getting convicted of DUI is one way you can lose your driving privileges after a drunk driving arrest in South Carolina, this isn’t the only way your driving privileges are at risk. Under South Carolina law, you can lose your driver’s license as a result of any of the following:

• Getting convicted of DUI in court
• Pleading guilty or no contest in your DUI case
• Refusing to take the breathalyzer during your DUI stop
• Having a blood alcohol concentration (BAC) of 0.15% or above

If you refuse the breath test or your BAC is 0.15% or above, you can lose your driver’s license automatically. This means that your driving privileges will be suspended before you are proven guilty of DUI—and even if a DUI conviction is warranted. Both of these are considered violations of South Carolina’s “implied consent” law, and implied consent violations can have other consequences as well.

Driver’s License Suspensions in South Carolina DUI Cases

If you are facing a driver’s license suspension after a drunk driving arrest in South Carolina, the duration of your license suspension will depend on why your driving privileges are at risk and whether you have a prior record. In most cases, the potential driver’s license suspensions are as follows:

Implied Consent Violation

• First Offense: Six months
• Second Offense: Nine months
• Third Offense: 12 months

Driving Under the Influence (DUI) Conviction

• First Offense: Six months
• Second Offense: 12 months
• Third Offense: 24 months (48 months for a third offense within five years)

Felony DUI Conviction

• Great Bodily Injury: 36 months
• Death: 60 months

Underage DUI Conviction

• First Offense: Three months
• Second Offense: Six months (if within five years)

Driving on a suspended license also has serious consequences in South Carolina. If you get caught driving on a suspended license after a DUI arrest, you can be fined $300 and sentenced to up to 30 days in jail for a first offense. As a result, if you lose your driver’s license, you will need to make alternate arrangements to get where you need to go (unless you obtain a temporary alcohol license under South Carolina’s “implied consent” law), and you will want to make sure you are able to restore your driving privileges as soon as possible.

Fighting to Protect (or Restore) Your Driving Privileges

Of course, before you focus on restoring your driving privileges, you should focus on doing everything you can to protect your ability to drive. What you need to do to protect your driver’s license depends on why your driver’s license is at risk:

• Automatic Driver’s License Suspension (Implied Consent Violation): If you are facing an automatic driver’s license suspension as the result of an implied consent violation (or an alleged implied consent violation), you will need to request an administrative hearing before the Office of Motor Vehicle Hearings at the South Carolina DMV. Alternatively, you may be able to apply for a “temporary alcohol license” if successfully challenging your driver’s license suspension is not a viable option.
• Driver’s License Suspension Due to a DUI Conviction – If you are at risk of losing your driver’s license in court, protecting your ability to drive will involve fighting your DUI. While there are several potential defenses to DUI charges in South Carolina, you will need to choose the right defenses based on the specific circumstances involved in your case. Alternatively, negotiating a plea deal that protects your driving privileges could be an option; and, if you are a first-time DUI offender, you may be eligible for pre-trial diversion (which allows you to avoid a conviction regardless of the facts of your case).

If you lose your driver’s license as the result of a DUI arrest, eventually you will need to go through the process of having your driving privileges restored. Under a new law passed in 2024, this means that you will need to have an ignition interlock device installed in your vehicle. As the South Carolina DMV explains:

“Effective May 19, 2024, an Ignition Interlock Device (IID) will be required to install to clear DUI/DUAC and Felony DUI suspensions for violations dated on or after this date. The Ignition Interlock Program is overseen by the state Department of Probation, Parole and Pardon Services, which provides details on its website.”

This is in addition to paying the reinstatement fee, paying for SR-22 auto insurance, and meeting certain other requirements. Having your driver’s license suspended can be very expensive, and this makes it well worth hiring an experienced DUI defense lawyer to represent you.

Schedule a Free Consultation with a Rock Hill, SC DUI Defense Lawyer Today

Do you need to know more about the costs (and other consequences) involved with facing a DUI in South Carolina? If so, we encourage you to contact us promptly. To schedule a free consultation with an experienced Rock Hill, SC DUI defense lawyer as soon as possible, call 803-328-8822 or tell us how we can reach you online today.