- September 5, 2022
A DUI in orangeburg can show up on your permanent record, but can you get one for sleeping in your car? Driving under the influence is known as DUI, whereas driving while intoxicated or otherwise impaired is known as DWI. All states have laws against driving while intoxicated or impaired (DWI) or while under the influence (DUI). These crimes include reckless driving while intoxicated by alcohol, narcotics, or other controlled substances.
The terms “DUI” and “DWI” are sometimes used interchangeably in states that solely prosecute DUI or DWI offenses. DUI accusations typically refer to cases of intoxication caused by alcohol, whereas DWI charges typically refer to cases of intoxication caused by illicit or legal drugs. While some states outlaw driving while intoxicated everywhere, others just forbid it on public streets and in public places. In either case, you would like to contact the best DUI defense lawyer near me to be on the safer side.
What are the Laws regarding DUI in Orangeburg?
A defendant could be charged with any of the various types of DUI recognized by state law. There are potential consequences for each of these many categories of DUI, some of which are more severe than others. DUIs of this nature include:
- DUI Felony
- Using drugs or alcohol while boating
- Having a drink before taking off
- Being intoxicated on a military base
- Drunk driving
- Minors DUI
According to the particular facts of the defendant’s case, there can be even more categories.
If a defendant is found guilty of a DUI, they may be subject to exorbitant fines, loss of employment or trouble finding new employment, compulsory high-risk insurance purchase, prison or jail time, either driving lessons or addiction therapy, losing one’s driving privileges or having them suspended. These penalties have the potential to be extremely harsh and shouldn’t be ignored.
Criminal penalties for a Conviction for DUI in Orangeburg, SC
In South Carolina, DUI offenses can result in severe consequences. Whether it is a first offense or a later conviction, everybody found guilty of DUI in Orangeburg faces some jail sentence. First-time offenders are subject to a minimum jail term of 48 hours and a maximum of 90 days. A second infraction carries a sentence that might last anywhere between five days and three years. Prison sentences of 60 days to five years might be imposed for third and subsequent offenses. As you can see, South Carolina has some severe consequences for DUI, which is another reason it’s so important to speak with an Orangeburg DUI attorney immediately.
DUI offenders can risk prison time and increasingly harsh fines for subsequent convictions. The maximum fine for third and subsequent violations is $10,000, while first-time offenders will pay a fine of between $400 and $1,000. When convicted of DUI in Orangeburg, you risk having your license suspended for anywhere between six months and two years or permanently after the fourth offense. You can lessen these fines and jail terms with the assistance of your Orangeburg DUI attorney.
You may be able to serve your time, pay your fine, and carry on with your life if you are a first-time offender who tests above the legal limit but blows below a threshold figure of 0.15. However, those who have previously been convicted or who have a breathalyzer reading of 0.15 or above will be required to install an ignition interlock device for a minimum of six months. This amendment to South Carolina’s DUI legislation, often known as Emma’s Law, was made after a drunk driver killed 6-year-old Emma Longstreet.
Will a DUI charge be brought against someone asleep inside the car?
It is true in a legal sense to say “yes.” DUI in Orangeburg refers to driving while intoxicated. Those four sentences alone would lead you to believe that you cannot be charged with a DUI if you aren’t driving. In reality, though, it is not like that. A DUI that does not involve driving is, in reality, feasible.
DUI charges might be levied against you even if you don’t plan on driving. A police officer may have cause to believe that a person should be detained for DUI in Orangeburg in several situations, including falling asleep in a moving car. Being physically in control of an automobile while intoxicated is illegal in most states. You don’t have to be driving to be deemed in control of the vehicle.
Preventing drunk driving is the aim of this. When supporters contend that it can too easily result in drunk driving, detractors will claim that there is nothing wrong with sleeping in your car while intoxicated. After all, a driver who is intoxicated and asleep in the front seat while driving with the ignition on is only a few steps away from making a risky choice.
You might be surprised, like most people, to learn that a DUI charge can be brought against you even if you are not driving. Like many other jurisdictions, Orangeburg considers it illegal to be physically in control of a vehicle while under the influence and to drive while intoxicated.
This implies that if you are sleeping it off in your car but have easy access to the keys, you may be considered to be “in control” of the vehicle and charged with a DUI. Therefore, operating a motor vehicle, such as a motorcycle, tractor, or golf cart, or even just sitting or sleeping behind the wheel, can result in you being arrested for DUI and put in the back of a police cruiser. An officer may decide to issue a DUI citation to someone who is in a parked car for several reasons, including the following:
- Non-Driving DUI
It appears that driving while intoxicated is riskier than sleeping in your car. However, you may be punished with a DUI in Orangeburg if you are discovered dozing off in your car while intoxicated. However, the officer must first establish that you recently operated the car for this to occur. In other words, merely falling asleep while driving won’t result in a DUI arrest. However, if the officer can show that you were drunk when you were stopped, you could get into trouble. Certain elements may tip off police to the idea that you recently drove in certain situations.
- Keys’ Location
It might be possible that you drove the automobile if you find your car keys in the ignition, in your hand, or in another location that would suggest they were recently used to start the car.
- Car Interior Warmth
Some automotive parts begin to heat up after a while of operation.
The engine, hood, and/or tires may be examples of this. The officer may be able to show you recently drove if there is warmth from the car.
- Your sleeping location
There is a difference between sleeping in the front and back seats. The policeman may infer that you are dozing off in the front seat and that you were operating the vehicle before locating a parking space and taking a nap. The officer can presume that you intended to drive even though you hadn’t started the car because you were sitting in the driver’s seat.
That said, DUI laws in Orangeburg are admittedly complex. If you are in a soup and unsure what to do, contact the best criminal defense lawyer in Orangeburg.
