DUS (Driving Under Suspension)
A Driving Under Suspension (DUS – in violation of South Carolina Code Section 56-1-460) ticket is an actual criminal charge for driving while one’s license has been suspended or revoked.
It has been estimated that up to twenty-five (25%) percent of the drivers on the road are driving without a valid South Carolina driver’s license!
Often times a driver’s license will be suspended for clerical errors between the DMV, the driver’s insurance company, and various State agencies for failure to comply with their regulations. The most common suspensions occur as a result of unpaid traffic tickets/fines.
Driving Under Suspension carries the following penalties:
- for a first offense, fined Three Hundred ($300.00) Dollars or imprisoned for up to thirty (30) days, or both;
(b) for a second offense, fined Six Hundred ($600.00) Dollars or imprisoned for up to sixty (60) consecutive days, or both; and
(c) for a third and subsequent offense, fined One Thousand ($1,000.00) Dollars and imprisoned for up to ninety (90) days or confined to a person’s place of residence pursuant to the Home Detention Act for up to ninety (90) days. No portion of a term of imprisonment or confinement under home detention may be suspended by the trial judge, except when the court is suspending a term of imprisonment upon successful completion of the terms and conditions of confinement under home detention. For purposes of this item, a person sentenced to confinement pursuant to the Home Detention Act is required to pay for the cost of such confinement.
Our office prides itself in determining the cause of the original suspension and helping to resolve the initial problem that caused the suspension. We will work tirelessly in an effort to assist our clients to satisfy the requirements of the DMV, determining reinstatement fees and satisfying State agencies so that your driving privileges can be restored.
Often times we can negotiate with the arresting agency a reduction or complete dismissal of the Driving Under Suspension charge once the driver’s license has been reinstated.
DUS DUI RELATED (South Carolina Code Section 56-1-460(A)(2)(a): The charge of DUS, DUI related, comes about when an individual has had their driver’s license suspended as a result of a DUI charge and does not possess a valid SC driver’s license at the time they are stopped. This charge carries a higher penalty than the standard DUS because it is designed to prevent the DUI driver from reoffending by getting back behind the wheel without following the State mandated procedures beforehand. The State Legislature purposely requires a mandatory minimum jail sentence for any individual convicted of a DUS DUI related charge. No portion of this sentence may be suspended and the actual sentence must be served, either as a straight jail sentence or in the form of weekend jail time.
The penalties for DUS, DUI related, are as follows:
(a) for a first offense, fined Three Hundred ($300.00) Dollars or imprisoned for not less than ten nor more than thirty (30) days;
(b) for a second offense, fined Six Hundred ($600.00) Dollars or imprisoned for not less than sixty (60) days nor more than six (6) months;
(c) for a third and subsequent offense, fined One Thousand ($1,000.00) Dollars and imprisoned for not less than six (6) months nor more than three (3) years.
Often times our office, depending on the facts and circumstances of the arrest and the strength of the case, may prevail in negotiating a sentence not requiring the mandatory jail time or a dismissal of the DUS.
This is why it is important for you to contact a law office who has an attorney who is experienced in challenging motor vehicle stops and working with officers.
Please contact us immediately if you or someone you know has been arrested for DUI, DUS or a related offense. You may reach us by phone at 843-971-0099; by e-mail at Peterdavidbrown.com