Are There Potential Consequences for a DUI on Halloween?

halloween cocktail drinks

Adults tend to celebrate Halloween by attending some sort of party. If you plan on attending and also drinking at one of these parties, then you must practice safety. That is, you must not drink and drive. The consequences for drinking and driving not only include being at risk of serious injuries and damages but also being sentenced to jail time, fines, license revocation, and more. Continue reading to learn the potential consequences of a DUI on Halloween and how an experienced Chesterfield County DUI lawyer at Cockrell Law Firm, P.C., can work on your behalf in building possible defenses against your charge.

What are the potential penalties for a DUI on Halloween?

Driving under the influence of drugs or alcohol is always considered a serious offense in the state of South Carolina. However, on Halloween night, law enforcement officers make it a special point to penalize drivers for such negligent behavior on the roads. So, if you are caught with a blood alcohol content (BAC) of anywhere between 0.08 percent to 0.10 percent, then you are potentially facing the following penalties:

  • First-offense DUI:
    • Incarceration for up to 30 days, at most.
    • Fines amounting to $400.
    • Driver’s license revocation for six months.
  • Second-offense DUI:
    • Incarceration for one year, at most.
    • Fines amounting to $5,100.
    • Driver’s license revocation for one year.
  • Third-offense DUI:
    • Incarceration for three years, at most.
    • Fines amounting to $6,300.
    • Driver’s license revocation for between two to four years.

And inevitably, if your BAC was higher than 0.10 percent at the time of your offense, then your potential penalties will be more severe than what is stated above. In addition, while most DUIs are considered misdemeanors, a fourth-offense DUI is considered a felony. The potential penalties for a fourth-offense DUI with a BAC of anywhere between 0.08 percent to 0.10 percent include the following:

  • Incarceration for five years, at most.
  • Permanent driver’s license revocation.

What are potential defenses against my DUI charge on Halloween?

The most common defense that is taken against a DUI charge is that a law enforcement officer improperly conducted field sobriety tests. That is, the officer who pulled you over on suspicion of driving while intoxicated must determine your level of intoxication through various tests that measure your motor skills and balance. So, you can argue that you did not receive a fair chance of passing the tests and that you failed and received a DUI charge as a result if you can prove any of the following:

  • The officer did not read the test instructions to you.
  • The officer did not provide a demonstration of the test for you.
  • The officer did not allow you to remove your high heels.
  • The officer ignored the health-related issues that may have prevented you from successfully completing the test.

For assistance with your defense, you must retain legal representation from a skilled Chesterfield criminal defense lawyer. Call us today.