South Carolina Drunk Driving Accident Lawyer

A drunk driver’s decision can change everything in an instant, leaving you injured, grieving, and unsure how life will ever feel normal again. You may be facing painful medical treatment, lost income, and a future filled with uncertainty, all because someone chose to drink and drive.

The legal process can feel overwhelming when you are also trying to heal. You might wonder how you will cover expenses, who will be held accountable, and whether anyone is truly on your side.

The South Carolina injury attorneys at Marcari, Russotto, Spencer & Balaban stand with victims and families harmed by drunk driving. We take on the legal burden, investigate every detail, and fight to hold negligent drivers and other responsible parties accountable so you can focus on recovery. Contact us for a free, no-obligation consultation.

“Can’t thank the team enough for helping me with my case. While I don’t want to be in another accident, if I do end up in one I know who to reach out too. Thank you all again!!!” — Halea

Why Choose Marcari, Russotto, Spencer & Balaban

At Marcari, Russotto, Spencer & Balaban, every case matters. We give each client the personalized attention they deserve, whether it is a personal injury case or a wrongful death case. Many families trust us because of our long-standing reputation for delivering strong legal representation and client-focused service.

Our attorneys bring more than 200 years of combined legal experience and a deep understanding of South Carolina law. When you work with us, you can expect dedicated advocacy, clear communication, transparency, and respect from start to finish. Inside and outside the courtroom, we pursue the best possible outcome for every client.

Our car accident attorneys fight for our clients as we would for our own families. Because accidents are unpredictable, we make ourselves available 24/7 by phone, email, social media, or live chat. If you need us, we are ready to provide a free, no-risk consultation.

You Don’t Pay Unless We Win

At Marcari, Russotto, Spencer & Balaban, our car accident lawyers believe that cost should never stand between an injury victim and the justice they deserve. That’s why we handle drunk driving accident cases on a contingency fee basis. This means you pay no upfront attorney’s fees unless we recover compensation for you.

We only receive a fee if we secure a settlement. If we don’t win, you owe us nothing for our time, effort, or legal services. This arrangement allows you to focus entirely on your recovery while we focus entirely on winning your case.

Testimonials

“Everyone was very nice and extremely concerned for my wellbeing. I could not have asked for better. They handled everything from my accident and kept me very well informed of all the processes. I would recommended them to anyone in need of excellent representation when having to deal with insurance claims. Thanks everyone, I couldn’t have got through this without you!” — Bobbie

“I reached out to Marcari, Russotto, Spencer and Balaban after my car accident. They have been amazing in helping with my claim. The insurance company didn’t want to pay me for my time out of work and basically offered me nothing. Once hired, my team started the negotiations. The insurance company low balled the offer at first, but my team got it to over double what the initial offer was. I was extremely satisfied with everything and everyone. I would absolutely recommend this firm to anyone after an accident claim.” — Jess

Understanding South Carolina DUI Laws

South Carolina law prohibits operating a motor vehicle while under the influence of alcohol or drugs to the extent that a driver’s ability to operate the vehicle is materially and appreciably impaired.

• A blood alcohol concentration (BAC) of 0.08% or higher creates a legal inference of impairment.
• Drivers can still be charged with DUI at lower BAC levels if other evidence of impairment exists.
• Penalties for a DUI conviction may include fines, jail time, and participation in programs such as the Alcohol and Drug Safety Action Program (ADSAP), which in some cases may include a DUI victim impact panel.
• In cases involving great bodily injury or death, offenders may face lengthy prison sentences and substantial fines.

Under South Carolina’s implied consent laws, all drivers are deemed to have consented to chemical testing (breath, blood, or urine) if suspected of DUI. Drivers can refuse testing, but refusal triggers an automatic license suspension and other penalties.

DUI vs. DUAC in South Carolina

South Carolina law recognizes two primary drunk driving offenses: Driving Under the Influence (DUI) and Driving with an Unlawful Alcohol Concentration (DUAC).

DUI (Driving Under the Influence)

Under South Carolina Code § 56-5-2930, a person commits DUI if they operate a motor vehicle while under the influence of alcohol or drugs to the extent that their ability to drive is materially and appreciably impaired.

DUAC (Driving with Unlawful Alcohol Concentration)

Under South Carolina Code § 56-5-2933, DUAC applies when a person operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, regardless of whether there is evidence of impaired driving ability.

The key difference between the two charges is that a DUI charge requires proof of impairment, while a DUAC charge is based solely on BAC level, even if no outward signs of impairment are present.

Common Factors Leading to DUI Accidents in South Carolina

DUI crashes often involve more than alcohol alone. Contributing factors may include:

• Excessive alcohol consumption that impairs judgment, reaction time, and coordination.
• Use of illegal drugs, prescription medication, or over-the-counter substances that affect driving ability.
• Underestimating the degree of impairment before driving.
• Reckless behaviors such as speeding, unsafe lane changes, or ignoring traffic signals.
• Overservice of alcohol by licensed businesses in violation of South Carolina liquor laws or by social hosts who provide alcohol to minors. South Carolina does not impose civil liability on social hosts for serving intoxicated adults.
• Driving aggressively, including tailgating or following too closely.
• Taking risks under the assumption of avoiding detection or arrest.

These incidents often occur late at night or on weekends, when impaired drivers are more likely to be on the road.

Common Injuries in South Carolina Drunk Driving Accidents

Crashes caused by impaired drivers often result in severe or catastrophic harm, including:

• Traumatic brain injuries (TBIs) and concussions from head impacts or rapid movement of the brain.
• Spinal cord injuries, including paralysis, herniated discs, and nerve injury.
• Broken bones and fractures, sometimes requiring surgical repair or amputation.
• Internal injuries such as organ damage or internal bleeding.
• Burns and disfigurement from fires, explosions, or chemical exposure.
• Lacerations and cuts from shattered glass or debris, which can cause permanent scarring.
• Soft tissue damage to ligaments, muscles, or tendons that may lead to chronic pain.
• Whiplash and other neck injuries.
• Dislocations and joint injuries.
• Facial fractures and dental trauma.
• Psychological injuries, including anxiety, depression, or post-traumatic stress disorder.
• Fatal injuries, as DUI crashes carry a high risk of death.

If you or a loved one has suffered any of these injuries in a drunk driving accident, Marcari, Russotto, Spencer & Balaban can handle the legal fight while you focus on medical care and recovery.

Steps to Take After a Drunk Driving Accident in South Carolina

The moments after a drunk driving crash can be overwhelming, but taking the right steps can protect your health, your legal rights, and your ability to recover compensation.

1. Move to a safe location and check yourself and others for injuries, if it is safe to do so.
2. Call 911 to report the crash and inform responding officers of any signs the other driver may be intoxicated.
3. Cooperate with law enforcement and seek prompt medical care, even if you feel fine, because some serious injuries are not immediately apparent.
4. Gather evidence at the scene, including photographs, video, witness names and contact information, and the other driver’s insurance details.
5. Obtain a copy of the police report as soon as it is available.
6. Keep a record of all communications with insurance companies.

Finally, contact an experienced DUI accident attorney as soon as possible. The team at Marcari, Russotto, Spencer & Balaban can investigate the crash, preserve key evidence, and begin building your claim immediately while you focus on healing.

Potentially Liable Parties in a South Carolina Drunk Driving Accident

In South Carolina, responsibility for a drunk driving crash can extend beyond the impaired driver. Depending on the facts, other individuals or entities may share liability.

The Drunk Driver

The intoxicated driver is usually the primary party held responsible. Under South Carolina law, driving under the influence (§ 56-5-2930) is considered negligence per se, meaning a violation automatically establishes a breach of duty. However, you must still show that the driver’s impairment caused the crash and your injuries.

The Establishment That Served Alcohol

Under South Carolina’s dram shop law (§ 61-4-580 and related laws), bars, restaurants, stores, and other licensed establishments may be liable if they serve alcohol to someone under 21 or to a visibly intoxicated person who later causes harm.

The Vehicle Owner

A vehicle owner may be liable under a negligent entrustment theory if they knowingly allowed an intoxicated or habitually reckless driver to use their vehicle.

Recovering Compensation After a South Carolina Drunk Driving Accident

Criminal proceedings do not provide compensation for personal losses. You may seek financial recovery through an insurance claim, and if a fair settlement cannot be reached, by filing a civil lawsuit.

Through a personal injury claim, you may seek:

• Economic damages, such as medical bills, lost wages, reduced earning capacity, and property damage.
• Non-economic damages, including pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

If the at-fault driver’s insurance is insufficient, you may be able to recover through your own uninsured motorist (UM) coverage (which is required in South Carolina) and, if you have it, underinsured motorist (UIM) coverage, which must be offered but can be declined. You may also pursue a dram shop claim against an establishment that unlawfully served alcohol.

Speaking with a DUI accident attorney at Marcari, Russotto, Spencer & Balaban as soon as possible can help you identify every potential source of compensation and protect your rights throughout the process.

Types of Damages Available in a South Carolina Drunk Driving Accident Case

If you are injured in a DUI-related crash, South Carolina law allows you to seek compensation for both financial and personal losses, including:

• Medical expenses such as hospital care, surgeries, rehabilitation, medication, and future treatment needs.
• Lost wages for time missed from work during recovery.
• Loss of future earning capacity if your injuries affect your ability to work.
• Property damage for the repair or replacement of your vehicle and other personal property.
• Pain and suffering for the physical and emotional impact of your injuries.
• Loss of enjoyment of life if you can no longer participate in activities you once enjoyed.
• Disfigurement or permanent disability for lasting physical changes or impairments.
• Emotional distress such as anxiety, depression, or post-traumatic stress disorder.

Marcari, Russotto, Spencer & Balaban can evaluate the full scope of your losses and pursue every category of damages you are entitled to under South Carolina law.

Wrongful Death Claims After a DUI Accident in South Carolina

When a drunk driving crash results in death, surviving family members may bring a wrongful death claim to seek justice and financial recovery. Under South Carolina Code § 15-51-20, these claims are filed by the personal representative of the deceased’s estate for the benefit of the spouse, children, parents, or other heirs. Liability may extend beyond the drunk driver to include establishments that unlawfully served alcohol or social hosts who provided alcohol to minors.

Recoverable damages may include:

• Funeral and burial expenses.
• Medical costs related to the fatal injury.
• Loss of financial support and future earnings.
• Loss of companionship, care, and guidance.
• Pain and suffering experienced by surviving family members.

A wrongful death lawsuit is separate from any criminal prosecution and carries a lower burden of proof, focusing on the losses suffered by the family. Marcari, Russotto, Spencer & Balaban can guide you through this process and hold all responsible parties accountable for your loss.

How Long Do I Have to File a Drunk Driving Accident Lawsuit in South Carolina?

Under South Carolina Code § 15-3-530, you generally have three years from the date of the accident to file a personal injury or wrongful death lawsuit. Certain circumstances, such as claims against a government entity or cases involving minors, may shorten or extend this period.

Because evidence can be lost and deadlines are strict, it is important to speak with a DUI accident attorney at Marcari, Russotto, Spencer & Balaban as soon as possible to protect your right to recover compensation.

Proving Driver Intoxication in a South Carolina DUI Accident Case

Establishing that the at-fault driver was impaired is a critical part of a drunk driving injury claim and can also influence related criminal charges.

For a DUI, the state must prove the driver was operating a motor vehicle while under the influence of alcohol or drugs to the extent that their ability to drive was materially and appreciably impaired. Evidence may include observations of erratic driving, field sobriety test results, or officer testimony.

For a DUAC, it is enough to show that the driver’s BAC was 0.08% or higher, typically established through breath, blood, or urine testing, even if there were no visible signs of impairment.

While criminal cases require proof beyond a reasonable doubt, civil claims only require proof by a preponderance of the evidence. Strong evidence, such as chemical test results, credible witness statements, and law enforcement records, can strengthen your personal injury claim.

Other Factors That May Affect a South Carolina DUI Accident Case

In a DUI accident claim, factors beyond the driver’s intoxication can influence liability and compensation:

• If the at-fault driver was working or operating a commercial vehicle, the employer may share liability, and additional insurance coverage may apply.
• Motorcycle accident victims often face more severe injuries and may experience insurance company bias, especially since helmets are not required for riders over 21.
• Insurers may attempt to undervalue damages or steer victims toward preferred repair shops, making legal representation important.
• Multiple insurance policies may be “stacked” to increase available compensation.
• South Carolina’s statute of limitations requires timely filing. Do not wait for the criminal case to conclude before seeking legal guidance.
• Consider the long-term and hidden costs of injuries, such as future medical treatment and reduced earning capacity, when determining the value of your claim.

Marcari, Russotto, Spencer & Balaban can evaluate these factors early in the process to strengthen your case and maximize your recovery under South Carolina law.

Can You Still File a Civil Claim if DUI Charges Are Dropped or the Driver Is Acquitted?

Yes. If DUI charges are dismissed or the driver is found not guilty in criminal court, you may still file a civil claim for damages in South Carolina.

Criminal DUI cases require proof beyond a reasonable doubt, a higher standard than in civil court. In a personal injury lawsuit, you only need to prove liability by a preponderance of the evidence, meaning it is more likely than not that the driver was impaired and caused the crash.

Even if the criminal case ends without a conviction due to insufficient evidence, procedural errors, or an acquittal, you may still recover damages by showing the driver’s negligence or impairment through other evidence. Marcari, Russotto, Spencer & Balaban can build a strong civil case regardless of the outcome in criminal court.

Are DUI Accidents Covered by Insurance?

If a drunk driver causes a crash, their auto insurance is generally responsible for covering damages. When the at-fault driver is uninsured or underinsured, you may seek compensation through your own uninsured/underinsured motorist coverage, which South Carolina law requires.

What if the Driver Who Hit Me Does Not Have Insurance?

You may be able to recover through your uninsured motorist (UM) coverage or by pursuing other liable parties, such as an establishment that unlawfully served the driver alcohol.

Dos and Don’ts When Dealing with Insurance After a DUI Accident

Following the right steps when speaking with insurance companies can protect your rights and improve your chances of full compensation after a South Carolina drunk driving crash.

Do

• Notify your insurance company promptly, giving only essential facts such as the time, location, and suspected DUI status of the other driver.
• Report the accident to both your insurer and the at-fault driver’s insurer.
• Keep written records of all communications with insurance representatives.
• Use your uninsured/underinsured motorist (UM/UIM) coverage if the at-fault driver lacks adequate insurance.
• Consult an attorney before accepting a settlement or giving a recorded statement.
• Gather and preserve evidence such as police reports, medical records, and photographs.
• Be ready to show that the drunk driver’s actions caused your injuries.

Don’t

• Do not admit fault or make statements that could be interpreted as accepting responsibility.
• Do not share unnecessary details before speaking with a lawyer.
• Do not give a recorded statement or sign documents without legal advice.
• Do not accept the first settlement offer without reviewing it with an attorney.
• Do not delay in reporting the accident or seeking medical care.
• Do not assume the insurance company will offer fair compensation.

Marcari, Russotto, Spencer & Balaban can communicate with insurers on your behalf and work to secure the compensation you are entitled to under South Carolina law.

How a Drunk Driving Accident Attorney Can Help

Hiring a DUI accident attorney gives victims an advocate who can handle the legal process while they focus on recovery. An attorney can:

• Manage all aspects of the case from start to finish.
• Investigate the crash and gather key evidence, including police reports, witness statements, and chemical test results.
• Establish the driver’s intoxication and legal liability.
• Handle all communications and negotiations with insurance companies.
• Prevent mistakes or statements that could weaken the claim.
• Accurately value damages, including medical bills, lost income, pain and suffering, and future needs.
• Pursue a fair settlement or, if necessary, take the case to trial.

The attorneys at Marcari, Russotto, Spencer & Balaban understand South Carolina DUI laws and will work to hold negligent drivers and other responsible parties accountable.

Choosing the Right Drunk Driving Accident Lawyer in South Carolina

Look for a lawyer with proven experience handling DUI accident cases, a strong track record of results, and a focus on personal injury law. Reputation matters, so check client reviews, testimonials, and professional recognitions. The right attorney will communicate clearly, keep you informed, and provide a client-focused approach from start to finish.

Most personal injury attorneys work on a contingency fee basis, meaning you pay nothing unless they win your case. A skilled lawyer with a strong support team and courtroom experience can give you confidence that your case will be handled effectively, whether it settles or goes to trial.

Frequently Asked Questions

Can I Still Recover Damages if I Am Partly at Fault in South Carolina?

Yes. Under South Carolina’s comparative negligence rule, you can recover damages if you are less than 51% at fault, but your compensation will be reduced by your percentage of fault.

Can a Passenger Sue a Drunk Driver After an Accident?

Yes. Passengers can bring a claim against the driver, though knowingly riding with an impaired driver may reduce the compensation awarded.

Does the Driver Going to Jail Affect My Civil Claim?

No. The criminal case is separate from your civil claim, and you can still pursue damages regardless of whether the driver is incarcerated.

Schedule a Free Consultation With a South Carolina Drunk Driving Accident Lawyer

Drunk driving crashes cause devastating harm, from serious injuries to the loss of loved ones. No one should bear these burdens alone. Even if the at-fault driver is not convicted in criminal court, you may still pursue a civil claim for damages.

The DUI accident lawyers at Marcari, Russotto, Spencer & Balaban have the experience and dedication to fight for your rights and seek the compensation you deserve. Call our law firm at 855-435-7247 or complete our online contact form to schedule your free case evaluation.