DUI is a serious offense in South Carolina. There are two different kinds of alcohol and drug offenses. There is a DUI which is driving under the influence. Or a DUAC which is driving with an unlawful alcohol concentration. Both carry serious punishments. What is the first thing you should do if you are arrested?  Call a DUI lawyer.

Do not wait. You need a DUI lawyer if you are brought in for DUI in South Carolina. You are about to face hefty fines and loss of your license. You’ll have to go to court and will have to go before a judge. Conviction is probable. Do not wait until the day before court to call a DUI attorney. You should call a DUI defense attorney the day after your arrest.

Take documentation. When you are arrested, you will receive documentation from the police station. You should have a copy of your arrest and you will get notice of a court date.  You may get a copy of your BAC report. Take these papers to your DUI attorney’s office.

You hired a DUI Lawyer. Now what?

You have called and scheduled a consultation with a DUI lawyer. The next step is important.  Show up. Do not miss your consultation. Do not be late. Arrive early with all of your paperwork.  You should also:

• Prepare.

  Prepare to answer any questions your DUI attorney has. Always be honest. If you were drinking, tell your DUI attorney.  If you were using drugs at the time of the arrest, tell him. You were tired or sick, tell him. Now is the time to tell your DUI defense attorney the truth. He can only help you if you’re honest.  

• Be realistic.

  Do not expect your DUI lawyer to perform miracles. The DUI law is clear.  The penalties are clear. The burden of proof is on the prosecutor. But remember, you were arrested for DUI. There had to be a good reason. Your DUI attorney will do his best to defend you. He will try to get you the lowest fine and he will try to keep you out of jail.  However, he will probably not be able to get the charges dropped. He most likely cannot prevent you from losing your license.

DUI Lawyers Know the Law

South Carolina DUI and DUAC laws are very clear. DUI lawyers know the law. They can explain the law to you and apply it to your case. They will let you know if the state has a strong case.  You should know that DUI lawyers cannot change the past. They cannot change your BAC levels. They cannot make the arrest disappear.

South Carolina has a DUI statute. This statute sets blood alcohol content (BAC) limits. It sets rules for testing and lists the penalties for DUI and DUAC. The statute leaves little wiggle room.

DUI is driving while under the influence of alcohol or drugs. If you are driving carelessly or weaving in and out of lanes, you may be suspected of DUI. An officer will pull you over. He will ask if you have been drinking or doing drugs. Or say he smells alcohol. He may see an open container. All of these make you look guilty of DUI.

You will be asked to do a sobriety test. This test usually requires you to walk a straight line. You may have to say the alphabet backward. The officer may shine a light in your eyes. The officer may also ask you to take a breathalyzer test. The breathalyzer will measure your BAC.

If your BAC comes back higher than 0.05%, you will be arrested for DUI. The higher the BAC, the higher the alcohol level. Anything from 0.05-0.08 qualifies for DUI. If it is higher than 0.08 it is called DUAC (Driving with Unlawful Alcohol Concentration.)  Either way, you will be arrested.

Ask a DUI Defense Attorney: What Happens Next?

Now that you have been arrested, you need your DUI Lawyer. Ask him what happens next.  What kind of punishment are you facing? How much trouble are you in? You want to ask your attorney these questions.  Here is a brief summary of how it works.

You were arrested. You have a court date. What do you do now? Your DUI attorney will ask the prosecutor for discovery. Discovery is all the proof the state has to convict you of DUI. This will include officers’ statements. It will include the BAC results and a video of you driving.  It will have the field sobriety test results and a video of you performing the society test. This will all be in use during court. A judge sees this.

Depending on your town, the prosecutor will usually talk to your attorney about your case. Your DUI defense attorney will call or stop to see the prosecutor. He will try to get the charges dropped. He will ask the prosecutor if the state is willing to reduce the charges and will see what punishment the prosecutor is seeking. This is all information the state would never give you. But, they’ll give it to DUI lawyers.

DUI Law in South Carolina

The penalties for DUI and DUAC are steep. Penalties increase for each offense. They are also black and white. There is not the leeway you have with other crimes. DUI laws are strict for a reason: DUI is a dangerous crime. You can hurt or kill yourself and you can kill or hurt somebody else. The judge has little sympathy for DUI defendants. They have no sympathy for DUI lawyers.  Some of the other concepts you should know about include:

• Implied consent

South Carolina has what’s called implied consent. Anyone who drives in the state agrees to BAC testing. You consent to testing of your breath, blood, and urine. These tests determine the presence of drugs and alcohol. Refusing a BAC will automatically revoke your license for 6 months.  

• Zero tolerance

If you are under 21, the state has zero tolerance. Any BAC of .02 or higher results in license automatic suspension of three months. If someone under 21 refuses a BAC, it is a six-month suspension.  

• Commercial driver regulations

If you are a commercial driver, a DUI is costly.  It disqualifies you from driving commercially for one year if convicted. The BAC required for commercial drivers is only .04%.  

• Provisional license

You may apply for a provisional license if you have a DUI conviction. This allows you to drive back and forth to work. Your DUI lawyer can request this for you. You must show that you are the sole breadwinner. You must also show that you have a family depending on you. The judge decides whether you get one.

How DUI Lawyers Make a Difference in Court

Your DUI lawyer knows the law. He knows the penalties and what you are up against. He also has handled many DUI cases, and can speak to the prosecutor to try to work out a fair deal for you. All DUI carry fines and possible jail time.  They all carry a revoked license. The penalty depends on whether it’s your first DUI.  Your lawyer can negotiate the lowest penalty for you. Here is a breakdown of the DUI penalties in South Carolina.

A first offense DUI is a misdemeanor.  It carries the following penalties:

• • BAC <.10
    • Up to 30 days in jail
    • $400 fine
    • 6 month revoked license
  • BAC .10-.16
    • Up to 30 days in jail
    • $500 fine
    • 6 month revoked license
  • >.16
    • Up to 90 days in jail
    • $1,000 fine
    • 6 month revoked license

A second offense DUI is also a misdemeanor.  If convicted, you face the following:

• • BAC <.10
    • Up to 1 year in jail
    • $5,100 fine
    • 1-year revoked license
  • BAC .10-.16
    • Up to 2 years in jail
    • $5,500 fine
    • 1-year revoked license
  • BAC >.16
    • Up to 3 years in jail
    • $6,500 fine
    • 1-year revoked license

A third offense DUI is still a misdemeanor.  It carries the following penalties:

• • BAC <.10
    • Up to 3 years in jail
    • $6,300 fine
    • 2-4 years revoked license
  • BAC .10-.16
    • Up to 4 years in jail
    • $7,500 fine
    • 2-4 years revoked license
  • BAC >.16
    • Up to 5 years in jail
    • $10,000 fine
    • 2-4 years revoked license

 

A fourth offense DUI is a felony.  It comes with long jail sentences and a permanent revocation of your driver’s license.  There are no fines that come with this felony.

How DUI Defense Attorneys Can Help

Your DUI lawyer will know early what penalties you face. He will also ask the prosecutor to confirm this. Depending on your case, he will try reducing your DUI charges. If it is a second offense, he will ask to plea to a first offense. Your DUI lawyer will do what you cannot. The prosecutor is not going to speak to you. He will speak to your DUI defense attorney. Your lawyer will look for the officers’ mistakes. He will look for weak evidence. If there is a defense, he will find it.

What Your DUI Lawyer Will Do

Your DUI lawyer will do his best to get the charges dropped.  There are very few times this will work. He will ask if the BAC test was tainted.  He can attack the field sobriety test results. Your DUI attorney will ask for maintenance records on the BAC machine.  

DUI defense attorneys know what to look for. They will do case research and talk to other DUI lawyers. They have a relationship with the court and they know the police officers. They’ll also know the town’s history with DUI cases.  

Your DUI Lawyer Will Argue a Defense

Once your DUI defense attorney has your case, he will look for a defense. In South Carolina, there are several defenses to DUI. Your case may fit into one of them. If it does, your attorney will argue that defense. He will use discovery to do this. He will also rely on your story. Some defenses are:

• The stop was illegal. The police must have good reason to pull you over. They must have reasonable basis that a traffic law has been broken. If they did not, the stop was illegal.  If the stop is illegal, the BAC cannot be used against you.

 

• The field sobriety test was inaccurate. The police must conduct an accurate field sobriety test.  If the test was not reasonable, using it against you is not allowed.

 

• Police did not have their own information. The cops cannot pull you over based on an anonymous tip. They must personally see you break the law.  

 

• The Breathalyzer was inaccurate. In South Carolina, every breath test must be on the Federal List of Approved Breath Evidential Instruments. If the test used was not on the list, it is illegal.  Hence, the results cannot be admitted.

 

• Officers did not read you your rights. The police must read you your rights. They must tell you the risk of refusing the BAC. They must also read you your Miranda rights. A violation of either helps you. The charges would likely be dropped.

 

• The video contradicts the arrest. In South Carolina, all DUI are videotaped. If the tape contradicts the police statements, you have a defense.

Your DUI attorney knows these defenses. He will see if your case fits any of them.  If it does, he will ask that the charges be dropped. He will argue your case to a judge and find case law that backs your story up. He will let the prosecutors know what his argument will be. This could lead to reduced charges or a dismissal. It may lead to no jail time and lower fines.  

A good DUI lawyer will do what he can to help you. Brian T. Smith is that lawyer. Call for a free consultation. Getting arrested is scary. You can’t afford to lose any time and you can’t afford to face it alone. The state has lawyers on their side. You need a lawyer on your side.