South Carolina DUI Defense
If convicted of Driving Under the Influence, or DUI, in South Carolina, you are at risk of losing your license and going to jail. Many individuals depend on their driver's license to get back and forth to work and to take care of their families. Many professionals may even lose their jobs if they are convicted of DUI, and a conviction to DUI will result in an automatic suspension of a CDL license for a year.
South Carolina law is very specific about the requirements that must be met by the State Trooper or local police in order for them to obtain a conviction for Driving Under the Influence or DUI. If you are pulled over for DUI you have a right to remain silent, refuse any roadside sobriety testing, and to refuse to be tested with the breathalyzer or datamaster machine.
The standard DUI charge in South Carolina is found in S.C. Code § 56-5-2930. This is the most common impaired driving offense. It provides for a jail sentence of up to 30 days or a fine in the amount of $992 for first time offenders. Additionally there will be a six month license suspension, as well as a requirement for SR-22 insurance.
South Carolina also has a Driving under an Unlawful Alcohol Concentration, or DUAC, violation in S.C. Code § 56-5-2933. A DUAC violation results in a jail sentence of up to 30 days or a fine in the amount of $992 for first time offenders. Additionally there will be a six month license suspension, as well as a requirement for SR-22 insurance.
These cases become more serious for those with prior convictions, and cases may be handled in the Court of General Sessions and prosecuted by the local Solicitor's office. There is a very real possibility that a charge of DUI 2nd or higher puts you at risk of serious jail or prison time.
South Carolina DUI Defenses
A DUI or DUAC charge is a serious criminal offense, and with it comes all the protections afforded under the law. Being arrested or charged does not mean that you are automatically convicted, and there are many available defenses to a DUI or DUAC charge. Possible defenses include:
- That the police officer did not have a legally justifiable reason for stopping you in the first place
- That there are technical problems with the breathalyzer or datamaster machine, or the records on the machines was not kept current
- You were not given complete and accurate Miranda warnings at every stage of the investigation and arrest as required by law
- That there is insufficient evidence to show that you were materially and appreciably impaired in the operation of a motor vehicle
- That the police officer failed to follow required procedures for videotaping on the roadside and again in the breathalyzer or datamaster room
- There may be a lack of evidence that you were actually the driver or operator of a motor vehicle
South Carolina Administrative Hearings
If your license was suspended as a result of failing to consent to a breathalyzer test, or blowing over .15 (or .02 for an under 21 driver), it may be possible to get your regular license back through an administrative hearing. You only have a limited time frame to request an administrative hearing, and it is critical that you meet this deadline. Usually within a week of requesting the hearing you will be able to get a temporary license that is not route or time restricted.
At the hearing the State has to show that you were lawfully detained, properly advised of your rights, that the officer was qualified to administer any tests and that all equipment was in working order. If they fail to do so then you will receive your regular license back. If the suspension is sustained you still may be eligible for a route-restricted license for school and/or work.
Our Services for Clients Charged with DUI\DUAC
Although every case is different, the following serves as a listing of services provided in most all DUI or DUAC cases:
- You will receive a private, confidential meeting with Mr. Snell to discuss all aspects of your arrest, and to answer any of your initial questions
- If necessary, Mr. Snell will request an administrative hearing on your behalf, usually on the same day that he is hired. Requests for administrative hearings are either delivered by courier or overnight mail to the Administrative Law Court in Coulumbia so that you will be eligible for a temporary license as soon as possible
- A jury trial request and initial discovery motions will be prepared and filed with the Court. This will typically result in you not having to appear on the Court date listed on your ticket
- If necessary, an expert on breath testing procedures and techniques will be retained to scrutinize your breathalyzer or datamaster test and any results the State intends on introducing at trial
- A thorough review of any "side of the road" video footage, and a scrutiny of all aspects of your arrest and the State's case to locate and prepare available defenses
- Actual Courtroom representation to include making any necessary suppression motions, objecting to improper evidence or testimony submitted by the State, and trial advocacy before a jury
Felony Driving under the Influence, DUI with Death
S.C. Code § 56-5-2945
If you are charged with Driving under the Influence resulting in Death you face anywhere between one to twenty five years imprisonment. If convicted it is mandatory that you must go to the South Carolina Department of Corrections as no part of the sentence may be suspended. This is one of the most serious charges in South Carolina, and those convicted routinely receive sentences in excess of 15 years.
There are a variety of additional defenses to a charge of Felony Driving under the Influence, DUI with Death, to include a requirement that there was a contributing violation of South Carolina Traffic Law resulting in the accident (such as speeding, or running a stop sign), and procedures when having a blood sample taken. These cases are brought in the Court of General Sessions and are prosecuted by the Solicitor's office.
Felony Driving under the Influence, DUI with Great Bodily Injury
S.C. Code § 56-5-2945
If you are charged with Driving under the Influence resulting in Great Bodily Injury you face up to fifteen years imprisonment. If convicted it is mandatory that you serve at least some jail or prison time.
There are a variety of additional defenses to a charge of Felony Driving under the Influence, DUI with Great Bodily Injury, to include a requirement that there was a contributing violation of South Carolina Traffic Law resulting in the accident (such as speeding, or running a stop sign), and procedures when having a blood sample taken. These cases are brought in the Court of General Sessions and are prosecuted by the Solicitor's office.
