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Challenging DUAC Charges

Challenging DUAC Charges

Driving with unlawful alcohol concentration (DUAC) charges (distinct from DUI charges) can have serious consequences on your life, including fines, license suspension, and even jail time. If you have been charged with DUAC, it's essential to understand the legal process to protect your rights.

In this blog post, we'll provide you with information on what to expect after your arrest, plus some valuable tips on how to choose a criminal defense attorney.

What to Expect After Being Charged with a DUAC in South Carolina

In South Carolina, once you are charged with a DUAC, the legal process begins. You may be taken into custody and later released on bond. A court date is set, typically within a few weeks of the arrest. If convicted, you will face penalties, including fines, jail time, and a six-month license suspension.

If you find yourself arrested on suspicion of DUAC, it's essential to take immediate steps to protect your rights and start building your defense:

  1. Stay Calm: Law enforcement officers are doing their job, and getting upset can lead to additional complications.
  2. Exercise Your Right to Remain Silent: Anything you say can be used against you in court. Therefore, it's advisable to wait until you have legal representation before making any statements.
  3. Contact a Lawyer: As soon as possible, reach out to an attorney who has experience with DUAC cases. They can guide you through the legal process and help construct a strong defense.
  4. Prepare for Your Court Date: With your attorney, gather any evidence and witnesses that could support your case.
  5. Attend All Court Dates: It's critical to attend all scheduled court dates. A failure to appear can result in a warrant for your arrest.
  6. Comply with All Court Orders: If the court imposes any conditions, such as alcohol education or treatment programs, make sure you comply. Non-compliance could negatively impact your case.

A DUAC has the exact same effect on your driver's license as a DUI. The difference between a DUI and a DUAC is that for a DUI conviction the state is required to prove material and appreciable impairment. For a DUAC it is simply driving with a blood alcohol level of 0.08 or higher. In almost all situations someone is first taken into custody for DUI, but then later then charge may be amended to DUAC after taking a breath test and registering a high enough reading. 

Finding the Right Defense Attorney for DUAC Charges

A crucial step in challenging DUAC charges is securing the representation of a criminal defense attorney well-versed in DUI and DUAC cases. Choosing the right lawyer can make a significant difference in the outcome of your case.

Track Records Matter

When seeking an attorney, consider their track record with DUI and DUAC charges. A successful history in these specific cases implies that they possess the skills required to manage your case as well.

Established Experience

Familiarity with the South Carolina DUI court system is another crucial factor to look into. Every court system has its unique processes and protocols, and an attorney who is knowledgeable about the DUI and DUAC court system can be crucial for success. 

Open Communication

Remember that communication is key when it comes to a lawyer-client relationship. The attorney you choose should be able to explain the legal process in understandable terms and keep you updated about the progress of your case.

Schedule a Consultation First

Most attorneys will schedule an initial consultation or case evaluation before you officially sign on with them as their client. This consultation is your opportunity to assess whether this attorney will be a good fit for you. We strongly recommend that people always schedule a consultation before hiring an attorney to defend them in their DUAC case. This can help you find an attorney who aligns best with your needs.

Turn to the Law Office of James R. Snell, Jr., LLC

Challenging DUAC charges can be a complex and challenging process, but with the right attorney and a strong defense, you can go into this process more confident and self-assured. If you have been charged with DUAC, contact the Law Office of James R. Snell, Jr., LLC today to schedule a consultation and learn more about how we can help you challenge your charges.


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