Many people arrested for a first-offense DUI in South Carolina ask the same question. Do I really need a lawyer?
Some assume that a first offense is not a big deal. Others believe that if they blew a 0.08 or higher on a breath test there is nothing that can be done. These assumptions are often incorrect. A DUI charge can have serious long-term consequences, and in many cases there may be defenses or legal strategies that are not obvious to someone unfamiliar with DUI law.
If you have been charged with DUI in Lexington, Columbia, or elsewhere in South Carolina, it is important to understand what you are facing and why many people choose to hire a DUI defense lawyer.
A First-Offense DUI Is Still a Serious Criminal Charge
Even a first DUI conviction in South Carolina carries significant consequences.
One of the most important things people do not realize is that a DUI conviction results in a mandatory lifetime criminal record. Unlike many other charges, a DUI conviction generally cannot be expunged. The only way to avoid this conviction record, and even expunge the arrest, is to have the DUI charge dismissed or be found not-guilty after a trial.
In addition to the criminal record, a conviction can include fines or jail time at the court’s discretion. Drivers may also face license suspension, alcohol education requirements through ADSAP, installation of an ignition interlock device, and SR-22 insurance requirements.
Government estimates suggest that the total financial cost of a DUI conviction can exceed $10,000 once fines, insurance increases, and related costs are included.
DUI and Implied Consent Are Separate Issues
One of the biggest mistakes people make after a DUI arrest is misunderstanding how their driver’s license may be affected.
In South Carolina, a DUI arrest often triggers a separate administrative issue known as an implied consent violation. This can lead to a license suspension that is handled through the Office of Motor Vehicle Hearings rather than the criminal court.
Some people assume they cannot drive at all after an arrest. Others assume their license is not suspended when it actually is. In some situations the DMV records may not yet reflect a suspension even though it has already taken effect.
Another common problem occurs when someone waits too long to challenge an implied consent suspension. Missing the deadline to request a hearing can result in a license suspension and additional DMV penalties even if the DUI case itself is later resolved favorably in court.
Understanding these issues early can be critical.
Blowing a 0.08 Does Not Automatically Mean You Are Guilty
Another common misconception is that a breath test result of 0.08 or higher automatically means a DUI conviction.
Under South Carolina law, DUI is defined as driving while materially and appreciably impaired. This is ultimately a subjective standard. Arrests are based on a police officer’s opinion about impairment, not simply on whether someone consumed alcohol.
It is not illegal to drink and drive. The question in a DUI case is whether the driver was materially and appreciably impaired.
Because of this, DUI defense often involves examining the totality of the circumstances surrounding the arrest. Blowing 0.08, or even higher, does not make you automatically guilty in South Carolina.
DUI Cases Often Involve Technical and Evidentiary Issues
DUI cases are unique among criminal cases in South Carolina because they often involve technical procedures that law enforcement must follow.
When those procedures are not followed correctly, it can sometimes lead to dismissal of the charge.
A thorough DUI defense may involve examining many aspects of the investigation. This can include whether the officer had a valid reason for the traffic stop, whether a checkpoint was properly established, and whether field sobriety tests were administered and scored correctly.
At the Law Office of James R. Snell, Jr., LLC, the review process includes examining police reports, body camera footage, roadside video, and breath test video recordings. The breath testing equipment and testing procedures may also be evaluated, along with any available laboratory evidence for blood or urine tests.
James Snell is qualified as a field sobriety test instructor pursuant to the National Highway Traffic Safety Administration qualification standards, which can be relevant when reviewing how roadside tests were conducted.
In many cases, potential defenses only become apparent after the evidence is obtained and carefully reviewed.
Local Experience Can Matter in Lexington and Columbia DUI Cases
While many aspects of DUI law are statewide, the way cases are handled can vary depending on where the arrest occurred.
In the Lexington and Columbia areas there are many different law enforcement agencies that make DUI arrests. These include the South Carolina Highway Patrol, county sheriff’s departments, and numerous municipal police departments such as Columbia, Forest Acres, Irmo, Batesburg, Cayce, West Columbia, Lexington, and Chapin.
Other agencies may also be involved in some cases, including the University of South Carolina Police Department, Benedict College Police Department, Lexington Medical Center Police Department, and Columbia Metropolitan Airport Police.
DUI cases may also be handled in a variety of courts including Richland County Central Court, Lexington County DUI Court, and municipal courts corresponding to the arresting agency.
Each court can have different procedures, timelines, and approaches to resolving DUI cases.
Common Misconceptions About First-Offense DUI Cases
Many people believe that hiring a lawyer will not make a difference in a first-offense DUI case.
Some assume that if they blew above 0.08 there is no defense. Others believe that first offenses are automatically reduced to lesser charges. That may have been more common decades ago, but today DUI cases are often prosecuted vigorously.
Another misconception is that fighting the charge is not worth the cost. In reality, pursuing a dismissal or reduction can sometimes result in financial savings that exceed the legal fees when fines, insurance increases, and other costs are considered.
While no lawyer can promise or guarantee a particular outcome, exploring available defenses is often worthwhile.
Possible Outcomes in a DUI Case
Every DUI case is different and outcomes depend on the specific facts and evidence involved.
In some cases, DUI charges may be dismissed. In others, the charge may be reduced to a lesser offense. It may also be possible to successfully challenge an implied consent suspension or pursue expungement of the arrest if the case is resolved favorably.
If a case cannot be dismissed or reduced to a satisfactory resolution, the case may proceed to trial where the state must prove guilt beyond a reasonable doubt.
What To Do After a DUI Arrest in South Carolina
If you have been arrested for DUI in Lexington, Columbia, or elsewhere in South Carolina, one of the most important things to do is understand the status of your driver’s license.
It is also important to act quickly to preserve your ability to challenge an implied consent suspension and to begin gathering evidence related to the arrest.
Seeking legal advice early can help ensure that important deadlines are not missed and that potential defenses are identified as soon as possible.
Speak With a Lexington and Columbia DUI Lawyer
If you have been charged with DUI in Lexington, Columbia, or anywhere in South Carolina, you should speak to a lawyer before going to court.
The Law Office of James R. Snell, Jr., LLC represents people charged with DUI and other criminal offenses throughout Lexington County, Richland County, and surrounding areas.
We offer free consultations and same-day appointments are often available. If you would like to discuss your case, call (803) 359-3301 or visit snelllaw.com. James Snell has over 20 years experience in defending DUI charges, and is even the author of the book South Carolina DUI Defense: The Law and Practice. Call us today.
Every case is unique. Prior results obtained by the attorney in one matter do not indicate similar results can be obtained for other clients in other matters.