Driving While Intoxicated & Traffic Violations
DRIVING UNDER THE INFLUENCE a.k.a. DUI
In February of 2009, the South Carolina Legislature passed a new DUI law. Driving Under the Influence has always been a serious charge with potentially devastating affects. However, its now more serious that its ever been. Furthermore, due to the tragic accidents and deaths that have occurred with alcohol involved, these charges are being prosecuted with a vengeance.
Another charge which is closely related to a DUI, is a DUAC, which stands for Driving with Unlawful Alcohol Concentration.
There is yet another DUI, which is called a Felony DUI, and results from having an accident where someone sustained substantial bodily injury or death. One of these charges carries up to 15 years in prison and the other one up to 25 years in prison. This DUI is addressed on another page.
Despite all of this, there are numerous and substantial things that an experienced defense attorney can do to win one of these cases or minimize the results.
A conviction for a DUI, carries with it.............
Potential jail
Huge fines
High Risk auto insurance; called SR-22
Driving Suspensions (possibly two separate suspensions)
Drug and Alcohol Treatment Programs
Court Appearances
Suspension Hearings
Loss of Employment
Just to name a few of what an attorney does in these cases, and by no means everything the attorney can do, is the following.......
****The attorney will obtain all of the Discovery (a.k.a. evidence) and will review it to assess its strengths and weaknesses
****Evaluate the chances of winning a trial
****Check if the proper and legal procedures were followed
****What defenses might be available,
****If any evidence can be suppressed
****What Motions should be made
****If the Breathalyzer machine was properly tested, calibrated, maintained and if the maintenance records are up to date, along with the required inspections and simulator tests
****Ascertain the validity of the Breathalyzer results
****Check that the required observation time was followed
****If proper Miranda warnings were given
****If the statutory required video taping was done
****Evaluate Probable Cause
****Determine if the arrest was lawful
****Investigate, collect and submit any and all of the “Defendant’s evidence that might help him/her in the case. This includes potential witnesses. Once this evidence is collected, then in order to use it in court, by law it must be provided to the prosecution in advance of trial. Also by law, the attorney is not required to submit all evidence to the prosecution, but only that evidence that benefits the defendant. This is not true of the prosecution’s evidence. They have to send everything they have, whether it benefits them or not.
****Verify the Implied Consent warnings were properly administered
****Protect the client through the entire case and all court hearings,
Roster Meetings, Roll Calls and any other court procedure
****Eventually the client/defendant will be called to court. At this time the
attorney will be there and will meet with the solicitor and/or the police
and will speak on behalf of the client. This relieves the client from
having to do this, which is quite stressful, to say the least
The above is not an exhaustive list of what the attorney does. This is merely an illustration some of what is involved in these cases and intended to show you that these are not “open & shut” cases. It is by and through these procedures and investigations that these DUI trials are won, and if not won, then reduced to a lessor charge such as Reckless Driving, and Dismissed. In the event that a defendant ends up with a conviction, the attorney can often negotiate with the solicitor for a reduced fine amount. This can be a substantial savings as the new DUI fines are extremely high and in some cases are literally thousands of dollars.
Furthermore, there are driving suspensions that the attorney can assist with, including the hearings they hold with regards to these suspensions, applications, affidavits, fees, etc. If a person takes the Breathalyzer and blows 0.15 or greater, or if a person refuses to take the Breathalyzer, their license to drive is automatically suspended. When that happens, there are two different types of licenses that a person can seek. One is called a Temporary Alcohol License and the other is called a Route Restricted license. The application process for these two is different from each other, and so is the terms of the particular license and the fees. One of them requires a hearing, which we can do for you. Its important to understand that neither of these suspensions have any bearing on the final outcome of the DUI charge and does not affect any guilt or innocence of the DUI case. These suspensions are only during the pendency of the DUI case and are totally separate from any suspension that may occur upon conviction. If a person is convicted of a DUI, there is yet another suspension involved and yet another license that a person can get which will allow them to drive during that suspension period. This is called a Provisional license.
So with a DUI being more serious than ever, you need an experienced DUI lawyer more than ever. Remember, a DUI is not just a traffic violation. It’s a Criminal Offense and a conviction will not only be on your Driving Record, it will be on your Criminal Record. So if you have never had a Criminal Record, you will now if convicted of a DUI.
Do not ever under estimate the value of an experienced attorney on these cases. The potential repercussions of such a conviction are just too serious, too expensive and long lasting.
Another charge which is closely related to a DUI, is a DUAC, which stands for Driving with Unlawful Alcohol Concentration. It is similar to a DUI, but has different elements, evidence and is handled differently. It is addressed here on another page.
Below are some of the more common questions with answers that you need to know. I’m sure you will have other questions and that is what we are here for. All calls and emails are more than welcome and you are encouraged to contact us.
Below I have posted some of the more common questions that clients will ask about with these cases. Even though some of what is below is repeated from above, its still important to have these answers. Read through these and see what other questions you have that we can help you with.
Question:
Do I need a lawyer for my DUI?
Answer:
The common response is, if you have a serious medical problem, then you should have a doctor. A serious legal problem is no difference. A DUI is unlike any other ticket you can receive. All of the considerations include, but are not limited to, stiff penalties such as suspensions, jail, high fines, high risk insurance requirements, license hearings, alcohol classes such as ADSAP, reinstatement fees, court costs and assessments, various court related matters such as Discovery, notice requirements, Roster Meetings, etc.
Question:
What if I am convicted?
Answer:
On February 2010, the South Carolina Legislature completely revised the DUI law in South Carolina and the State, County and City prosecutors are seriously prosecuting these cases. Even if you blew high on the breath test and you don't think you stand a chance, you should have an attorney. Even if you had an accident and/or looked bad on the video tape you should have an attorney. Regardless of whether you think you think there isn't a fighting chance, you should have legal representation. The new law is not only tough, but its complicated. Even the police are making mistakes with it. You would be surprised with what can be done with some of these cases.
Question:
How Bad Are The Penalties?
Answer:
They are about as bad as they can be. The legislature has upped the ante on just about every aspect to these cases. If convicted, there is the possibility of jail, and extremely high fine, or both. You will have your driver's license suspended, you will be required to have SR-22 insurance, and you will be a convicted Drunk Driver. This will not only go on your Driving Record, but will be on your Criminal Record as well. If you have never been convicted of a crime, then you need to think twice. A DUI is not just a traffic offense, it is a Criminal Conviction.
Question:
Will They Suspend My Diving Privileges When I Am Arrested?
Answer:
It depends. If a person takes the Breathalyzer and blows .15 or greater, then their license to drive is automatically suspended right then and there. And if a person refuses to take the test, then that too is an automatic suspension. These suspensions have nothing to do with whether a person is guilty of the charge or not and have no bearing on the final outcome of the criminal charge.
Question:
If my license is suspended when I am arrested, can I get a license to drive while the case is pending?
Answer:
Yes. In fact, there are two separate types of driver's license you can seek. Each one has a different process. You will also need to know about what is called the Implied Consent and also called the Administrative Hearing. Again, these do not have any affect or bearing on the final outcome of the case and do not affect whether you are found guilty or not.
Question:
Will My Attorney Help Me With The Administrative Hearing?
Answer:
It depends. Lawyers have different contracts and some will charge you more. I don't. I handle the hearing along with defending the criminal aspect of the DUI charge.
Question:
What is I don't blow very high and/or my driving wasn't very bad? Then you still should have an attorney. A DUI is still a DUI and that means that you have been charged with a serious crime.
Question:
Does the law punish a person differently depending on how much they blew?
Answer:
Yes. There are varying categories and each one has different fines and penalties. The legal limit is .08. One category is between .08 and .10. Another one is between .10 to .16. Yet another one is .16 and greater. Then it gets even more complicated when a person has a Second Offense, Third Offense, and so on.
Question:
Is there a charge for you to assess my case and tell me where I stand?
Answer:
There is no charge whatsoever. All consultations are free. All you have to do is call. Your welcome to email as well.
Again, there is no doubt that you will have other questions and that is what we are here for. All calls and emails are more than welcome and you are encouraged to contact us.
Every DUI case is different. Find out what the particulars are of yours.
SO IF YOU OR SOMEONE THAT YOU CARE ABOUT HAS BEEN CHARGED WITH A DUI, CALL US NOW. YOU OWE IT TO YOURSELF.
YOU CAN’T CHANGE THE PAST, BUT YOU CAN CERTAINLY IMPROVE YOUR FUTURE.
Every client deserves nothing but the best.......and beginning right now. You are encouraged to call or email with your questions, thoughts, concerns, and inquiries whatsoever. In addition to the contact information at the top of this page, you are welcome to contact me at my personal email address, and I will promptly respond. Please email me at LawyerSC@aol.com
In February of 2009, the South Carolina Legislature passed a new DUI law. Driving Under the Influence has always been a serious charge with potentially devastating affects. However, its now more serious that its ever been. Furthermore, due to the tragic accidents and deaths that have occurred with alcohol involved, these charges are being prosecuted with a vengeance.
Another charge which is closely related to a DUI, is a DUAC, which stands for Driving with Unlawful Alcohol Concentration.
There is yet another DUI, which is called a Felony DUI, and results from having an accident where someone sustained substantial bodily injury or death. One of these charges carries up to 15 years in prison and the other one up to 25 years in prison. This DUI is addressed on another page.
Despite all of this, there are numerous and substantial things that an experienced defense attorney can do to win one of these cases or minimize the results.
A conviction for a DUI, carries with it.............
Potential jail
Huge fines
High Risk auto insurance; called SR-22
Driving Suspensions (possibly two separate suspensions)
Drug and Alcohol Treatment Programs
Court Appearances
Suspension Hearings
Loss of Employment
Just to name a few of what an attorney does in these cases, and by no means everything the attorney can do, is the following.......
****The attorney will obtain all of the Discovery (a.k.a. evidence) and will review it to assess its strengths and weaknesses
****Evaluate the chances of winning a trial
****Check if the proper and legal procedures were followed
****What defenses might be available,
****If any evidence can be suppressed
****What Motions should be made
****If the Breathalyzer machine was properly tested, calibrated, maintained and if the maintenance records are up to date, along with the required inspections and simulator tests
****Ascertain the validity of the Breathalyzer results
****Check that the required observation time was followed
****If proper Miranda warnings were given
****If the statutory required video taping was done
****Evaluate Probable Cause
****Determine if the arrest was lawful
****Investigate, collect and submit any and all of the “Defendant’s evidence that might help him/her in the case. This includes potential witnesses. Once this evidence is collected, then in order to use it in court, by law it must be provided to the prosecution in advance of trial. Also by law, the attorney is not required to submit all evidence to the prosecution, but only that evidence that benefits the defendant. This is not true of the prosecution’s evidence. They have to send everything they have, whether it benefits them or not.
****Verify the Implied Consent warnings were properly administered
****Protect the client through the entire case and all court hearings,
Roster Meetings, Roll Calls and any other court procedure
****Eventually the client/defendant will be called to court. At this time the
attorney will be there and will meet with the solicitor and/or the police
and will speak on behalf of the client. This relieves the client from
having to do this, which is quite stressful, to say the least
The above is not an exhaustive list of what the attorney does. This is merely an illustration some of what is involved in these cases and intended to show you that these are not “open & shut” cases. It is by and through these procedures and investigations that these DUI trials are won, and if not won, then reduced to a lessor charge such as Reckless Driving, and Dismissed. In the event that a defendant ends up with a conviction, the attorney can often negotiate with the solicitor for a reduced fine amount. This can be a substantial savings as the new DUI fines are extremely high and in some cases are literally thousands of dollars.
Furthermore, there are driving suspensions that the attorney can assist with, including the hearings they hold with regards to these suspensions, applications, affidavits, fees, etc. If a person takes the Breathalyzer and blows 0.15 or greater, or if a person refuses to take the Breathalyzer, their license to drive is automatically suspended. When that happens, there are two different types of licenses that a person can seek. One is called a Temporary Alcohol License and the other is called a Route Restricted license. The application process for these two is different from each other, and so is the terms of the particular license and the fees. One of them requires a hearing, which we can do for you. Its important to understand that neither of these suspensions have any bearing on the final outcome of the DUI charge and does not affect any guilt or innocence of the DUI case. These suspensions are only during the pendency of the DUI case and are totally separate from any suspension that may occur upon conviction. If a person is convicted of a DUI, there is yet another suspension involved and yet another license that a person can get which will allow them to drive during that suspension period. This is called a Provisional license.
So with a DUI being more serious than ever, you need an experienced DUI lawyer more than ever. Remember, a DUI is not just a traffic violation. It’s a Criminal Offense and a conviction will not only be on your Driving Record, it will be on your Criminal Record. So if you have never had a Criminal Record, you will now if convicted of a DUI.
Do not ever under estimate the value of an experienced attorney on these cases. The potential repercussions of such a conviction are just too serious, too expensive and long lasting.
Another charge which is closely related to a DUI, is a DUAC, which stands for Driving with Unlawful Alcohol Concentration. It is similar to a DUI, but has different elements, evidence and is handled differently. It is addressed here on another page.
Below are some of the more common questions with answers that you need to know. I’m sure you will have other questions and that is what we are here for. All calls and emails are more than welcome and you are encouraged to contact us.
Below I have posted some of the more common questions that clients will ask about with these cases. Even though some of what is below is repeated from above, its still important to have these answers. Read through these and see what other questions you have that we can help you with.
Question:
Do I need a lawyer for my DUI?
Answer:
The common response is, if you have a serious medical problem, then you should have a doctor. A serious legal problem is no difference. A DUI is unlike any other ticket you can receive. All of the considerations include, but are not limited to, stiff penalties such as suspensions, jail, high fines, high risk insurance requirements, license hearings, alcohol classes such as ADSAP, reinstatement fees, court costs and assessments, various court related matters such as Discovery, notice requirements, Roster Meetings, etc.
Question:
What if I am convicted?
Answer:
On February 2010, the South Carolina Legislature completely revised the DUI law in South Carolina and the State, County and City prosecutors are seriously prosecuting these cases. Even if you blew high on the breath test and you don't think you stand a chance, you should have an attorney. Even if you had an accident and/or looked bad on the video tape you should have an attorney. Regardless of whether you think you think there isn't a fighting chance, you should have legal representation. The new law is not only tough, but its complicated. Even the police are making mistakes with it. You would be surprised with what can be done with some of these cases.
Question:
How Bad Are The Penalties?
Answer:
They are about as bad as they can be. The legislature has upped the ante on just about every aspect to these cases. If convicted, there is the possibility of jail, and extremely high fine, or both. You will have your driver's license suspended, you will be required to have SR-22 insurance, and you will be a convicted Drunk Driver. This will not only go on your Driving Record, but will be on your Criminal Record as well. If you have never been convicted of a crime, then you need to think twice. A DUI is not just a traffic offense, it is a Criminal Conviction.
Question:
Will They Suspend My Diving Privileges When I Am Arrested?
Answer:
It depends. If a person takes the Breathalyzer and blows .15 or greater, then their license to drive is automatically suspended right then and there. And if a person refuses to take the test, then that too is an automatic suspension. These suspensions have nothing to do with whether a person is guilty of the charge or not and have no bearing on the final outcome of the criminal charge.
Question:
If my license is suspended when I am arrested, can I get a license to drive while the case is pending?
Answer:
Yes. In fact, there are two separate types of driver's license you can seek. Each one has a different process. You will also need to know about what is called the Implied Consent and also called the Administrative Hearing. Again, these do not have any affect or bearing on the final outcome of the case and do not affect whether you are found guilty or not.
Question:
Will My Attorney Help Me With The Administrative Hearing?
Answer:
It depends. Lawyers have different contracts and some will charge you more. I don't. I handle the hearing along with defending the criminal aspect of the DUI charge.
Question:
What is I don't blow very high and/or my driving wasn't very bad? Then you still should have an attorney. A DUI is still a DUI and that means that you have been charged with a serious crime.
Question:
Does the law punish a person differently depending on how much they blew?
Answer:
Yes. There are varying categories and each one has different fines and penalties. The legal limit is .08. One category is between .08 and .10. Another one is between .10 to .16. Yet another one is .16 and greater. Then it gets even more complicated when a person has a Second Offense, Third Offense, and so on.
Question:
Is there a charge for you to assess my case and tell me where I stand?
Answer:
There is no charge whatsoever. All consultations are free. All you have to do is call. Your welcome to email as well.
Again, there is no doubt that you will have other questions and that is what we are here for. All calls and emails are more than welcome and you are encouraged to contact us.
Every DUI case is different. Find out what the particulars are of yours.
SO IF YOU OR SOMEONE THAT YOU CARE ABOUT HAS BEEN CHARGED WITH A DUI, CALL US NOW. YOU OWE IT TO YOURSELF.
YOU CAN’T CHANGE THE PAST, BUT YOU CAN CERTAINLY IMPROVE YOUR FUTURE.
Every client deserves nothing but the best.......and beginning right now. You are encouraged to call or email with your questions, thoughts, concerns, and inquiries whatsoever. In addition to the contact information at the top of this page, you are welcome to contact me at my personal email address, and I will promptly respond. Please email me at LawyerSC@aol.com
South Carolina Criminal Attorney Blog - Driving Under the Influence--DUI
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