UpstateDUI.com

1.  Is it illegal to drink and drive?

NO. It is not illegal in South Carolina to consume alcoholic beverages and then drive a vehicle. You can only be found guilty of DUI when a judge or jury is convinced beyond a reasonable doubt that your ability to drive was both materially and appreciably impaired by alcohol consumption.

2.  If I register over .08 on the Breathalyzer test, am I automatically guilty of DUI?

NO. The Breathalyzer reading is simply a piece of evidence that a judge or jury can consider as evidence of DUI at your trial (if the Breathalyzer results are admitted as evidence in your trial).

3.  Is it my legal right to refuse to take the breathalyzer test?

YES.

4. Do I have a right to an attorney when I am stopped for DUI?

No. South Carolina law does not provide for the right to an attorney when you are initially stopped for DUI. However, the officer will inform you of your Miranda rights, which include the right to remain silent until you have time to consult with an attorney. Taking advantage of these rights in most cases is your best option. Answer basic booking questions and remain cordial with the officer at all times.

5.  How can I get a license to drive (if it was seized or forfeited during your arrest)?

You must request an administrative hearing within thirty (30) days of your arrest and apply for a temporary alcohol license. Contact our office. We will walk you through the process.

6.  Is a DUI charge serious? It was written on the same type of blue ticket that speeding charges are written on?

YES. A DUI conviction will have serious consequences on your ability to drive in South Carolina. It can also carry jail time, community service, alcohol counseling, and hefty fines.

7.  What is the punishment for a DUI conviction?

For first offenders:

• A fine of around $1,000
• 48 hours to 30 days in jail, or 48 hours community service;
• Immediate surrender of your driver’s license to the court;
• Mandatory completion of a state sponsored alcohol counseling course (if you wish to drive legally again);
• Filing proof of high risk insurance (SR22) with the state for three years (if you wish to drive legally again);
• Six months suspension of your license.

For a second offense:

• Five days to one year in jail;
• Oneyear suspension of driver’s license;
• A fine of $2,000 to $4,000;
• Filing proof of high risk insurance (SR22) with the state for three years (if you wish to drive legally again);
• Vehicle immobilization required.

For a third offense:

• 60 days to three years prison term;
• Fines ranging from around $3,800 to $6,000 (no suspension to less than $2,100);
• License suspended for two years, unless preceding DUI was within a five year window which will result in a four year suspension;
• Motor vehicle forfeited;
• Vehicle immobilization required;
• Filing proof of high risk insurance (SR22) with the state for three years (if you wish to drive legally again);

A DUI conviction stays on your criminal record forever, and can be used against you for ten years for punishment enhancement if you are charged again.

8.  Do I need a lawyer to represent me in a DUI charge?

I strongly recommend that you retain an attorney experienced in DUI defense. On many occasions, there are legal defenses to a DUI charge that generally only an experienced DUI defense attorney can spot on your behalf. The attorney who handled your divorce or house closing is most likely not your best option.

9.  Why should I consult with or consider retaining you and your firm?

First, it would be my pleasure to meet with you. I was a DUI prosecutor my first two years out of law school which afforded me the opportunity to prosecute hundreds of related cases during that time. For the past ten plus years my area of practice has been criminal defense, with an emphasis on DUI defense. I have had the pleasure of representing more than nine hundred clients accused with DUI.

Additionally, I am one of only a handful of DUI defense attorneys in the Southeast with a full time staff investigator who spent the majority of his law enforcement career  detecting/arresting DUI cases. He is a great asset.

Last, if you choose not to visit with our firm, that's okay. However, I strongly recommend that you visit with an experienced DUI defense attorney.

10. I was arrested/charged with DUAC. What's that?

Driving with an Unlawful Alcohol Concentration (DUAC) simply means that the officer perceived a moving violation and a breathalyzer result of .08 or higher was obtained. The penalties are the same as a DUI.