If you have been pulled over under suspicion of driving under the influence in Fort Mill & Greenville, South Carolina, and were instructed to take a field sobriety test and asked to take a breathalyzer or DataMaster test, you probably spent the night in jail as a result.
Now, it is time to determine your legal options, so you can make an informed decision about how your case is handled going forward. DUI laws in South Carolina are complex and our attorneys can show you the defenses you have, regardless of any breathalyzer results. If your license was suspended, we will help you get your license back and your ability to drive reinstated as quickly as possible.
At the David W. Martin Law Group, our DUI attorneys in Fort Mill & Greenville have the responsibility to inform all our clients that, if convicted, a DUI is not eligible for expungement and will remain on your arrest record long after it falls from your ten-year driving history.
Can you afford to have a conviction appear during a background check?
What Happens After I Am Charged with a DUI in South Carolina?
After being arrested for a DUI, you may be bonded out of jail the next day, or released on your own recognizance if this was your first DUAC or DUI charge in Fort Mill & Greenville. Further, if you refused to provide a breath sample or you did provide a breath sample and the results were at 0.15% or higher, your license was likely suspended.
You are going to have many questions about how you can get your license back and how these changes affect your future. Our Fort Mill & Greenville DUI attorneys have the answers you need to face these charges with confidence.
Before the solicitor’s office can convict you of a DUI, they must prove three factors:
- The person charged was driving the vehicle when stopped
- The person driving was under the influence of drugs and/or alcohol
- The person’s ability to drive was “materially and appreciably impaired”
The arresting officer determines on the side of the road whether the driver was appreciably and materially impaired, and they can use their conversations with the driver, as well as any field sobriety tests, as evidence. However, the prosecutor must still convince a jury that what the officer thought happened is actually the truth.
What is the Penalty for a First DUI Offense in South Carolina?
In the State of South Carolina, first-time DUI offenders can face serious penalties.
Depending on the driver’s blood alcohol content at the time of the DUI arrest, first offenders can face:
- 48 hours to 90 days in jail
- Fines up to $1,000, plus additional fees and court costs
- Driver’s license suspension
- Enrollment in the Alcohol and Drug Safety Action Program
- SR-22 insurance requirements for high-risk drivers
- Ignition Interlock requirements
- Domestic Violence
- DUI & DUAC
- Violent Crimes & Murder
If you have been arrested for a DUI, contact our experienced criminal defense attorneys in Fort Mill who will focus on the elements of your case that may get your charges reduced or dismissed. When neither is possible, we will defend your rights inside the courtroom to pursue the best outcome available for your unique DUI circumstances.
South Carolina’s DUI Videotaping Requirement
South Carolina has very stringent DUI laws but also adopted the videotaping statute that requires a person charged with DUI or DUAC “must have his conduct at the incident site and breath test site video recorded.”
The video recording at the incident site must:
- Not begin later than the activation of the officer’s blue lights
- Include any field sobriety tests administered
- Include the arrest of the person or probable cause determination
- Show the person being advised of his / her Miranda Rights
The exception to this statute is if the alleged DUI motorist is involved in a collision. Then, the recording must begin as soon as it is practical.
The video recording at the breath test site must show the entire breath test procedure, including informing the person they are being recorded, must show the person either taking or refusing the test, and must include the person’s conduct during the required twenty-minute pre-test waiting period.
What Are My Legal Options After Being Arrested for a DUI in South Carolina?
At the David W. Martin Law Group, our DUI attorneys in Fort Mill & Greenville, South Carolina know that each DUAC or DUI charge is unique. So is the person being charged.
We will approach your case with a criminal defense strategy that is best for your circumstances, which may include:
- Not Guilty Plea
- Guilty Plea
- No Contest
- Alford Plea
- Plea Bargaining
- Pleading to Reckless Driving
Your defense will be dictated by the evidence available, the accused’s driving record, and criminal history.
Contact Our DUAC or DUI Lawyers in SC At Davit Martin Law Group For Free Consultation.
If you have been charged with DUAC or DUI in Fort Mill & Greenville, South Carolina, contact our experienced criminal defense attorneys in Greenville today by calling (803) 548-2468 to schedule a free consultation to learn about your legal options and how we can pursue the best outcome for your case.