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In need of an Indian Land DUI / DUAC Defense Attorney?
At the David W. Martin Law Group, our Indian Land DUAC and DUI defense attorneys know if you have been arrested for driving under the influence of alcohol or drugs, your life has changed in ways you could not have imagined before you were pulled over.
Most South Carolina residents who are facing their first DUAC or DUI charge are terrified of the unknown, which can impact both their personal and professional lives until they get the legal help they need.
That is why we are here. We will outline your legal case based on the facts associated with your arrest, so you can approach these charges with dignity, and make informed decisions about your future.
Contact our Lancaster County DUAC and DUI defense lawyers today to get straightforward and experienced legal advice that makes a difference in your important case.
What is the Difference Between a DUAC and DUI Charge in South Carolina?
At the David W. Martin Law Group, our Indian Land DUAC and DUI defense attorneys know there is a lot of confusion between these two charges.
- Driving With an Unlawful Alcohol Concentration(DUAC) only requires the State to prove you drove with a blood alcohol concentration of .08 or higher to pursue their case for a conviction, as the driver’s impairment is assumed. While a DUAC charge merely requires proof that your BAC was .08 or above, a higher alcohol concentration could bring potentially harsher charges and penalties.
- Driving Under the Influence(DUI) requires the prosecution to prove that the driver’s faculties to operate a vehicle were materially and appreciably impaired by drugs, alcohol, or a combination of substances.
Here is the most important factor when it comes to DUAC and DUI arrests in South Carolina: The penalties for these offenses are virtually identical.
What Are the Penalties for a DUAC and DUI Charge in South Carolina?
If you have been charged with a first DUAC and DUI, you will face charges according to the registered blood alcohol content at the time of your arrest.
First DUAC and DUI penalties for drivers with a BAC between .08% and .09%:
- Must serve 48 hours of community service, or
- Jail time from 48 hours up to 30 days, and
- Fine up to $400
BAC between .10% and .15%:
- Must serve 72 hours of community service, or
- Jail time from 72 hours up to 30 days, and
- Fine up to $500
BAC between .16% or greater:
- Must serve 30 days of community service, or
- Jail time from 30 to 90 days, and
- Fine up to $1,000
Additional DUAC and DUI penalties in South Carolina may include:
- Community service.
- Driver’s license suspension.
- Expensive SR-22 insurance will be required for the reinstatement of your license.
- Ignition interlock device.
- Mandatory drug and alcohol education, assessment, and treatment.
- Vehicle confiscation.
Other factors that will determine the severity of your DUAC or DUI charges in South Carolina will depend on whether you have been convicted for DUAC or DUI in the past ten years.
If so, the penalties become much more severe and can even include automatic jail time.
If you have been arrested on an initial or subsequent DUAC or DUI charge, you will need an experienced criminal defense lawyer in Indian Land to assess your case and ensure your rights are protected throughout the legal process. We can help. Contact us today to learn more.
How Can the Lancaster County DUAC and DUI Defense Attorneys at David W. Martin Law Group Help Me?
Just because you have been arrested for DUAC and DUI in Indian Land, does not mean you are guilty, or facing a certain conviction that will remain on your record going forward.
The solicitor’s office must prove their case beyond a reasonable doubt, which is much easier to do if you enter your first court appearance alone. Do not let law enforcement take advantage of you.
Our Indian Land DUAC and DUI lawyer will assess your complete case, seeking the proper defense to have your charges decreased or dismissed outright by:
- Challenging probable cause for the arrest.
- Contesting the field sobriety test and whether it was properly conducted.
- Defending your rights from illegal search and seizures.
- Presenting a reckless driving defense, when applicable.
- Submitting a motion to suppress breathalyzer test evidence.
We understand what a criminal conviction for a DUAC or DUI in South Carolina means to your existing livelihood and future success. Do not leave either to chance by facing the solicitor’s office alone. We are here to help produce real results for real people who need our help.
If you have been arrested for a DUAC and DUI in South Carolina, contact our Lancaster County DUAC and DUI defense lawyers today by calling 803-548-2468 to learn how we can strengthen your case based on the facts and evidence surrounding your arrest. The sooner we can review your case, the quicker we can counter the charges against you while petitioning to keep your driving privileges until the hearing.