Navigating the Complexities Of Getting a DUI Charge

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Driving under the influence kills. More than 1,000 South Carolina residents died in car accidents in 2018. Nearly thirty percent of those fatalities took place in a DUI accident.

Laws against DUI and DWI are in place to keep people safe. But getting a DUI charge can be a problem, especially if you weren’t drunk.

Don’t worry. You can beat a DUI charge if you understand the process. Here is a quick guide to getting charged with a DUI.

Getting Pulled Over

You can avoid getting pulled over by practicing good defensive driving. Never drive faster than the speed limit. Wear your seatbelt and turn on your headlights at night.

Do not carry alcohol in your car. If you must, put it in a paper bag and store it away from yourself. Never drink while you are driving.

When you notice a police car with flashing lights behind you, pull over. Turn on your interior lights and roll down your windows. Grab your license and insurance before the officer asks for it.

In the state of South Carolina, you are not obliged to tell a police officer your name if you are asked. You must hand over your license and insurance, but you do not have to answer the questions.

You have the right to remain silent. Invoke this right when the officer asks you a question. Say, “I wish to assert my Fifth Amendment right to remain silent.”

You also have the right to refuse searches of your vehicle. Do not allow officers inside your car.

You can refuse a breathalyzer test. The state will suspend your license for six months. They will require you to take the Alcohol and Drug Safety Action Program.

But refusing a breathalyzer test will reduce the evidence against you in court. You can also refuse field sobriety tests, which the police use to substantiate their arrests.

Be as respectful as possible. Do not argue with the police or make sudden movements.

Getting Charged

If you get arrested, do not panic. Assert that you are remaining silent and that you want a lawyer.

Do not answer any questions that the officers throw your way. Do not sign any documents, even if you have read them over. Make a phone call and call an attorney right away.

When your attorney arrives, tell them everything that happened. Make sure you know who arrested you and what the grounds were. The more information you provide, the bigger of a case your lawyer can make.

You may have been charged with additional offenses. One such offense is reckless driving. A first offense can lead to a thirty-day prison sentence, so it’s important to know all of your charges.

Bond hearings generally occur within 24 hours of arrests. Most DUI cases lead to a small amount so you can leave jail. Leave when you can, but remain within the state and in contact with your lawyer.

The prosecutors may extend a plea deal to you. A deal may require you to plead guilty to reckless driving rather than to a DUI.

Prosecutors often extend a plea deal because they lack evidence to convict you. Talk over what the deal is with your attorney before proceeding forward.

Your first court appearance is the arraignment. This is when your charges are read in open court. You can enter a plea at this stage.

If you plead guilty, you will need to pay criminal penalties. But the court process will end and you can move on with your life.

If you plead not guilty, you can contest the charges in a trial. Most defendants plead not guilty and continue in court.

The Next Steps

A DUI defense begins as soon as you call for an attorney. If you did not take a breathalyzer or field sobriety tests, prosecutors have very little evidence to convict you on. The testimony of the arresting officer becomes important.

The definition of “driving under the influence” requires prosecutors to prove that “the person’s faculties to drive are materially… impaired.” An officer must notice signs of impairment to pull you over and arrest you.

If your lawyer can prove the alcohol did not impair you, a jury may not convict you. You will need to cooperate with your lawyer on this defense. Provide information to them that shows a lack of impairment.

If you took a breathalyzer test, your lawyer can call the results into question. Swishing mouthwash can trigger a higher reading. Certain medical conditions can also trigger a false positive.

The same applies to field sobriety tests. Many tests require balance and hand-eye coordination. The ground may be uneven, throwing your coordination off.

It will take some time for your lawyer to develop your defense. Be patient.

Do not get into a car accident or drink in public. Do not break the law while your court case is ongoing.

If you are convicted, you can appeal. Consult with your attorney on what other options you have.

Beat a DUI Charge

You can beat a DUI charge. Invoke your right to remain silent if you get pulled over. Refuse to take tests if you can live with your license getting suspended.

Call a lawyer when you get arrested. Do not take a plea deal if you think the prosecutor’s case is weak.

Consider your different defenses. If the officer had no reason to pull you over, a jury may acquit you. Cooperate with your attorney when they need help.

Find a lawyer with experience. The De Bruin Law Firm is the state’s leading DUI defense group. Contact us today.

How Long Does a DUI Stay on Your Record in South Carolina?

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Police charge more than 4 million Americans for DUIs each year. DUI charges are unfortunately common and have lasting life impacts.

But how long does a DUI stay on your record? What other information should you know before moving forward?

In this article, we’ll be discussing what a DUI means in South Carolina and how long it’ll remain on your record down the line.

What Defines a DUI in South Carolina?

South Carolina states that if you have a blood-alcohol level of 0.08 percent or higher, you are under the influence.

A DUI is also defined as being under the influence of any drug, alcohol, or other intoxicant. If your BAC is at least 0.05 but under 0.08 percent, it’s evidence that you’re under the influence.

Those charged with a DUI usually face a fine, driver’s license suspension, and community service. If you don’t have any prior convictions from the past 10 years, a DUI will count as a first offense.

DUI vs. DUAC

Those BAC levels are important to know when looking at penalties for driving while intoxicated in South Carolina.

If you’re at or below 0.08 percent, you’ll most likely get a DUI charge. This means the officer had enough reason to charge you with a DUI. Chances are, the officer saw you exhibiting signs of intoxication.

If your BAC is higher than 0.08 percent, that’s when you’ll face a DUAC charge, which stands for “Driving with an Unlawful Alcohol Concentration.” DUAC charges occur after proper alcohol testing.

If you’re tested within two hours of a police encounter, you can get a DUAC charge.

Penalties for DUI in South Carolina

So what happens when you’re charged with DUI? Here are some of the most common penalties:

Jail Time

If this is your first offense, a typical jail sentence lasts about 48 hours but can extend to 30 days. If your BAC was between 10% and 16%, the minimum sentence is extended to seven days.

Judges often allow an equal amount of community service instead of jail time.

Fines and Suspension

For first-time offenders, you’ll face a $400 minimum fine and a six-month license suspension. A second offense will land you a fine of $2,100 to $5,100, along with a year-long license suspension.

Third-time offenders get between $3,800 and $6,300 and a two-year license suspension. The length of the suspension depends on how much time has passed between your second and third offenses.

One to five-year prison sentences is usually carried out for fourth and fifth-time offenders.

How Long Does a DUI Stay on Your Record?

If you are convicted of a DUI in South Carolina, unfortunately, that will stay on your criminal record forever. It can, however, be removed from your driving record after 10 years.

What does that actually mean for your future? Let’s take a look at some of those factors here:

How Does This Affect Me in the Long Term?

If you have a DUI conviction on your record, getting auto insurance will become more difficult. If you have prior business with an insurance company, your premiums will go up.

All of this will last for at least 3 years and up to 5. Some insurance companies have “assigned risk” insurance for people that have DUIs on their records. You’ll get coverage but at a high premium.

DUIs also affect the outcome of your background checks. Employers, landlords, and security agencies might judge your character based on a DUI charge.

As such, DUIs can serve as unwanted baggage for many people. It affects their job prospects as well as their insurance coverage.

Can My DUI Transfer Across State Lines?

If you move to another state, your DUI charge will be transferred to the Department of Motor Vehicles in your new home state.

South Carolina is a member of the Interstate Driver’s License Compact. This means states agree to exchange drivers’ information when they’re convicted of a DUI.

Different states also have different penalties for DUIs as well. This means you might face different penalties with a South Carolina DUI in another state.

How to Avoid Getting a DUI

It’s safe to say that getting a DUI in South Carolina does you no favors even if you no longer live in the state.

The best way to avoid DUIs is to get a designated driver or call a cab after having a few drinks. In emergencies, however, remember that an arrest isn’t automatically a conviction.

In other words, you have other defenses at your disposal:

Unlawful Arrest

An officer needs a legal cause to pull you over for a traffic stop. If you can prove that an officer had no legal right to arrest or detain you, this can be cited as a violation of your rights.

Lower BAC

If your BAC is lower than 0.08, this can be evidence to challenge the charge. Furthermore, if you were showing no signs of intoxication, you can also use that to your defense.

Unrecorded Arrest

Officers in South Carolina must use a dashcam to record your DUI incident. If they fail to do so, it can weaken the prosecutor’s case.

How a DUI Lawyer Can Help

At the end of the day, you need a DUI lawyer to help make your case. To avoid a DUI conviction, a DUI attorney is the best person to contact.

They can record your evidence and help gather the right documents. They’ll make sure the officer followed the mandatory procedures and that all tests were administered correctly.

DUI lawyers help make your case that you shouldn’t be charged for a DUI.

Get the Best DUI Lawyer in South Carolina

DUIs impact your life even after a first offense. Having the right people on your side when a DUI charge is imminent is crucial for your future.

Use this guide to answer the question “how long does a DUI stay on your record” and find the right DUI lawyer in your area.

Looking for reliable attorneys in South Carolina? Contact us today and we can get you started on your case.

Is it ever advisable to plead guilty to a DUI charge? 

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Is it ever advisable to plead guilty to a DUI charge?

There are several reasons why it is not advisable to plead guilty to a DUI charge. First of all, pleading guilty to a DUI charge is expensive. You are paying not only the fines, but you are also paying the court costs. The stigma of a DUI stays with you forever because it will be on your record forever. This can translate to lost wages with all the jobs that you might have been able to get had this not been on your record. Finally, you have a criminal history for the rest of your life. A good attorney can mitigate those damages, and make this as least painful as possible.

Is the driver’s license immediately confiscated upon a DUI arrest?

No, the driver’s license is usually not immediately confiscated upon arrest. If you have complied with the field sobriety tests and blown under a certain amount, your license is not suspended. Your license is only suspended upon conviction. If you have not complied with the standard field sobriety tests, then you’ve given up the privilege of driving. They’ll suspend your license at that point, because South Carolina is an implied consent state. This means that you are giving consent to do these field sobriety tests that the officer asks you. If you don’t, then your license is suspended. If your blood alcohol level is higher than a certain level, then they’ll suspend your license on that as well.

If you do refuse to do the field sobriety tests, you can request to a hearing from the DMV. It’s an administrative hearing, and I always recommend that people who refuse the test request this hearing as soon as possible. Once you request the hearing, then you can get a provisional license until the date of the hearing. If they deem at the hearing that you have no reason to refuse the test, then they can suspend it through the duration of the case or for 6 months.

Are any hardship or work licenses available in South Carolina?

Yes, there are hardship or work licenses available. Especially after a conviction, you can get a provisional license that allows you to drive everywhere. You have to follow some steps, you have to complete a SR-22, but there are ways to get a license after a conviction.

When does a blood come into plan in a DUI case?

Blood tests usually come into play when a car accident causes you to be in the hospital, so they can’t bring you to the police station to do the breathalyzer. The police will ask for a blood sample, and you will either consent or deny that request by the police officer. Sometimes, when you are unconscious, the police officer will get a warrant if they suspect there’s a DUI. If they have enough probable cause to do so, they can get a warrant for the blood test. This is usually more common if a police officer suspects that you’re under the influence of drugs. They can also ask for a urine test as well, because they’ll be able to determine the level of narcotics in your system through a urine test.

When is the ignition interlock device required in South Carolina for a DUI?

If you blow over a certain limit or amount, you would be required to have the Ignition Interlock device installed in your car before you can get the privilege of driving. The interlock device is a device where before you can start your car, you can blow into it. It determines whether or not you’ve been drinking and if you have not, the car will start.

For more information on Pleading Guilty To DUI Charges, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 372-2896 today.

7 Important Steps to Take if You’re Arrested for DUI

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Did you know that every year, about 1.5 million people are arrested for driving under the influence of alcohol?

Are you one of these 1.5 million people who have recently been arrested for drunk driving? If so, you’re probably scared and wondering what you should do next.

Getting arrested for drunk driving is no joke. Fines can be in the thousands of dollars, you can lose your license, and, you may even have to serve jail time

To prevent the worst from happening, it’s important to know what to do after being arrested for DUI.

Check out this guide to learn the important steps to take if you’re arrested for drunk driving.

1. Hire a Lawyer

Hiring a lawyer is the most important thing to do after being arrested for a DUI.

A lawyer will help you navigate the court system, build a case for you, and help you face a jury. While you should definitely hire a DUI lawyer for a felony case, it’s also important to hire one if you’re a first-time offender.

As we said in the intro, there’s a lot at stake when you’re arrested for a DUI, and hiring a lawyer is the best bet for a positive outcome.

When searching for a lawyer, it’s very important that you find someone who has experience in DUI law. DUI law is incredibly complex, which is why you never want your case handled by a general attorney.

Also, make sure to meet with lawyers for consultations before hiring and ask for references.

2. Write Down Everything

Details can mean the difference between winning and losing a DUI case, so, make sure to write down all the details as quickly as possible.

Write down everything you remember, no matter how insignificant it may seem. It’s often these insignificant details that end up meaning the most later on.

Here are some things you want to make note of:

  • Where you were stopped
  • When you were stopped
  • The reason the officer gave for stopping you
  • The name and badge number of the officer who stopped you
  • If a breath test was administered, and if so, what type
  • What you told the officer about what you had to eat and drink
  • Other tests the officer did

Once you write down this information, remember that you shouldn’t share it with anyone but your attorney.

3. Privatize Your Online Profiles

Remember, the state is going to be doing everything they can to build a case against you.

This is why it’s very important to not give them any ammunition via social media.

Even if your profile hasn’t been updated in a while or what’s on there has nothing to do with the charges against you, it’s very easy for things to be taken out of context.

In some cases, it may even be a good idea to delete your accounts until the trial is over.

Your lawyer can help walk you through what exactly you need to keep private and for how long.

4. Find Witnesses

Character witnesses can make a huge difference in your DUI case.

Talk to your family members and friends and ask if they’d be willing to testify on your behalf during court. Also, try to gather witnesses who saw you right before, after, or even during the stop.

It’s also important to talk to witnesses so that your attorney can gather statements from them right away. As time goes on, people tend to forget things, so fresh testimony about your state of being from an eye witness can really go a long way.

5. Locate a Bail Bondsman

If you’ve been arrested, you’re more than likely going to have to post bail.

While you can have a relative post bail for you, it’s also a good idea to use a bail bondsman. With a bail bondsman, you pay them a small fee, and then they post bail for you.

Then, you need to hold up your end of the bargain by showing up to all of your hearings. If you don’t, the bail bondsman will come after you for more money.

6. Request a Hearing With the DMV

After being arrested for a DUI, it’s also very important that you request a hearing with the DMV.

This hearing determines whether or not you can keep your driver’s license.

You should do this within 10 days of your arrest, otherwise, your license may be automatically suspended.

7. Get Ready for Court

Once you’ve done all this, it’s time to prepare for your trial.

The trial begins with an arraignment, which is when you enter your plea. A lot of times, attorneys handle the arraignments themselves, so you may not even need to show up for this.

If this is your first DUI, then you’ll likely be charged with a misdemeanor. With this, you could be charged with jail time, although this is very unusual for first offenses.

Other common penalties include fines, license suspension, license revocation, mandated DUI school, or an education or prevention program.

When you show up for court, it’s very important that you have a professional appearance. Avoid baggy pants, showing excess skin, and wearing casual clothes, like sandals or shorts.

In addition to being well-dressed, it’s also important that you show up for your hearing on time (earlier is always better) and that you’re composed and well-groomed.

Arrested for DUI: Are You Ready to Take the Next Steps?

As you can see, getting arrested for DUI is no walk in the park. But, by following the steps list above, the DUI process should go a lot smoother.

And, as we said earlier, the most important thing to do is to hire a competent lawyer to handle your case.

If you’re in need of a good lawyer for your DUI case, get in touch with us today. 

What is Bail and How Does it Work?

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How Does Bail Work?

Bail is a payment given to the court so a person doesn’t have to spend time in jail. More precisely, bail is a legal exchange with the arrestors or the court, extending people’s time before a legal proceeding.

There are two ways a person receives bail.

  1. The police post bail upon arrest.
  2. The court decides the bail amount.

If the court or the police responsible for the arrest have an undeniable proof for a heinous crime, each form of responder can refuse bail.

For context, bail amounts change depending on the severity of a person crime. For instance, a DUI costs less than drug possession. Here’s another layer: each state has different bail standards.

When a judge begins weighing up bail, he’ll also consider the civil and criminal history of the defendant.

Posting Bail

What does it mean to post bail? Put simply, posting bail means you pay your pail instead of going/staying in jail.

This happens the moment you’re sent into booking. An officer will either hand you a ticket explaining your bail, or you’ll have to wait. In some cases, your bail won’t be “posted” right away.

As mentioned above, if your crime is considered too serious by the judge, you might not have the option to post bail.

In these moments, before or after posting bail, you might want to contact your attorney.

Paying For Bail

You can pay in cash, by check, or other forms of currency to the court itself. This resolves you from your jail sentence but doesn’t save you from court proceedings.

If the cost of bail is too much, you might qualify for a bail bond.

Bail bonds are essentially credit loans to relieve the cost of bail. When you think about how bail works, you must realize that the actual money is credit owed to the court system for civil damages.

When a bail bondsman assists a defendant, they pay a portion of their bail up front (an amount that depends upon the bondsman) and make a defendant sign a written agreement.

This contract demands that defendants show up to their trial. If they don’t, they have to pay the bail in full. In some cases, an absent defendant has to pay the bail plus interest fees.

If finding a bail bondsman sounds risky, one has the option to depend on their insurance agency to perform the same function.

These fees fluctuate between agencies the same way bondsman costs vary district to district.

Additional Options

To avoid bail entirely, an outside force could make the case against the bond amount. For example, if the crime committed has not been fairly met with a bail amount, there’s cause for intervention.

In other scenarios, someone might convince the judge to release a defendant if there is reasonable cause. You can find some of these loopholes through having a conversation with an attorney you trust.

Issues and Concerns

An estimated 400,000 people in the US stay in jail because they can’t afford bail. Therefore, an issue surrounding the bail system is cost and effect on prisoners.

In some cases, people may be assumed culpable for crimes they didn’t commit because they weren’t able to pay bail.

Recent changes in bail laws in different states, which remove payment options, or add others on, might compel you to find an apt attorney to solve your bail problems.

Here are the current bail laws that you need to know:

  • Conditional release
  • Bail based on certain crimes

Let’s explore each of these items, giving you a headstart before you meet with your attorney.

Bail Based On Certain Crimes

If you or someone you love has committed a crime, you need to figure out how much your state charges them for release.

Furthermore, every judge determines bonds on a scaling system. This slider determines the amount the accused must owe.

If you’re unsure how much different crime is worth for bail, ask an attorney, or a law-office near you.

Conditional Release

Sometimes a judge or magistrate will release the accused instead of charging bail. Instances include:

  • When another puts the bail on an accused person that outweighs their risk to the community.
  • When the accused shows no remaining signs of a threat to a community.
  • When bail doesn’t sufficiently meet the charges set on the accused.
  • When a third-party can intervene, proving that release aids the upcoming proceedings.

There Is Someone On Your Side

You’ve asked how does bail work, and now you got your answer. With a basic knowledge of bail systems, their payment options, and legal proceedings, you’re off to a great start.

Still, you can make yourself even more secure.

At the end of the day, if you’re worried about how to pay your bail, you need a good attorney to show you the rest of the way.

Don’t be afraid to get your loved one out of a cell. What do you say? This is your chance to educate your friend and family. Make sure you are prepared before anything slips.

Go for it! Take the next step and contact us today for the consultation you need.

South Carolina’s Drunk Driving Laws: What You Need to Know

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When you’re arrested for drunken driving in South Carolina, there are several things that are going to happen that will cost you money. These include court appearances, fines, and fees. And these are just the main expenses if you’re a convicted drunk driver. By law, you will also have to pay for DUI school, drinking disorder evaluations, and a higher insurance premium.

A South Carolina DUI is a traffic offense, but it’s also a criminal conviction. It is considered one of the most serious misdemeanor offenses in the state’s magistrate and municipal courts. We encourage you to keep reading more below about SC DUI laws in case of an unwanted incident.

SC DUI Laws

South Carolina law prohibits a person from operating a vehicle while under the influence of alcohol or drugs. This is because at some point the person’s faculties to drive are impaired. You will be an outlaw if your blood alcohol content (BAC) is 0.08 percent or higher, despite the level of visibleimpairment.

This means that it is not necessary for a person to display the signs one would associate with someone who is under the influence. Under the South Carolina, DUI law section 56-5-2930 a person can still be arrested for driving under the influence even if their BAC level is below 0.08 percent. This is just by displaying signs consistent with a person who is under the influence.

Arrested and Booked

When an officer stops you on suspicion of DUI, they’re already building a case against you by observing your driving patterns. Reasonable grounds will allow the officer to request you to perform a sobriety test and that you submit to a chemical test.

This test is required by the South Carolina Implied consent law section 56-5-2950. If you refuse to submit to a chemical test you will be informed of the penalties for test refusal, even if this does not mean your guilty of a DUI.

A final refusal to a chemical test can result in a 6-month license suspension. And if you have a prior alcohol-related conviction or suspension within the preceding ten years, you risk a 9-month suspension.

Underage Penalties

SC DUI laws prohibit anyone under the age of 21 to operate a vehicle with a BAC greater than 0.02%. This is translated to South Carolina’s “zero tolerance” law, which states that if this law is broken the underage person will face an automatic suspension of their licenses for three months or six months (if there’s a prior alcohol-related conviction).

What Happens After I’m Charged?

You’d have to spend the night in jail and bond out the next day. When you’re charged with a DUI you have three options when it comes to facing charges.

  1. You can choose to plead guilty in magistrate court and accept the penalties that come with the charge.
  2. Ask for a bench trial (you’d face a magistrate judge and the arresting officer would serve as a prosecutor).
  3. Request a jury trial (this moves the case to a general sessions court and a prosecutor is assigned to replace law enforcement).

If you plead guilty or have a bench trial, the case can be resolved quickly. But, requesting a jury trial results in a delay. According to an article published in Greenville Online, DUI cases take around six to nine months in Greenville County and closer to a year in Pickens County.

The penalties for a DUI conviction in South Carolina can be severe. After a first-time DUI offense, for example, the state can carry a mandatory jail sentence depending on the breathalyzer results.

What Evidence Does The Prosecution Need to Get a DUI Conviction?

South Carolina law has strict requirements for proving evidence against people accused of a DUI. In 2009, the state approved a video recording amendment that requires field sobriety and breath tests to be recorded on video.

How a First Offense DUI Looks like

If you get convicted and you’re a first-time offender you can face anywhere from 48 hours to 90 days in jail, depending on your BAC at the time of the arrest.

A second offense DUI is punishable by up to 1 year in jail, a $5,100 fine, and a 1-year revocation (BAC under 0.10%). Your third offense is punishable by up to 3 years in jail and includes a $6,300 fine and 2-4 year revocation.

Ignition interlock may be required after your license period suspension ends. This device requires you to blow into it to show that you’re not impaired before turning on a vehicle.

Treatments After Convictions

Depending on the severity of your DUI conviction, you will be required by the state to enroll in the Alcohol and Drug Safety Action Program. This program requires you to get an alcohol and drug assessment and follow the recommended treatment.

There are over 40 different drug treatment centers in the state of South Carolina more than equipped to help you. The programs help to ensure that you don’t repeat a misdemeanor and avoid being pulled over again. Under SC DUI laws, a trained counselor will also test your pattern of alcohol consumption to determine whether you have an alcohol abuse disorder.

Terms of Probation

Another form of treatment is through community service. When you’re a first-time offender you may be eligible to do community service instead of serving jail time.

Under South Carolina law, the number of hours dedicated to community service is equal to the amount of jail time that would have been required. Remember that the penalties listed above can differentiate based on your BAC of the moment you were stopped by an officer.

For example, the state’s legislature removed the possibility of substituting community service hours for jail time for second-time offenders. If you are convicted of a second DUI you will be required to spend five to 30 days in jail, depending on your BAC.

Consequences of a DUI

Although South Carolina categorizes a first DUI offense as a misdemeanor, you should not underestimate the serious consequences of that first DUI arrest or conviction.

When you’re charged you need to understand the SC DUI laws so you can prepare for the long process of probation fees and terms. Act quickly and consider contacting a DUI attorney who can help you get familiar with the issues associated with your charge.

Don’t hesitate to visit our web page for more information on our team of legal experts and contacts us today for a free consultation.

Costs Associated With Getting a DUI and Why You Need The Right Lawyer

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How much did those last few drinks before your DUI cost you? $5? $10? Maybe a pricy craft cocktail for $15? What if we told you that those drinks actually will cost you thousands of dollars if you get a DUI?

The obvious dangers of drinking and driving are hurting yourself or others if you get into an accident, but have you considered the financial costs? Not only are there fines involved, but you’ll also need to hire a lawyer, pay money to get your license back, and pay hefty insurance premiums because you’re now considered a high-risk driver.

Not to mention, if your job requires a driver’s license or clean driving record, you might have to kiss that goodbye with a DUI conviction on your record.

To learn about the true costs of a DUI and why you need to hire the right lawyer, keep reading.

Should I Hire a Lawyer?

So you got a DUI and you’re wondering if you need to hire a lawyer. The short answer is yes. If you get a DUI, don’t try to navigate the criminal justice system process alone.

Even if it’s your first offense, you should still hire a lawyer. An experienced DUI lawyer may be able to get the charges reduced to reckless driving. They also might be able to get the charges dropped if the officer didn’t make the stop properly or follow the law regarding testing your BAC.

A DUI attorney will be able to best advise you on how to plead and can negotiate with the prosecutor on your behalf. Hiring the right attorney is important. Make sure whomever you choose has experience with DUI cases

The True Costs of A DUI

The costs of getting a DUI aren’t just financial. There are also ramifications that will impact your license, your job, and even your freedom.

In South Carolina, for example, the average cost of a first-offense DUI is between $7,700 and $10,100. Here’s the breakdown of just the court costs and fees:

  • Minimum fine amount: $400 (for a first offense, this could be as high as $1000)
  • Penalty assessment: $600
  • State restitution fund: $100
  • Education fund: $40
  • Fee for breathalyzer: $37
  • Driving school fee: $375
  • License reissue fee (your license will be suspended for 6 months and you need to pay to get it back): $100

On top of those fees, you’ll also likely want to hire a lawyer. Fees for a lawyer might be in the thousands, depending on how good your attorney is. The money you spend will be worth it, though, if he or she can get you off or get your charges and fines and fees reduced.

Insurance

If your insurance company doesn’t drop you when it comes time for renewal, at a minimum, they are going to raise your rates significantly. Because you have a DUI on your record, you’re now considered a high-risk driver and will pay for that.

The rates vary widely, depending on where you live and how much coverage you get. It’s important to shop around to see who can offer you the best rate, just like you would shop around for insurance if you didn’t have a DUI conviction.

Another thing to be aware of is the need for an SR-22. An SR-22 is an official document that proves that you have sufficient car insurance. SR-22s are used for high-risk drivers who have been convicted of DUI or DWI, reckless driving, at-fault accidents, etc.

If your state requires this, you’ll get a court order or a notice from your state DMV. Your insurance company will then need to complete the form for you. In South Carolina, you’ll need to have this form for 3 years. This basically means that for at least 3 years, your insurance rates are going to be much higher than if you did not have a DUI conviction.

Other Punishments

In addition to fines, court costs, and losing your license, you can also face jail time for a first time DUI offense in South Carolina.

You could face anywhere from 48 hours to 90 days in jail. A jail sentence is typically dependent on your BAC at the time of the arrest. The penalties will increase for subsequent offenses as well.

If your BAC was .15 or higher, you’ll also need an ignition interlock device. This device requires you to blow into it to prove that you are not impaired in order to start the car. The car won’t start if there is any alcohol present in your breath test.

The device also requires you to provide breath samples throughout the trip to verify that YOU continue to be alcohol-free (and also to make sure that you didn’t have someone else provide a breath sample so you could start the vehicle).

The device also keeps track of your activity, so if you try to start your vehicle and are not able to due to alcohol on your breath, it will record that and provide that information to the agency or court that is monitoring the device.

There’s a financial cost to this as well. You’ll have to pay an installation fee and a monthly leasing fee. These costs can range from $70 to $150 for installation and $40-$100 a month for leasing and monitoring.

Final Thoughts

The costs of a DUI are not worth it. With all of the different rideshare options, like Uber and Lyft, traditional taxis, and even services where companies will pick you up and drive your car home for you, there’s no excuse for drinking and driving.

If you do find yourself in the unfortunate situation of being arrested for a DUI, contact us for a consultation on your case. We’ll walk you through your options and you can decide if we are right for you.

Got a DUI? Here are 10 Questions to Ask a DUI Lawyer

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1.6 million people across the United States are disciplined for a DUI every year.

While the circumstances surrounding each of those cases vary, the consequences people face are similarly grave. Steep fines, license suspension, community service time, lengthy jail sentences…

Given those repercussions, which seemingly get more serious every year, being on the wrong side of a DUI is the last place you want to be.

But what if you’re already there? What can you do to get yourself a favorable outcome?

The absolute best thing you can do is to hire DUI lawyers, pick the best one, and fight your case.

There are a lot of DUI lawyers out there and not all of them will handle your case with the same care. To get the best possible defense, we share with you 10 questions you should ask your prospective attorney to determine if they’re the right fit.

1. How Many Years Have You Been a Practicing Attorney?

There’s no denying the value of experience when it comes to picking DUI lawyers. An experienced lawyer will know how to navigate the legal system, how to work out favorable deals, and will know a number of prosecutors and judges who may be working your case.

While every lawyer needs to get their start somewhere, you don’t want their start to be on your DUI case.

The stakes are too high.

2. How Much Experience Do You Have With DUI Cases?

Just because a lawyer has been working for a long time doesn’t mean that they know their way around a DUI case. The legal field is a complex one and each discipline it encompasses requires a unique set of skills you’ll want your attorney to have practice with.

That’s why it’s important to determine whether or not your attorney regularly defends DUI cases or if your case is more of a stretch assignment for their legal expertise.

3. Is There Anything About My Case That Feels Unique?

DUI lawyers you engage might have impressive track records defending their clients. That’s a good thing.

But is there something about your case that might make your results vary?

If there is, chances are your attorney will let you know since the unique factors surrounding your case will likely weigh into their decision on whether or not to take you on as a client. If they make no mention of your case being out of the ordinary, it’s worth asking the question anyway.

4. How Often Do Your Cases Go to Trial?

Many DUI cases are settled outside of court. This is almost always a favorable occurrence for all parties involved.

Understanding what percentage of your prospective lawyer’s cases settle can give you insight into the kinds of deals they’re capable of generating.

5. Would You Be Willing to Take My Case to Trial?

Just because most cases settle with favorable deals doesn’t mean that all cases do. If your case isn’t going right during negotiations, will your lawyer be willing to defend you in court?

What about if you disagree on an offer being presented? Will your lawyer defer to your wishes and defend you during a trial?

These questions are an important part of getting your expectations in the right place.

6. Have You Been Disciplined By The State Bar?

Attorney’s must be accredited by their state’s bar in order to practice. When your attorney commits act’s that are considered out of line with legal standards, they may end up getting disciplined (suspended from practicing, for example) or disbarred by the state altogether.

Ask your attorney if they’ve ever been disciplined by their state. If they have, ask them for what.

Understanding what kind of unprofessional acts your lawyer has committed in the past can help you form a more complete opinion on whether or not to work with them.

7. Who Will Actually Be Handling My Case?

Just because you talk to the head of a law firm during a consultation doesn’t mean that they’re going to get involved in handling your case.

Find out if your case is going to get delegated to a more junior lawyer and, if so, ask about their qualifications and if you can meet them.

8. How Will We Stay in Touch During My Case?

Battling a DUI can be a scary time. That’s why it’s important that you feel comfortable contacting your lawyer and that your lawyer be proactive in keeping you updated on your case.

Try and get a feel for how open the lines of communication will be between you and your lawyer. If they seem open to answering your questions whenever you have some to ask, that’s a good thing.

If they don’t, you’ll want to keep looking.

9. What Should I Expect for Costs?

There’s no doubting the fact that money is a deciding factor when hiring DUI lawyers.

In addition to their rate, DUI lawyers might engage private investigators and other 3rd party help to assist with your case. Those engagements may lead to your legal services tab running up, which could cause financial hardship.

Try to paint as clear a picture of what you can afford for your attorney and have them do the same as far as what they charge.

Neither party should be surprised when it comes to money.

10. What Do You Foresee As the Outcome of My Case?

This is perhaps the most important question you can ask your attorney.

Why?

Because if your attorney’s vision for your case doesn’t align with your expectations, then you know whether or not they’re worth working with.

While you may need to adjust your expectations to the reality of the situation. When you first start interviewing attorneys, see if you can find a credible one that believes in your case.

There’s no point in paying someone to get you a bad result.

Wrapping Up: 10 Questions to Ask DUI Lawyers

If you’re involved in a DUI and are looking for perspective DUI lawyers to interview in South Carolina, look no further than our team at De Bruin Law Firm.

At De Bruin, our team of legal experts has been getting our clients favorable results for their DUI offenses for years.

Let us do the same for you.

Contact us today to schedule your case consultation. You’ll be glad you did!

5 Things to Consider Before Hiring a DUI Lawyer

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Driving under the influence is a crime in every state, but not all cases end in a conviction. Hiring a DUI lawyer is your first step toward avoiding jail time and exorbitant fines, and having a DUI on your permanent record.

Don’t make the mistake of hiring anybody to defend your DUI case. If you were recently arrested for drinking and driving, we have five things to look for when hiring a lawyer.

Do You Need a DUI Lawyer?

DUI is a serious crime in South Carolina with serious consequences.

It’s illegal to drive in South Carolina if your blood alcohol level (BAC) is .08% or higher. If you’re underage, that level drops to .02% or higher. If you have a commercial driver’s license, it’s illegal to drive with a BAC of .04% or higher.

In some cases, you could receive a DUI or another alcohol-relation violation even if your BAC is under those legal limits.

The penalties include having your license suspended, installing a mandatory ignition interlock device, and attending a drug/alcohol safety course. The two biggest penalties are the hefty fines/fees and jail time.

Fine Schedule

The following are fines imposed by the State if convicted of a DUI with a BAC of .08% or less:

  • First offense: $400
  • Second offense: $2,000-$5,000
  • Third offense: $3,800-$6,300
  • Fourth or more: Set by the court to be no more than $10,000

These fines increase as the BAC percentage is higher or if you have a CDL.

Jail Times

South Carolina doesn’t only hit your wallet if you’re convicted of a DUI. If you’re convicted of a second offense or more, you will serve jail time.

  • First offense: Fine or 48 hours to 30 days imprisonment
  • Second offense: Not less than 5 days up to a year
  • Third offense: Not less than 60 days up to 3 years
  • Fourth or more: Not less than 1 year up to 5 years

It’s not only illegal to drive after you’ve been drinking, it’s dangerous. South Carolina is well above the national average for DUI-related deaths.

From 2003-2012, the national average was 3.3 deaths per 100,000 people. In the Palmetto State, it was more than twice that at 7.6 per 100,000. That’s one of the reasons the price to pay for a DUI in South Carolina is a hefty one.

With stakes this high, the reasons why you should hire a DUI lawyer are obvious. Finding a DUI attorney may have your DUI charges reduced or dismissed altogether.

These are the things to consider when hiring a DUI specialist:

1. Find a Local Attorney

Some lawyers advertise nationwide but don’t understand the laws specific to your state. They also don’t have relationships with the prosecutor or judge. This could lead them to convince you to plead guilty when your DUI case isn’t open and shut.

If you insist on fighting the charges, will they be there to fight alongside you in court? Do they know what the prosecution is going to push for in penalties? Do they know the judge’s DUI conviction rate?

A local attorney will have these answers. But it’s imperative to hire a local DUI lawyer, not only a defense attorney. DUI laws change often and you need an attorney who understands the changes and prepares for them.

2. Who Will Handle Your Case?

Large law firms hire many paralegals, assistants, and other staff members to ease their heavy caseload. In other words, the DUI lawyer you meet with and hire may not be the same attorney who handles your case.

Ask in your initial consultation if they will be the lawyer representing you in court. You don’t want a lawyer playing “pass the baton” when your future is at stake. If they can’t answer in a definitive manner, you may want to reconsider hiring them.

Who will handle your case may play a part in how much they charge for their services.

3. How Much Do They Charge?

Ask them how much they charge and how it’s billed. This is an awkward question, but it’s better to get it out in the open from the start.

Before you meet the lawyer, have your finances in order. Know how much you can pay at once and in installments.

Hiring a lawyer is not cheap but there are attorneys who will agree to a payment plan. Some may have other options like a junior partner or other legal specialist handling the brunt of your case.

The lawyer can estimate a figure for your defense but it won’t be set in stone. There will be many factors that determine their fee but ask if they have a ballpark figure. Explain your budget and ask if their fee includes the investigation, file review, and evidence collection.

4. What is their Track Record?

There are many lawyers that have a lot of experience preparing for DUI cases but they’ve never been to court. If you’re facing a felony, you want an attorney who has presented cases in court.

Ask them about their DUI defense record. How many cases have they won? How many ended in a plea deal?

If you’re facing jail time, you need an experienced lawyer who isn’t intimidated in a courtroom.

5. Have They Ever Faced Discipline from the Bar Association?

If an attorney has faced discipline from the Bar Association, you want to know. It could be an indication of his or her ethics and level of professionalism.

You want a DUI lawyer who knows the rules, not one who breaks them. The last thing you need is to walk into court and be behind the curve because your attorney has a bad reputation.

The American Bar Association can help find local attorneys in good standing.

Your Future Deserves a Defense

At De Bruin Law Firm, we understanding hiring a DUI lawyer is a decision that you shouldn’t take lightly. That’s why we pride ourselves on being open and honest with our clients at the initial evaluation.

Our knowledgeable DUI attorney will seek to resolve your case with the most favorable outcome. We work to make sure you understand the options and prepare you for your day in court.

A DUI is on your record forever. We work to make sure it isn’t. Contact us today and schedule your free evaluation.

How to Get an Attorney for Your DUI Case

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South Carolina is one of the states you’re more likely to get arrested for a DUI in, with arrests topping off at more than 50 in 10,000 drivers. With DUI arrests so common, you might need to know how to get an attorney on the double. The quality of your attorney could impact whether you end up with permanent marks on your record or even damage to your credit.

Here are 5 steps you need to follow when in search for a DUI attorney.

1. Look for Someone Local

When you’ve been arrested for a DUI, you’re going to need help from someone who knows the local laws in and out. Hiring an out of state lawyer for your South Carolina DUI is a bad idea given you’ll be needing advice regarding local laws.

Hiring someone nearby means you can also stop in for a visit when you have a question. You’ll need to sign papers, meet with experts, and talk over your case. Doing this with someone who is far away can be a struggle, especially if your DUI has resulted in a suspension of your license.

Someone nearby can know details beyond just what’s on the books. They can know if a certain officer has been known to trump up charges against other people. They’ll know who to talk to about whether or not your case is severe or could be thrown out.

They’ll also know things about the area that could be important. They’ll know which roads have twists, turns, and hills that could have contributed to a perception you were speeding or swerving.

Hiring local is never a bad idea.

2. Choose For Experience

Finding an attorney to work on your DUI case requires looking at what kind of experience the attorneys in your area have. You need to hire someone who has handled cases like yours before and who has won them.

Hiring a 30-year veteran of working on DUI cases means that you’ll be getting someone who can help you win. They’ll know the judges and the court system in and out and know what it takes to get the best outcome for your case. However, if they’re good enough to stay in business that long, they’re going to be pricey.

You can hire someone with less experience if you want to save money. However, you’ll have to contend with the fact that they might not be as highly experienced as someone who has been doing the work for longer.

When you hire someone for their experience, ask yourself whether or not your case seems like it’ll be simple or not. If you think you’ve got a difficult case, you’re going to need the person with the most experience to get the result that you’re looking for.

3. Read Reviews

Checking out reviews online can help you pick out an attorney who will work hard for your case. Looking at what other people have said about your attorney will clue you in on what they’ll be able to do for you.

While online reviews should always be taken with a grain of salt, they can reveal patterns of behavior, good or bad. If someone has failed their clients over and over or left them hanging, you should work with someone else. If other people have a very similar case to you and have talked about a positive outcome, then you’ve found a great attorney to work with.

Every attorney will have testimonials and reviews on their own site but you should look for reviews elsewhere. The kinds of reviews you can find on sites like Yelp or Avvo should give you useful information. The more you know about your attorney before you meet with them, the better equipped you’ll be to ask them useful questions.

Don’t be alarmed if your attorney doesn’t have a lot of reviews. Only a small percentage of clients will go online after working with an attorney to review them.

4. Get Multiple Consultations

When it’s time to start meeting with attorneys, don’t be afraid to meet with multiple lawyers. If they offer a free consultation, take them up on that offer. Reviewing multiple attorneys is as important as getting a second opinion when you’re getting medical advice.

Talking to a few different attorneys can also clue you in on what to expect from your day in court. They’ll run you through multiple scenarios, what could go wrong, and what you should be prepared to explain. They’ll prepare you for every step along the way and should make you feel more comfortable with the whole process by the end of it.

5. Compare The Costs of Not Hiring an Attorney

While it might seem a little daunting to think about the cost of hiring an attorney, not hiring one could be a serious problem.

A DUI could show up on your credit report. If you’re trying to get a loan for college, for a house, or for a car, the amount that you qualify for could be affected by whether or not you got a DUI.

A DUI will show up on your background check. If you’re in the midst of applying for a job and your DUI shows up, your potential employer could offer you a lower salary or just not hire you at all.

You never know the adverse ways your DUI could be haunting you.

Knowing How To Get An Attorney is Easy

Hiring a DUI attorney is the easy part. The challenge comes when it’s time to put together your defense and figure out what the potential outcomes could be. Once you’ve decided how to get an attorney, you need to make sure you’ve got all the facts in order so that you can win.

For a more detailed overview of DUI laws and penalties, check out our guide.

The De Bruin Law firm offers a wide range of legal services to clients in Greenville, SC and the surrounding upstate. Our experienced attorneys can help you with legal matters in the areas of business law, criminal law, estate planning, and real estate law.

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