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.

What to Expect During and Immediately After a DUI Arrest in South Carolina

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If you are driving home from a sports bar or gathering of friends after a night of drinking, the sudden reflection of red flashing lights in the rearview mirror can be alarming.  While this scenario offers the potential of severe penalties and a murky future, a driver’s contact with law enforcement after a night of drinking will not necessarily lead to a DUI conviction.  The way you handle the interaction with the officer and a prompt decision to retain an experienced Greenville DUI defense lawyer can improve your chances of a positive outcome.  In this blog, we examine the initial stop and arrest process, field sobriety and chemical testing, and the driver’s license consequences of a DUI arrest.

The Initial Stop

A roadside traffic stop constitutes an inherently disturbing situation for people who have had little experience with law enforcement because the officer has the advantage of standing over you with a gun and the power of arrest.  The first priority for any motorist in this situation is not to panic because a level head and the full exercise of your rights can allow you to impact the way the encounter turns out.  The officer usually will have stopped your vehicle because of a traffic violation or perceived erratic driving. [DUI checkpoints that involve random stops are beyond the scope of this discussion.]  The key point to keep in mind is that the officer must have at least “reasonable suspicion” a crime is being committed to justify the stop.  If the officer does not have sufficient articulable facts to justify the initial stop, an experienced Greenville DUI defense attorney might be able to get all evidence obtained during the stop suppressed.  While the threshold for meeting the reasonable suspicion test is relatively low, the officer cannot pull you over merely based on a hunch.

Officer-Driver Interaction

During the stop, the officer will attempt to gather additional evidence to create “probable cause” for an arrest.  The officer will approach your vehicle to request your driver’s license and registration.  Since you are required to provide this identifying information, you might want to hold the documents in your hands which should be clearly visible on the steering wheel.  This apparent cooperation can avoid the awkward scenario of fumbling around looking for and dropping the documents, which the officer might characterize as “lack of coordination.”  The officer will ask other questions, such as:

  • Where are you coming from?
  • Have you been drinking?
  • How many drinks have you had tonight?

These questions are intended to elicit responses to justify a finding of probable cause for a DUI arrest.  While you have the absolute right not to answer these questions, you should do so politely.  One approach might be to indicate you are not comfortable answering any questions until you speak to your attorney.  Although the officer is not going to let you call an attorney, there is nothing to be gained by answering these questions.

The officer also has another purpose for asking these questions during the stop.  The officer will carefully observe your appearance, demeanor, and responses.  This observation will focus on slurred speech, red bloodshot eyes, alcohol on your breath, and lack of coordination.  In other words, the officer wants you to engage in a verbal exchange that allows him to extend the stop and gather evidence supporting a DUI arrest.  If the officer continues to ask you to answer questions, you should reiterate your desire to speak to a lawyer and ask if you are free to leave.  These physical characteristics can be related to illness, fatigue, and other innocent factors, which our attorneys understand, but there is no reason to give the officer a basis to extend the duration of your stop.

Standardized Field Sobriety Testing

Despite depictions on television, there are only three field sobriety tests that have been approved for use by the National Highway Traffic Safety Association (NHTSA).  The three approved tests referred to as Standardized Field Sobriety Tests (SFSTs) include:

  • Horizontal Gaze Nystagmus (HGN)
  • One Leg Stand Test
  • Walk and Turn Test

If the officer asks you to perform any test other than these three, the exercise is not considered to have any confirmed reliability in identifying an alcohol or drug impaired driver.  Fortunately, a sub-standard performance on SFSTs frequently can be dealt with by our experienced Greenville DUI defense attorneys because the tests individually have significant error rates.  Many reasons also exist for a poor performance on SFSTs that have absolutely nothing to do with intoxication, such as:

  • Illness
  • Injury
  • Physical or mental disability
  • Improper footwear
  • Constricting clothing
  • Lack of coordination
  • Poor lighting
  • Proximity to traffic
  • Stress and anxiety
  • Poor dexterity
  • Officer preconceptions (self-fulfilling prophecy)
  • Improper procedures, instructions, or demonstration

While the best decision might be to skip STSTs in most situations, this short list of reasons for poor performance on the walk and turn and one leg stand tests provide a basis for challenging such results in court.  Further, the South Carolina Supreme Court has ruled that the HGN test is not accurate enough to be used unless combined with other STSTs.  If the officer did not properly perform the walk and turn or one leg stand tests or the results of these tests are excluded, the HGN test result also must be excluded from use at trial.

These tests combined with officer observations before and during the stop usually will comprise the evidence used to support probable cause for a DUI arrest.  Many people might wonder why they should agree to perform these awkward and unfamiliar physical and mental exercises.  There are good reasons to decline if you know you have been drinking or suffer from physical or psychological limitations that might make the process difficult.  While the officer will probably arrest you if you refuse to perform the tests, their purpose is to create more evidence to support the arrest and to be used at trial.  If the officer asks you to perform standardized field sobriety tests (SFSTs), he or she has probably already decided you are intoxicated.  Put simply, there is little for you to gain by agreeing to SFSTs unless you are certain you will perform successfully.

Arrest & Formal Chemical Testing

If the officer determines sufficient evidence exists to justify an arrest for DUI, you will be taken into custody and transported to a location for chemical testing (often the police station for a breath test).  While you are not required to submit to the breath (blood or urine) test, there are consequences for refusal under the South Carolina implied consent law.  Under the implied consent law, an individual driving in South Carolina consents to submit to chemical testing for drugs or alcohol via breath, blood or urine.  Although a motorist can refuse this test, the refusal will result in driver’s license consequences separate and apart from any penalties in traffic court.  (Click Here to Learn More).

Challenging DUI Charges Based on Improper Officer Procedures

Whether you are charged with DUI or DUAC, our DUI defense lawyers might assert a range of defenses based on improper actions by the police officer that could justify a dismissal of the charges, including but not limited to the following:

  • Failure to provide a Miranda advisory of your rights justifying exclusion of incriminating statements
  • Noncompliance with the strict requirements for SFSTs, which cannot be used at trial unless the proper procedures are observed
  • Neglecting to turn on the arresting officer’s video camera when activating the squad car’s blue lights
  • Refusing to give affirmative assistance in transporting you to a facility of your choosing for you to have additional BAC testing
  • Failing to provide informed consent advisory regarding the consequence of a refusal to submit to chemical testing
  • Lack of maintenance and calibration of the breath testing device

Driver’s License Consequences of a DUI

When you are arrested for DUI in Greenville or the surrounding areas of South Carolina, you will face potential consequence to your driving privileges both through the DMV and the traffic court.  If the officer determines that you have refused to participate in a chemical test through breath, blood, or urine, you will face an administrative suspension of your driver license through the DMV.  The DMV will also suspend your driver’s license if you have a BAC of .15 percent or higher.  The length of the suspension will depend on your BAC level and/or whether you have prior refusals or DUI/DUAC convictions.  [Click Here for More on Informed Consent Driver’s License Issues].

If you or someone you love has been arrested for DUI or any other alcohol or drug-related driving offense, we invite you to contact us 24/7 to protect your future.  Our law firm is committed to providing effective legal representation and timely communication, so call us today at (864) 372-2896 or submit a confidential case inquiry form.

Greenville DUI Attorneys Provide Overview of DUI Laws, Penalties & Charges

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South Carolina has tough DUI laws that carry harsh penalties and potentially devastating long-term consequences.  When you are arrested for an alcohol-related driving offense, the precise charges that you face will depend on your unique circumstances.  Some of the factors that might affect the charge include the refusal of a breath test, blood alcohol concentration (BAC), any accident involvement, and injuries or deaths caused by the drunk driving.  In this blog, we provide an overview of DUI laws, offenses, and penalties in South Carolina.

South Carolina DUI Laws

DUI [Section 56.5-2930]

The basic charge that will be faced by an adult will either be DUI under Section 56.5-2930 or DUAC under Section 56.5-2933.  Although a motorist only can be convicted of one of these offenses, which are subject to the same penalties, the charges apply to different circumstances.  DUI will be charged when the police officer gathers evidence that a driver’s physical or mental driving abilities are impaired by drugs, alcohol, or both. This evidence might include a traffic violation, field sobriety tests, observations during a stop, or so-called erratic driving.  This form of DUI will usually be charged when the police do not acquire any BAC chemical testing results.  The lack of breath (blood or urine) results might be because of a refusal to comply with the informed consent law or the failure to blow an adequate amount of air to activate the breath test device.

DUAC [Section 56.5-2933]

The prosecutor usually will charge the DUAC offense when a motorist submits to BAC testing with a result over .08 percent.  This charge is easier to prove because a conviction can be obtained even if a motorist was driving perfectly prior to the stop.  While the officer must still have a valid reason to pull the vehicle over, a BAC that exceeds the legal limit is sufficient to justify the charge.

Penalties for DUI and DUAC

The penalties for a DUI/DUAC will depend on whether you have a prior conviction during the 10 years preceding the current offense, as well as your BAC level.

  • 1st Offense (BAC <.10%)
    • $400 fine or 48 hours-30 days jail –
    • 6 mon. DL suspension
  • 1st Offense (BAC .10-.15%)
    • $500 fine or  72 hours-30 days jail
    • 6 mon. DL suspension
  • 1st Offense (BAC >.15%)
    • $1000 fine or  30-90 days jail
    • DL Suspension Indefinite*
  • 2nd Offense (BAC<.10%)
    • $2100-5100 Fine AND 5 days-1 year jail
    • DL Suspension Indefinite*
  • 2nd Offense (BAC .10-.14%)
    • $2500-5500 Fine AND 30 days-2 years jail
    • DL Suspension Indefinite*
  • 2rd Offense (BAC >.15%)
    • $3500-6500 Fine AND 90 days-3 years jail
    • DL Suspension Indefinite*
  • 3rd Offense (BAC <.10%)
    • $3800-6300 Fine AND 60 days-3 years jail
    • DL Suspension Indefinite*
  • 3rd Offense (BAC .10-.15%)
    • $5000-7500 Fine AND 90 days-4 years jail
    • DL Suspension Indefinite*
  • 3rd Offense (BAC >.15%)
    • $7500-10,000 Fine AND 6 month-5 years jail
    • DL Suspension Indefinite*
  • 4th or More (BAC <.10%)
    • 1-5 years incarceration
    • DL Suspension Indefinite*
  • 4th or More (BAC .10-.15%)
    • 2-6 years incarceration
    • DL Suspension Indefinite*
  • 4th or More (BAC >.15%)
    • 3-7 years incarceration
    • DL Suspension Indefinite*

The penalties imposed for a DUI or DUAC offense might include sanctions beyond those listed above, such as mandatory classes, community service, drug/alcohol treatment, and more.  When you are charged with a 1st offense with a BAC of .15 or below, you might be eligible to perform your minimum hours requirement as community service in lieu of incarceration.  Any driver’s license suspension imposed in the criminal case will be in addition to any administrative suspension imposed through DMV for a violation of the informed consent law or a BAC test exceeding .15 percent.

Post DUI Conviction

If a motorist is convicted of DUI/DUAC or a refusal under the implied consent law, he or she will also be required to complete the Department of Alcohol and Other Drug Abuse Services course.  When license reinstatement is sought, a fine of will need to be paid, and the driver will have to carry SR22 insurance for at least 3 years following completion of any driver’s license suspension.

*Use of an Ignition Interlock Device (IID) will be required for a minimum period ranging from 6 months to life depending on the circumstances

Underage Drinking & Driving

While an adult violates the law when driving with a BAC of .08 percent or higher, a driver under the age of 21 can face a DUI charge with a much lower BAC of .02 percent or above.  Along with any criminal court penalties, an underage motorist will face the following administrative DMV penalties:

  • 1st Offense: 3 month driver’s license suspension
  • 2nd Offense (w/n 5 years): 6 month driver’s license suspension

DUI with a Commercial Driver’s License (CDL)

If you hold a commercial driver’s license, the threshold for unlawfully driving is a BAC of .04 percent or above.

South Carolina Implied Consent Law [Section 56-5-2950]

The “Implied Consent” law essentially provides that an individual who drives within the state of South Carolina has consented to submit to a chemical test of blood or breath (urine for drugs) subject to a lawful arrest by an officer with probable cause to believe the motorist was driving under the influence.  This administrative DMV suspension is separate and in addition to penalties in the criminal case.  While a driver could elect to refuse the chemical test, the refusal will result in a 6 month driver’s license suspension for a first refusal, which will be consecutive with any suspension in the criminal case.  If a driver has prior refusals or DUI/DUAC convictions within a 10 year period, the accused will be subject to a longer driver’s license suspension.  While the suspension starts immediately if the driver refuses a chemical test, he or she might qualify for a temporary permit by paying a fee and submitting a request within 30 days of the suspension.

If you have a BAC of .15 or higher, you will also be subject to an administrative driver’s license suspension of at least a month.  IMPORTANT: You can request a hearing to challenge your administrative license suspension but must submit a request for a hearing within 30 days of the suspension.

Felony DUI with Injury [Section 56-5-2945]

While a motorist often will be charged with a misdemeanor for a DUI/DUAC, the offense rises to the level of a felony if the accused causes “great bodily injury” or death to someone other than the alleged offender.  The prosecutor cannot pursue a felony if the only person injured is the accused, but felony charges can be pursued if another motorist, passenger, bicyclist, or pedestrian is injured.  The term “great bodily injury” refers to a bodily injury that causes permanent or serious disfigurement, protracted impairment or loss of an organ or bodily function, or a substantial risk of death.  If the seriously injured victim dies within 3 years of the accident from related complications, the driver could be charged in relation to the death.

While the penalties associated with all DUI charges are significant, felony DUI can have a profound long-term impact on the motorist life.  A person convicted of felony DUI faces exposure to incarceration for a mandatory minimum of 30 days up to a maximum of 15 years.  The offense also carries a mandatory fine of $5,000 to $10,000.  The DMV also will impose a driver’s license suspension equal to the term of imprisonment plus three additional years.

When a DUI involves the death of another person, the accused faces a mandatory minimum sentence of one year with a potential maximum of up to 25 years in state prison.  The penalty also includes a mandatory minimum fine of $10,100 and a maximum fine of $25,100.  The offense also carries a five year driver’s license suspension.

The mandatory minimum sentences imposed for felony DUI involving great bodily harm or a death cannot be suspended nor may probation be granted in lieu of any part of the mandatory minimum incarceration period.  The driver might also face other serious charges that include reckless homicide or involuntary manslaughter if the victim dies.

Protecting Your Future When Facing DUI Charges

Whether you are charged with a misdemeanor or a felony, DUI charges involve serious consequences.  The formal penalties imposed only reveal part of the story.  Individuals convicted of an alcohol-related driving offense could experience damage to their professional and personal reputation, job loss, barriers to educational and career opportunities, loss of certain constitutional rights, and adverse immigration-related consequences.  Our DUI defense lawyers might challenge the legal basis for the stop, expose flawed BAC and SFST results, reveal inaccuracies or bias in the officer testimony, attack improper law enforcement procedures, seek suppression of illegally obtained statements, and otherwise dissect the prosecutor’s case.

Greenville DUI Defense Attorney

If you or someone you love has been arrested for DUI or any other alcohol or drug-related driving offense, we invite you to contact us 24/7 to protect your future.  Our law firm is committed to providing effective legal representation and timely communication, so call us today at (864) 372-2896 or submit a confidential case inquiry form.

Greenville DUI Lawyer

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“Because Your Future Deserves a Defense”

Greenville Criminal Defense — Greenville DUI Defense Lawyer

When you are facing felony or misdemeanor charges, your choice of criminal defense lawyer can have a substantial impact on your future. While there are many qualified South Carolina criminal defense law firms, our firm is built on experience, commitment, and dedication to the rights of the accused. This background provides a firm foundation for protecting our clients’ reputations, liberty, and careers whether charged with serious felonies or a first offense of driving under the influence (DUI).

Why Clients Facing Criminal Charges Trust Aaron De Bruin

When you are facing criminal charges that could derail your future, there is no substitute for experience and proven expertise. Greenville criminal defense lawyer Aaron De Bruin is a former prosecutor for the United States Marine Corps. This experience involved handling a broad spectrum of criminal charges and a heavy caseload. During his time as Judge Advocate General in the marine corps, Aaron acquired experience working closely with military law enforcement, which includes the Naval Criminal Investigative Service. Because of his time as a successful military prosecutor, he anticipates the tactics of law enforcement officers and prosecutors. The De Bruin Law Firm, LLC offers clients over 28 years of collective legal experience. Aaron’s clients also take comfort in the fact that he has extensive courtroom experience, so he does not shy away from trial.

Honors, client reviews, and accolades from around the web and media sources attest to Aaron’s effectiveness.

  • Greenville Business Magazine Pick as One of Greenville’s “Elite Criminal Defense Attorneys” (2O13, 2015, 2016)
  • 5-Star Rated Criminal Defense Attorney on AVVO (Verified 9-17-2017)
  • 5-Star Average Rating from Former Clients on Facebook (Verified 9-17-2017)

Greenville DUI Defense Lawyer

A DUI charge has the potential to wreak havoc on your life. A DUI can cost you your job, your relationships, and your reputation. At the De Bruin Law Firm, our Greenville DUI defense lawyers are experienced in criminal matters and take pride in building strong defenses for our clients. An arrest does not necessarily have to result in a conviction, and our lawyers will work hard to protect your legal rights.

South Carolina DUI laws

In South Carolina, a driver may be arrested for driving under the influence if the driver’s blood alcohol content is 0.08 percent or higher. A conviction may result in fines, community service, jail time, and a suspended license. With each subsequent DUI conviction, the penalties become more severe.

However, not every arrest for DUI will result in a conviction. To protect your legal rights, it is important to discuss your case with an experienced DUI defense lawyer as soon as possible. Statements that you make to police officers, prosecutors, and other individuals may be used against you. Therefore, it is important to hire a lawyer so that your lawyer may speak on your behalf and protect your interests.

Defenses to DUI charges

If you have been arrested for DUI, there may be one or more defenses available in your case. With the assistance of your defense lawyer, you will be able to provide support for these defenses and possibly have your charges reduced or dismissed.

The Breathalyzer is used to measure the amount of alcohol in a driver’s blood. The officer will have the driver blow into the Breathalyzer, and the Breathalyzer will then provide a reading that shows the driver’s blood alcohol content. However, the Breathalyzer must be used correctly and calibrated properly for it to provide an accurate reading. In addition, there may be legal reasons that a driver’s breath shows a high Breathalyzer reading. For example, some have argued that mouthwash may trigger a higher reading. In some diabetics, the Breathalyzer results are skewed because of unique biological characteristics.

There are also numerous defenses available for failed field sobriety tests. A field sobriety test is a way for law enforcement to measure how impaired a driver is. There are three field sobriety tests. In the walk and turn test, a driver must walk a straight line, turn, and walk back, following the officer’s specific instructions. The officer will also perform a horizontal nystagmus test, during which the officer will look for involuntary movements in the driver’s eyes that occur with heavy drinking. Finally, the officer will ask the driver to stand on one leg and count, again with specific instructions.

In each of these tests, the officer is looking for physical signs that the driver is impaired. Is the driver able to balance on one leg? Do the driver’s eyes involuntarily move back and forth? Can the driver count coherently? If the driver fails these tests, the officer may arrest the driver for driving under the influence.

However, there are legitimate reasons for failing a field sobriety test. Physical conditions are often the culprit. In addition, environmental conditions, such as an uneven walking surface, may also cause a driver to fail a test. With a strong DUI defense lawyer, you may be able to argue that you should not have been arrested.

Were you arrested for DUI?

If you were arrested for DUI, it is important to speak with a lawyer immediately. Lawyer Aaron De Bruin has been named one of “Greenville’s Elite Criminal Defense Lawyers” by the Greenville Magazine in 2013, 2015, 2016.

To schedule a free consultation with our DUI defense lawyers, call 864-982-5930 or visit greenvilledefense.com today so that we may begin working on your case.

Important Issues Involving South Carolina DUI Driver’s License Issues

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“Because Your Future Deserves a Defense”

Drunk driving is an activity to be avoided because of the risk of a tragic accident, but millions of people are arrested for DUI annually.  The prospect of losing your driver’s license, paying significant fines and other costs, and spending time in custody can be frightening.  Suspension of your driver’s license also might make obtaining employment, or keeping your job, extremely difficult.  The damage to your personal and professional reputation could affect career prospects and rental housing options.  While the best way to protect your rights and future is to retain an experienced Greenville DUI defense lawyer, this blog outlines common South Carolina DUI driver’s license issues.

License Suspension and Administrative Hearing

Will I lose my driver’s license for a DUI in South Carolina?

If you are arrested for driving under the influence (DUI) in South Carolina, your driver’s license will be suspended even for a first offense.  DUI cases often involve an administrative case and a legal case.  Although either or both cases could result in a driver’s license suspension, the driver’s license consequences of these two components of a DUI case are distinct and independent.  Even if you are acquitted of DUI at trial, the loss of your driving privileges arising from an administrative DMV suspension will remain in full force and effect though you might qualify for a provisional license.

Drivers face an administrative suspension of their driver’s license if they violate the South Carolina implied consent law (SC Code 56-5-2950).  The law provides in pertinent part that “a person who drives a motor vehicle in [South Carolina] is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs . . .” if he or she is arrested for driving under the influence of alcohol, drugs, or a combination of both.

If a driver arrested for DUI refuses to submit to a chemical test of BAC level after a lawful arrest, his or her driver’s license will be suspended.  While many people are aware that they will suffer a driver’s license suspension in this situation, fewer people know that an administrative suspension for a breath test refusal (or failure to produce enough breath for a valid test) will result in loss of your driving privilege even though you are acquitted at trial.  Motorists who blow a .15 or higher also will be subject to an administrative driver’s license suspension.

Duration of Administrative Driver’s License Suspensions

The duration of the administrative license suspension will depend on the grounds for the suspension and any prior DUI convictions during the preceding ten years.  A motorist with a .15 percent BAC or higher faces a DMV license suspension of a least 30 days.  When a person violates the implied consent law, the driver’s license suspension typically will be six (6) months for a first offense, and the duration of the suspension increases for subsequent convictions.

Request for Administrative Hearing for a Refusal

If you refuse to participate in a breath test or fail to provide an adequate sample, the officer will provide you with a Notice of Suspension.  If you hold a South Carolina driver’s license, the officer will take your license and turn it over to the Department of Motor Vehicles (DMV).  The Notice of Suspension (blue form) will provide the easiest way to request a hearing to challenge the license suspension, which must be accompanied by a $200 fee.

Once your hearing request has been received, the DMV will assess your eligibility for a temporary alcohol restricted license (TARL).  If you qualify for a TARL, the temporary license will apply until the hearing officer renders a decision after your administrative hearing.  IMPORTANT: Time is of the essence in submitting your request for a hearing to the Office of Motor Vehicle Hearings because a 30-day deadline applies.  If you fail to submit a timely hearing request, the suspension will remain in effect.

While you are free to represent yourself at the hearing, you reap certain advantages by retaining legal representation. Our experienced Greenville DUI defense lawyers have handled many DMV license hearings, so we have a thorough understanding of the relevant issues, evidence, and procedures.  When we represent clients at DMV hearings, we also take the opportunity to review the evidence gathered by the officer that will be used against you and to cross-examine the officer.  This preview of the prosecutor’s evidence allows us to start constructing an effective defense strategy for negotiations and trial.

What Constitutes DUI in South Carolina?

Although it is not unusual to panic when being stopped by a police officer after you have had a drink, there is no law that prohibits this conduct.  In South Carolina like most states, there are two forms of drunk driving that can subject you to criminal DUI charges.  Section 56-5-2930 makes it a crime to drive a vehicle when an individual’s “faculties to drive a motor vehicle are materially and appreciably impaired” by drugs, alcohol, or both. In simple terms, this form of drunk driving can be thought of as “bad driving DUI.”  A prosecutor can pursue this DUI charge even without a chemical test of the motorist’s BAC level based on evidence of poor driving, physical signs of intoxication, and poor performance on field sobriety tests.

The other form of “drunk driving” under South Carolina law involves driving with an unlawful drug alcohol concentration of .08 percent or higher (DUAC) under Section 56-5-2933.  Motorists can be prosecuted for DUAC even if their driving is flawless though the arresting officer must still have a lawful basis for the stop.  This form of “drunk driving” is sometimes referred to as a “per se” offense because a driver can be convicted merely for driving with a BAC level above the statutory threshold.  If the driver is under the age of 21, the law prohibits driving with a BAC of .02 percent or higher.

Penalties for DUI and DUAC in South Carolina

The same penalties apply for both forms of DUI, but the offenses are mutually exclusively, so a driver will only be convicted for one of the offenses.

The criminal penalties for a conviction of DUI or DUAC, which are additional to any administrative license suspension, include the following for the 1st offense with a BAC below .10 percent:

  • Minimum jail time of 48 hours
  • Maximum jail time up to 30 days
  • $400 fine
  • and/or 48 hours of community service

These penalties rise substantially for subsequent offenses.  A second offense with the same BAC level, for example, will expose a motorist to the following penalties:

  • Minimum 5 days in jail
  • Maximum of one year in jail
  • Fine ranging from $2,100 to $5,100
  • Mandatory installation of an ignition interlock device (IID) or a 3-year license suspension

Seeking Driver’s License Reinstatement

Once the criminal penalties and driver’s license suspension have been satisfied, a motorist’s will have to file for a driver’ license reinstatement to reclaim the right to operate a motor vehicle lawfully in the state.  While the precise requirements of reinstatement will depend on your individual circumstances, you might need to do the following:

  • Successfully complete a driving skills and knowledge test
  • Submit a $100 reinstatement fee
  • Successfully participate in the Alcohol and Drug Safety Program (ADSAP)
  • Furnish an SR-22 as proof of insurance

How an Experienced Greenville DUI Defense Lawyer Can Help

Although facing the prospect of a criminal charge for DUI/DUAC might be daunting, there are many defenses that might be used to safeguard your reputation and future.  At De Bruin Law Firm, our DUI defense attorneys tenaciously challenge the prosecutor’s case when seeking a dismissal, acquittal, or favorable plea agreement.  While the specific defense strategy we utilize will vary depending on the precise nature of the case, potential defenses might include:

  • Challenging the legal basis for the stop
  • Exposing inconsistencies or misrepresentation of the facts by the police officer
  • Revealing the unreliability of Standardized Field Sobriety Tests (SFSTs)
  • Attacking the officer’s compliance with mandatory procedures
  • Analyzing the collection, storage, and testing of blood or urine
  • Uncovering a lack of maintenance or calibration of the breath test device
  • Presenting evidence of a rising BAC level that was still under the legal limit at the time of the stop

While many people assume that a DUI charge inevitably will lead to a conviction, experienced Greenville DUI lawyers can employ a broad range of defenses to seek a dismissal, acquittal, or favorable plea agreement.  When our DUI lawyers defend an individual charged with driving under the influence, we examine every aspect of the case from the initial contact with the officer, so we can identify facts and issues that might provide a strategic advantage.  Even if the facts and circumstances of your situation make a plea bargain a better option, our lawyers work diligently to prepare the most effective and persuasive defense strategies.  This approach allows us to negotiate any plea agreement from a position of strength.

Contact our Greenville DUI Defense Attorney

If you or someone you love has been arrested for DUI or any other alcohol or drug-related driving offense, we invite you to contact us 24/7 to protect your future.  Our law firm is committed to providing effective legal representation and timely communication, so call us today at (864) 372-2896 or submit a confidential case inquiry form.

Do I have to tell my employer if I get a DUI?

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“Because Your Future Deserves a Defense”

Getting a DUI can be extremely embarrassing whereas most people want to move on after such an unpleasant experience. However, you might be wondering whether your DUI will end up impacting your professional life. One thing that might cross your mind, and could cause you to lose sleep, is whether you have to tell your employer about your DUI. The answer is that it depends. There are certain situations where you might have to tell your employer, but in many cases, disclosing this information is not required.

When would I have to tell my employer about my DUI?

If you signed a contract with your current employer, take a look at it. Does it state that you have to disclose anything like a DUI, arrest, or conviction? If the contract requires your disclosure under the circumstances, then you should abide by its terms. Remember though, that if you are required to inform your employer of a conviction, and you were arrested, but not convicted, then disclosure would not be necessary. If you fail to notify your employer despite a contractual obligation to do so, you will be considered in breach of your employment contract. This could cause you to lose your job.

Another scenario when you might have to disclose your DUI is if your job includes driving. For one thing, there is a greater chance that your contract will require you to have a clean driving record if you are responsible for driving as part of your job. It is also possible though that your DUI will impact your ability to drive, and that as a result, it will impact your ability to do your job. In this case, failing to notify your employer might not be an option. Additionally, if you have a DUI, and you cause an accident while driving for work, your employer could find themselves liable for having you drive when you have a DUI.

Without some specific reason to notify your employer, there is no universal rule that your employer must be notified of your DUI.

What about applying for new jobs?

When applying for a new job, you might be asked questions regarding whether you have ever been convicted of a crime. In these situations, the wording of the job application is very important. Sometimes you will not have to disclose any convictions unless you were convicted of a felony. If this is the case, then if you were arrested and not convicted, or if you were convicted of a misdemeanor, then you would not have to disclose anything. It is important to fully understand what is being asked.

If you were arrested for a DUI, it is important to find an experienced attorney to represent you. You will likely have plenty of questions regarding how the DUI will impact your life, and an attorney will be able to help you understand how to handle these situations so that you are not in violation of any laws or agreements to which you are subject. Contact us at 864-982-5930 today to learn more about how we can make a difference for you.

Common Issues With Field Sobriety Tests

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Field sobriety tests are used by police officers to evaluate a driver’s level of intoxication. Field sobriety tests are often used in conjunction with a Breathalyzer, which measures the amount of alcohol in one’s breath. Although field sobriety tests are commonly used in all 50 states, they are not always accurate. Officers may mistakenly arrest drivers for driving under the influence of alcohol or drugs when the driver is not actually intoxicated.

The horizontal gaze nystagmus (HGN) test

When an officer asks a driver to complete the horizontal gaze nystagmus test, the officer is studying the driver’s eyes. When someone looks to the side at a high angle, the eyes will exhibit an involuntary jerking movement. However, when someone has consumed alcohol, this reaction may be detected when the driver looks to the side at a lower angle. In addition, after drinking, a driver’s gaze will not follow an object smoothly. Instead, the jerking movement will be apparent. When administering this test, the officer will have the driver follow an object, such as a flashlight, using only his eyes (not moving the head from one side to another).

However, there are other conditions that may cause a driver’s eyes to move involuntarily. For example, certain seizure medications may cause the jerking reflex. Some congenital conditions also cause an individual’s eyes to move involuntarily.

The walk-and-turn test

The officer will ask the driver to take nine steps in a heel-to-toe fashion. After counting the nine steps out loud, the driver must turn on one foot and return to the starting point in the same manner. The officer will watch the driver closely to see how well he can balance while walking. If the driver takes the wrong number of steps, turns incorrectly, takes the steps incorrectly, or uses his arms to balance, the officer may note these factors as signs of impairment.

There are several reasons why a person may fail the walk-and-turn test. The type of shoes drivers are wearing may impact their ability to walk in a heel-to-toe manner. Physical conditions, such as obesity, middle ear issues, or back and leg problems may also limit how well the driver can take the test. Further, the test must be given on a level surface.

The one-leg stand test

With the one-leg stand test, the driver is told to stand with one foot roughly six inches above the ground. The driver must then count upwards starting with one thousand. The driver must hold the foot above the ground while counting for thirty seconds. Again, the officer will watch the driver closely to see if the driver has any trouble balancing. The officer will also note if the driver counts incorrectly.

As with the walk-and-turn test, there are physical conditions that may impede a driver’s ability to complete the test correctly. Leg conditions, back conditions, knee conditions, and hip conditions are just a few. The elderly and those who are overweight will also have trouble.

What happens if you failed a field sobriety test?

If you failed a field sobriety test, you may be able to argue that the test was administered improperly. If the officer did not give you proper instructions, or if other conditions hindered your ability to complete the test, you may have a strong argument in court.

Contact our attorneys to build a strong defense in your DUI case

The DUI attorneys at the De Bruin Law Firm are experienced and aggressive. Our attorneys fight to protect our clients’ legal rights. To schedule a free case review, call (864) 372-2896.

How Much Does A DUI Attorney Cost?

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“Because Your Future Deserves a Defense”

An arrest for a DUI is an expensive ordeal. There’s bail to get out of jail, the SR-22 insurance that must be filed for three years, and the cost of taking a South Carolina Alcohol and Drug Safety Action Program. There may be other costs that cannot be quantified, like a loss of employment or damage to your reputation. Many individuals arrested for driving under the influence also worry about the expense of a defense attorney.

In fact, the majority of Americans—a reported 63 percent—do not have the funds available to cover a $500 emergency. Taking your dog to the emergency vet for swallowing part of his favorite toy, replacing the brakes on your car, and repairing or replacing a broken refrigerator are all examples of $500 emergency expenses. Those without the resources necessary to cover such an expense reported they would have to cut back on other expenses, borrow money from friends or family, or even charge the amount to a credit card to make it through. An arrest for a DUI may set someone back several thousand dollars at minimum.

An attorney’s job is to protect a defendant’s legal rights. Even if a defendant was drinking and driving, a defense attorney may be able to negotiate a deal and have the charges reduced. A good defense attorney will also be able to pinpoint if any errors were made during the arrest. For example, was the field sobriety test incorrectly administered? Were there problems with the Breathalyzer test? Did the officer have probable cause to stop the driver? These are issues that a criminal defense attorney will address. A criminal defense attorney is well worth the money when someone is facing jail time and other penalties.

Cost of a DUI Defense Attorney

The cost of hiring a DUI defense attorney will vary depending on the facts of the incident. For example, if the case needs to go to trial, legal representation will likely be more expensive. Many are unaware that most attorneys will accept payment plans to provide more affordable options to their clients. These attorneys will allow their clients to pay their fees in installments. These payment plans may be weekly, biweekly, monthly, or any arrangement that the client and the attorney agree upon. Many DUI defense attorneys understand that some clients simply do not have the cash on hand to pay a retainer of a few thousand dollars. To help these clients obtain the representation they deserve, they will allow them to pay their fees in installments.

DUI defense attorneys put in many hours to obtain excellent results for their clients. The clients do not see all of the “behind the scenes” work that goes on in a claim. For example, the attorney will contact members of law enforcement, prosecutors, witnesses, and other individuals to gain an understanding of what happened in the case. The attorney will review video footage, Breathalyzer test results, blood test results, eyewitness statements, and other evidence in the case. If the case goes to trial, the attorney will spend several hours preparing questions for witnesses and coordinating the introduction of evidence. If the case pleads, the attorney will still prepare statements for a court to obtain a favorable result for the client.

Do you need legal representation for a DUI? 

If you have been arrested for DUI, you need to be sure your legal rights are protected. At the De Bruin Law Firm, our DUI defense attorneys have secured favorable results for clients in a range of cases. To schedule your free case evaluation, call 864-372-2896 or visit GreenvilleDefense.com.

The Breathalyzer Test in South Carolina

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 In South Carolina, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08 percent or higher. If you are stopped for suspected drunk driving, the police officer may use a Breathalyzer to test how much alcohol is in your system. The police officer will ask you to blow into the Breathalyzer for a few seconds. The Breathalyzer will then provide a reading of your blood alcohol content.

When a person drinks alcohol, ethanol enters the bloodstream. The more alcohol that is consumed, the higher the concentration of ethanol will be. With each breath, a small amount of alcohol vaporizes and enters the lungs. Of course, once in the lungs, it is released as the person breathes. The Breathalyzer measures the amount of alcohol in one’s breath, which is typically a reliable indicator of the amount of alcohol in one’s bloodstream.

The Breathalyzer test is not mandatory

You have the right to refuse the Breathalyzer test. In fact, police officers are obligated to tell drivers that they have a choice in whether or not they will take the test. However, deciding to refuse the Breathalyzer test is not without consequence. According to South Carolina law, a refusal results in an automatic six-month suspension of one’s driver’s license. The officer will take your license and you must complete an Alcohol and Drug Safety Action Program before you may drive again. You also have the right to appeal the suspension of your license. A second offense results in a nine-month suspension, and a third offense results in a one-year suspension.

How Reliable is the Breathalyzer Test?

Breathalyzers rely on technology, and, of course, technology can fail under certain conditions. In some cases, drivers have registered a false positive on the Breathalyzer test simply because they had recently used mouthwash. Many mouthwashes contain alcohol, which may remain in a driver’s mouth for a while. For example, Listerine is 54 proof, as it is 26.9 percent alcohol by volume! Cough syrup and cold medicines have had the same effect. South Carolina police officers should allow a driver to wait 20 minutes before taking the Breathalyzer test. This allows any residual alcohol on the driver’s breath to evaporate.

Interestingly, some diabetic drivers have registered high alcohol concentrations on Breathalyzer tests, even when they have not been drinking. Diabetes causes individuals to produce higher levels of acetone, which may register as alcohol on the Breathalyzer test.

Additionally, if a Breathalyzer is not calibrated properly, it may produce inaccurate readings. Human error may also be a factor in inaccurate Breathalyzer readings if the police officer does not administer the test correctly. A police officer should have a driver blow into the Breathalyzer several times to ensure the reading is accurate.

Breathalyzer tests are used in conjunction with field sobriety tests so that officers may gain a better idea of a driver’s level of intoxication. An officer may have a driver attempt to walk a straight line, hold one leg up, or follow an object with his eyes to determine whether that driver was drinking and driving. The field sobriety tests, along with the administration of the Breathalyzer test, should be performed on video in case they need to be reviewed later.

Have you been arrested for driving under the influence?

If you have been arrested for driving under the influence, you need the experienced DUI defense attorneys at the De Bruin Law Firm. We understand that breathalyzers are highly complex instruments and do not always provide accurate results. To schedule a free case evaluation, call (864) 372-2896 or visit GreenvilleDefense.com.

What To Do When An Order Of Protection Is Filed Against You

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“Because Your Future Deserves a Defense”

If you have recently found out that an order of protection has been filed against you, you probably have many questions about how to proceed. If a temporary order of protection from domestic violence has been filed against you, the petitioner is claiming that you have committed abuse against them. This is a serious charge that can have permanent consequences to your life; therefore, it is essential that you hire a domestic violence attorney to help you understand the charges. In this blog, we will go over some of the information you are probably looking for when an order of protection has been filed against you.

Order Of Protection Versus Restraining Order

In South Carolina, there are two types of restraining orders: orders of protection and restraining orders. An order of protection is essentially a restraining order that is specifically against a member of the same household or family member. According to the state of South Carolina, you can file an order of protection against a spouse, former spouse, someone with whom you share a child, a partner you live with, or a partner with whom you used to live. In contrast, a restraining order is filed against someone who does not live in and never has lived in the same household; for example, in cases of stalking or harassment. An order of protection is specifically used for cases of alleged domestic violence and abuse, which is defined as physical harm, bodily harm, threat of assault, and sexual offenses.

What Is An Order Of Protection?

An order of protection may be temporary or final. A temporary order of protection must be filed before a final order of protection. A temporary order of protection generally lasts for roughly two weeks before a court date during which the court will determine whether or not a final order of protection should be put in place. The exact provisions of the order of protection will vary, but could include:

  • No Contact Provision: One cannot contact the petitioner in any way.
  • Peaceful Contract Provision: One can contact the petitioner peacefully for specific reasons, such as to transfer the care of their child.
  • Stay Away Provision: One cannot get within a certain number of feet or yards of the petitioner or the petitioner’s home, school, job, or car.
  • Move Out Provision: One must move out of one’s home shared with the petitioner.
  • Firearms Provision: One must surrender any firearms and cannot purchase any new firearms.
  • Counseling Provision: One must attend counseling such as anger management or abuser intervention.

What To Do

If you have had an order of protection filed against you, you may feel confused, angry, anxious, or frustrated. While you may be tempted to reach out to your partner to ask them why they would file this against you, it is essential that you have no contact with them. If you do contact them, you could go to jail for a year or face $1,500 in fines. This includes using a third party to contact them, and any form of communication, including texting, emailing, calling, snail mail, etc. Instead, read the order of protection carefully so you understand exactly what you can and cannot do. An order of protection may restrict where you can go and may include one or more of the provisions listed above, so understanding exactly what it says is crucial. It is best to call a domestic violence attorney to defend you at this time; don’t wait.

While you are not required to hire a lawyer to respond to an order of protection, it is in your best interest to do so. A knowledgeable attorney can help you put yourself at the best advantage to protect your rights. To defend you against these charges, a written response to the allegations must be filed. Because the court has so many cases, you will only have a few minutes in the courtroom to defend yourself, and the court has often already made up their minds by the time your case is called. However, the judge will have reviewed your file beforehand; therefore, your best chance for defending yourself against the petitioner’s claims is by writing a response for the judge to review beforehand. As experienced domestic violence attorneys, we can help you review all of the most pertinent information to ensure you are in the best position before your court date.

Hiring An Attorney

When dealing with issues of this nature, it is essential to hire a competent domestic violence attorney for your defense. Representing yourself in court or hiring a lawyer who is not familiar with the complex domestic violence laws in South Carolina may end disastrously. Protect your future by hiring an experienced domestic violence attorney. The De Bruin Law Firm has extensive experience defending those accused of domestic violence. Contact us today to learn more about our legal guidance and services.

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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