5 Actions To Avoid When Facing A DUI Charge

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If you have recently been arrested for drunk driving, there are certain behaviors that you should avoid because they may have an negative impact on your case. If you behave in such a way to put into question your credibility or reliability, it may cause complications with your case.

1. Talk About Your Case On Social Media

These days, it is common for people to use social media as a way to keep their friends and family up to date on their lives. You may be accustomed to posting about everything that happens to you on social media. However, nothing will sabotage your case faster than talking about how you are going to get out of a DUI charge on social media. Even if you believe that your account is protected by privacy settings, there is a strong chance that the prosecution can and will see your profiles. It is better to be safe than sorry; therefore, you should avoid talking about your DUI case online.

2. Do Not Party

Before your DUI hearing, you should do everything in your power to fly under the radar. Therefore, you should avoid being publicly intoxicated, or participating in any activities that may negatively draw attention to yourself. You should be especially cautious if you live in a small town, where you could easily be recognized by someone. Even if you live in a larger city in South Carolina, you could easily and inadvertently be in a picture posted on social media, leading to the same problem listed above. Refrain from publicly drinking and partying while facing DUI charges.

3. Drive With A Suspended License

In South Carolina, your license automatically faces six months of suspension when you are arrested for a DUI. While getting around without a car in the Palmetto State can be difficult, it is not worth the risk to drive while your license is suspended. If you do, you could potentially face thousands of dollars of fines, as well as longer jail time and term of suspension. Play it safe and find other means of getting around.

4. Missing Your Court Date

Failing to show up for your court date could be a big disaster for your case. Failing to show up at your court date will result in a warrant for your arrest, and you may face jail time while awaiting your rescheduled trial. This also will taint your image in the eyes of the court by casting doubt on your ability to be reliable, your cooperativeness, and your seriousness about the charges you face. Should you be arrested in the future, it may have an impact on how leniently you are treated because the court will not be sure if they can trust you to show up in court.

5. Not Hiring A DUI Attorney

While you technically can represent yourself in court, there are many legal elements to a DUI case that are difficult for people who aren’t lawyers to navigate. When you hire a DUI attorney to represent you in court, you know that you are doing everything you can to fight your case. When you’re looking for competent and experienced DUI attorneys in South Carolina, contact The De Bruin Law Firm. We have experience handling DUI cases, and will do everything in our power to defend your future and protect your rights. Call today!

How To Behave When You’re Pulled Over

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As  defense attorneys, we often have clients who were pulled over by an officer before they were arrested. Being pulled over is never a fun experience, but there are certain ways to behave that will ease your communication with police, keep you safe, and potentially prevent a ticket or arrest. Whenever you are pulled over, keep the perspective of the officer in mind. You may have done nothing wrong in your view, but remember that the police officer does not know who you are, or if they are approaching a dangerous person. However, if you do everything in your power to communicate that you are not a threat, your interaction with the police is likely to go a lot smoother. In this blog, we will go over some essential tips for communicating with a police officer when you have been pulled over in your car.

When The Officer Approaches…

…be aware of how your behavior is being watched. Put the car in park, roll down the window, turn off the car, and place your hands on the steering wheel so that they can be seen. Be mindful of how any quick movements may look suspicious and could be probable cause for searching your car if it looks like you are hiding something. Wait until the officer asks you for your license and registration to begin looking for them, because rifling through your glove compartment or pockets could look like you are withdrawing a weapon.

Be Cooperative

When you are pulled over, cooperate with any request from the police officer (as long as it is legal). An officer is not required by law to tell you why you are being pulled over initially. Additionally, the officer may ask for your name and address, and may request you either stay in or get out of your car. Remaining cooperative and polite throughout the interaction can only help.

Let Them Control The Conversation

It is important to not act in a way that will look suspicious to the officer, so don’t react defensively. Allow the officer to dictate the conversation. They will ask for your license and registration; if you need to reach into the glove compartment to retrieve either of these items, tell the officer first and wait for their permission. Additionally, resist the temptation to tell your side of the story. The officer may appear open to hearing your version of events, but anything you say could be incriminating and used against you in court. They may be trying to get you to confess to the crime, so don’t apologize for anything, as this is an admission of guilt.

Keep It Brief

When the officer asks you questions, do not lie, but keep it as brief as possible. When the officer asks if you know why you were pulled over, your answer should be, “No.” Keep your answers to their questions to “yes” or “no,” and don’t respond with anything substantive. Nodding and using non-committal phrases such as, “I see,” and “I understand” is the best approach. If you are concerned, you do not have to answer any questions at all. After all, if you remain silent, the officer cannot get an admission of guilt to be used in court.

Refuse A Search

If the officer asks to search your car, you should refuse. When you consent to a search, it makes it substantially more difficult to challenge any evidence they find. Also, if the officer has grounds to search your car, it will happen whether you consent or not. Generally, officers will ask for consent because they do not have legal grounds to search. The officer may pat you down for weapons should they believe you are dangerous, and may look further if they feel anything that seems to be a weapon.

Drinking And Driving

Drinking and driving is never smart, but there are ways to behave during a traffic stop that can make it worse. If you have been drinking, even if you believe you are under the legal limit, do not admit this to the officer; silence will serve you better. In South Carolina, you can refuse a field sobriety test without penalty, but it may cast suspicion on you. Additionally, if the officer asks to breathalyze or perform another chemical test on you, refusing has consequences; in the Palmetto State, your license will automatically be suspended for six months due to the Implied Consent law, which states that when you receive a driver’s license, you automatically consent to these chemical tests.

With all this in mind, a traffic stop may still not go in your favor. If you are arrested, you need legal representation for the best possible outcome in court. At The De Bruin Law Firm, we are experienced defense attorneys who may be able to help. Contact us today to learn more!

Once I have evaluated your case I will provide you an overview of your case. This will describe among other things the criminal law process, how we will work together to navigate the criminal justice system, and what expectation I have for you as a client and what expectations you should have for me as your defense attorney.

Removing Crimes From Your Record

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It is common to have regrets from the past that you wish you could take back. This is especially common when it comes to being convicted of a crime. In these cases, you may be very eager to find a way to remove it from your criminal record. In South Carolina, there are specific scenarios in which you can remove crimes from your record, whether through an expungement or a pardon. Read on for the difference between these two options.

Expunging Your Record

When you wish to expunge your record, it is generally done through the local Solicitor’s Office. You submit an application, wait, and eventually receive a decision in the mail. A judge assesses the merit of your request, and if your expungement is approved, the judge will grant it by signing an order. This results in the charge being removed from your criminal history. Expungements are only permitted under specific circumstances and convictions. DUI convictions are never eligible for expungement. Some situations that may make you eligible for expungement include:

  • You have successfully completed a pretrial intervention program,
  • You were convicted of one of several specific offenses in the municipal court,
  • Your conviction is of a first offense fraudulent check,
  • You were granted a conditional discharge from a substance violation,
  • You were sentenced under the South Carolina Youthful Offender Act (depending on the offense), or
  • You have been charged with one of several specific offenses involving points violations of hunting/fishing privileges.

Clearly, this is not a comprehensive list. Understanding the specifics of expunging your record requires the consultation of a criminal defense attorney.

Pardons

In contrast, pardons go through the South Carolina Department of Probation, Pardon, and Parole. In this case, not only do you fill out an extensive application, you must also present your case at a hearing before a committee. Pardons are difficult to obtain and generally require a criminal defense attorney to represent you. The goal of a pardon is to restore a civil right that has been taken away because of a serious conviction, such as the right to bear arms or the right to run for public office. If you are pardoned, the crime is not removed from your record; instead, the pardon is added to your criminal history.

If you are interested in exploring your options for expungement or pardons, contact The De Bruin Law Firm for a criminal defense attorney in South Carolina. We can help you determine whether or not you are eligible and if it is worth it to pursue a case. Contact us today!

Will Your DUI Attorney Save You Money?

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“Because Your Future Deserves a Defense”

When you are facing DUI charges, you will have many concerns. One of your major concerns will likely be what the financial costs of this charge will be. In South Carolina, for your first DUI offense, you face a 400 dollar fine. For your second offense, you may need to pay up to 5,100 dollars, and for your third offense, you could pay as much as 6,300 dollars. Beyond the fines, you may also face loss of income due to jail time, and in some cases, you may also have to pay for an ignition interlock, classes, therapy, and higher insurance premiums. All and all, a DUI can cost you thousands of dollars. Therefore, you may be tempted to skip hiring a DUI attorney to avoid legal fees. While a DUI lawyer may not be necessary for every case, there are many times when the expense of legal representation will pay off, reducing the overall cost of your DUI case. Here are considerations to make when considering whether a DUI attorney is worth the money.

Severity Of The Case

As stated above, at your first DUI offense, the fine is 400 dollars. When comparing this to legal fees, you may think it better to simply pay up and be done with it. However, the more offenses you commit, the higher the fine will be, as well as the additional costs. When considering the financial aspect of hiring a DUI lawyer, the more serious the case is, the more important it is that you have a DUI defense attorney represent you. A skilled attorney is a deeper understanding of your case than you do, and may be able to find ways to save you money from the high cost of a DUI conviction.

Employment

Another consideration to make is how your employment may be affected by your DUI charge. If you face jail time for your DUI, you could lose time at work, which could be extremely costly to you. Even if you can afford the time off, if your employer finds out the reason for your absence, it could put your job in jeopardy. If you do lose your job, it may be more difficult for you to find a new position with a DUI conviction. When you hire an experienced DUI attorney, however, they may be able to help you reduce or avoid jail time by negotiating a plea deal. When comparing the legal fees with the loss of your income, it could certainly pay off to hire an attorney to represent you.

Insurance Costs

One area that people often don’t consider when facing a DUI is the cost of insurance. After a DUI conviction, your premium is likely to see a dramatic increase, or you could even lose your insurance entirely. Car insurance is required in South Carolina, and without it, you cannot drive, which may lead to further issues with your employment if you can’t get to work or if your job requires you to drive. With an attorney representing you, they may be able to help you negotiate a plea deal that reduces charges and therefore does not result in a loss of insurance.

If you are facing DUI charges, hiring an attorney to represent your case could save you money in several different ways. Even if you were driving under the influence, there are situations in which you could have the charges dropped completely, such as if evidence was illegally obtained, or if the police officer who arrested you did not follow proper procedure. A skilled DUI defense attorney can help you by assessing your case and helping you to defend your future in the best way possible. When you need a DUI attorney in South Carolina, contact The De Bruin Law Firm.

Duties Of A Defense Attorney

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“Because Your Future Deserves a Defense”

If you have been charged with a crime, you likely have many questions you want answered, some of which may be about the role of your defense attorney. A criminal defense attorney has many duties once they have been appointed to defend their client in court. In this blog, we will give a brief overview of these duties so you know what to expect from your criminal defense attorney.

Zealous Representation

The first requirement of your criminal defense attorney is to zealously defend you in court. “Zealous representation” means that your defense attorney is fully engaged in representing you. They must have active involvement in every process related to your defense, both before and during the trial. Your attorney must respond to any inquires made of them, and they must promptly attend any criminal proceedings and represent you there.

Advocacy

Next, your attorney must advocate on your behalf. This means that your defense attorney must represent you to the very best of their abilities and raise any potential viable defense in court. However, they are not required to raise any frivolous or unfounded defenses on your behalf.

Effective And Adequate Representation

Lastly, your criminal defense attorney must effectively and adequately represent you. Effective representation means that your defense attorney has followed all of the necessary procedures conscientiously, and has represented you in all of the proceedings, both pretrial and during the trial. Additionally, it means that your attorney properly advised you about the charges against you, and informed you of your rights.

If Your Counsel Isn’t Effective

Under the Sixth Amendment of the Constitution, you are entitled to a fair trial, which includes effective assistance of counsel. In the event that you don’t believe you have received effective or adequate representation, you may appeal your conviction on these grounds. In order to successfully do this, you must demonstrate that your attorney’s conduct was detrimental to the proceedings of your trial, so much so that the results of the trial are unreliable. This does not mean that your defense attorney cannot have made any errors. Rather, you are protected from your defense attorney’s performance if it directly undermined the adversarial process of the trial. If proven correct, you may be entitled to a retrial.

If you need a criminal defense attorney in South Carolina, contact The De Bruin Law Firm. We provide our clients with effective legal counsel for a variety of charges. Call us today for more details.

What You Need To Know About Suspended Licenses In South Carolina

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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)

If you are convicted of driving under the influence (DUI), your license will be suspended. In the event that your license is suspended, it is pertinent to follow the law and refrain from driving. Should you drive with a suspended license and get caught, there will be consequences. It’s crucial that you inform yourself about all the laws pertaining to suspended licenses in South Carolina as to avoid additional fees and jail time. Read on for important information about suspended licenses.

Consequences Of Driving With A Suspended License

If you drive with a suspended license, you will be criminally charged. For DUI-related suspensions, the first offense carries a fine or ten to 30 days of jail time. The second offense carries a fine or 60 to 180 days of imprisonment, and the third offense comes with a fine and imprisonment from six months to three years. Additionally, the suspension of your license will be extended by double. For example, if your license has been suspended for six months, your license will be suspended for an additional six months. If the original suspension was for an open-ended time period, another 90 days will be added.

Driving After Suspension

Once your suspension is lifted, you cannot immediately begin driving again. You must go to the DMV and have your license reinstated. This process may be as simple as paying a reinstatement fee, but it could be more extensive. You may need to enroll in ADSAP, purchase SR-22 insurance, or pay off old traffic tickets. Check with the DMV to determine what conditions you must meet to reinstate your license, whether online, over the phone, or in person.

License Revocation

If you have had your license revoked after DUI charges, you may be able to get it back, but that is dependent on the circumstances of your particular case. You may need to go to court to argue your case. Even if your license has been permanently revoked, it’s possible that you may be able to get it back after seven years. To determine whether or not it is possible for you to get your license reinstated after it has been revoked, contact The De Bruin Law Firm for legal guidance.

Habitual Traffic Offenders

You are considered a habitual offender if you have committed 10 minor offenses or three major offenses within three years. Minor traffic offenses are defined as offenses that carry four or more points against your license, and major traffic offenses include voluntary or involuntary manslaughter, DUI, DUAC, reckless driving, driving with a suspended license, any felonies that involve a motor vehicle, or leaving the scene of an accident.

Being labelled a habitual offender can result in you losing your license for five years. However, after two years, it is possible to petition to get it back. If you’re convicted of driving as a habitual offender, it is a felony, and could result in five years of prison time.

Your Driving Options When Your License Is Suspended/Revoked

When your license is suspended, you may still be able to drive. There are a few options that allow for some people with suspended licenses to drive under certain restrictions.

  • Provisional license. You may be eligible for a provisional license.
  • Ignition interlock device. You may be able to reduce your sentence by agreeing to installing an ignition interlock device in your vehicle, which requires you to blow into a breathalyzer in order to start your car.
  • Route restricted license. Route restricted licenses can be granted to some offenders, which allow you to go to certain places at certain times. This is generally to allow you to travel to school or work.

Field Sobriety Tests In South Carolina

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“Because Your Future Deserves a Defense”

As DUI attorneys in South Carolina, we are aware that you may not be intimately familiar with a field sobriety test because most people aren’t until it’s too late. In this blog, we will go over the most pertinent information to know about field sobriety tests in South Carolina so you can be fully informed about this process.

If you have been pulled over under suspicion of driving under the influence, a police officer may request field sobriety tests to determine your level of intoxication. You have a right to refuse to participate in field sobriety tests. Unlike refusing to take a breathalyzer, field sobriety tests do not fall under the implied consent laws in South Carolina, which dictate that if you receive a driver’s license in our state, you consent to future blood, urine, or breath alcohol tests. Therefore, you don’t face the same penalties for refusing field sobriety tests as you do when refusing breathalyzer tests, which include losing your driver’s license for six months. However, an officer may arrest you under suspicion of DUI because you refused sobriety testing, so keep this in mind if you find yourself in this situation.

What Happens During Field Sobriety Tests?

First, keep in mind that your field sobriety tests must be videotaped to act as a witness for both the motorist and the police officer. In the state of South Carolina, police officers use the standard battery of field sobriety tests as outlined by the National Highway Traffic Safety Administration (NHTSA). One of these tests alone isn’t sufficient to determine sobriety or intoxication. According to the NHTSA, a combination of the first three tests is a fairly reliable determination of sobriety, but a completely accurate series of tests has not yet been determined.

NHTSA-Standardized Tests

  • Horizontal Gaze Nystagmus (HGN): During the HGN test, the officer uses a pen or similar object and asks you to follow it with your eyes as they wave it back and forth over your face. This is supposed to test your physiological response time; when your eyes jerk or shake, it allegedly indicates intoxication.
  • Walk-and-Turn (WAT): For the WAT test, the officer will ask you to walk heel to toe with your hands at your side for 12 steps, then turn around and walk back. This is a challenge even for sober people, and can be more challenging in different contexts, such as during bad weather, on a sloped road, or while wearing high heels.
  • One-Leg Stand (OLS): The officer will also ask you to stand with your feet together, then raise one foot and count to 30 to judge if your balance is impaired.

Non-Standardized Tests

The officer may also choose to perform one of these non-standardized tests in addition to the tests listed above. Non-standardized sobriety tests should not be used to analyze probable cause in a court of law, and may be challenged on these grounds.

  • ABC/number testing: In this test, the officer will ask you recite the alphabet or a series of numbers either forwards or backwards.
  • Finger-to-nose test: During this test, the officer will ask you to close your eyes and place your index finger on your nose.
  • Rhomberg balance test: For the Rhomberg balance test, the officer will ask you to close your eyes and tilt your head up and down for 30 seconds. This tests whether you can stay still and your sense of time.

If you have been arrested for driving under the influence, The De Bruin Law Firm may be able to help you. When you are looking for an experienced DUI attorney in South Carolina, contact us.

Possible Defenses To Domestic Violence Charges

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Facing charges for domestic violence can have a serious impact on your life. It can have detrimental effects on your relationships, your career, and your reputation. If you have been charged with domestic violence, there are several potential defenses that your domestic violence attorney at De Bruin Law Firm could use during your trial.

Wrong Suspect

A defendant may claim that they were not the perpetrator of the abuse; someone else was. To establish innocence, there are a variety of potential options. For example, the defense attorney may present evidence that the defendant was not near the scene of the crime, or that the defendant has an alibi.

Deliberately False Allegations

Sometimes, individuals will make false allegations of domestic violence to spite their partners. This is most common in divorce or child custody cases. If this is your situation, your domestic violence attorney will look for inconsistencies in the accuser’s story, usually by looking at police records and the accounts of eyewitnesses.

Self-Defense

Another possible defense of domestic violence would be a claim of self-defense, or protection of children. This could work if the defendant was facing imminent danger, responded proportionally to this threat, and did not instigate the incident.

Insufficient Evidence

Most commonly, a defendant will argument that there is not sufficient proof of the accusation. You cannot be convicted of domestic violence without sufficient evidence of abuse.

If you are facing domestic violence charges, contact De Bruin Law Firm. We can do our best to protect your rights and defend your future. Call today.

Do You Need A DUI Attorney?

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If you have been arrested for a DUI in Greenville, SC, you likely have many questions and concerns going forward. One of them may be whether or not you need to hire a DUI lawyer. In general, when you are faced with a DUI charge, you will want to hire a lawyer. When this is the case, contact De Bruin Law Firm for effective legal counsel. We will do everything in our power to protect your rights and ensure that you fully understand the process. However, there are some cases in which hiring a DUI attorney isn’t strictly necessary. Here are some questions to ask yourself to determine whether or not you need to hire a DUI lawyer.

Is This Your First Offense?

If this is your first offense,  one option sometimes available is agreeing to a lesser charge rather than driving under the influence. An experienced attorney will be able to determine whether the facts in your case make that situation possible. However, if this is not your first DUI, a Greenville DUI attorney is essential. With multiple DUI charges and no lawyer, there will be a greater variation in possible outcomes of your case, and you will likely face more severe sentencing. The guidance of an attorney will be necessary to protect your future.

Do You Plan To Plead Guilty?

Before pleading guilty, it is important to educate yourself on South Carolina’s DUI laws. This is when a DUI attorney can be an invaluable resource. Even if you believe that pleading guilty is the best course of action, a DUI lawyer can provide advice that may help you lessen the severity of your sentence. You should also keep in mind that you may be able to get a plea bargain if your conviction is less certain. For example, if your BAC was between .08 and .11, there could be some debate over whether the reading was entirely accurate, and that uncertainty may enable your DUI attorney to get a better plea bargain. Unless your conviction is absolutely guaranteed, there are many potential benefits to hiring a lawyer.

What Sentence Will You Face?

Not only is it possible for a DUI attorney is negotiate a plea bargain for you, they may also be able to negotiate a sentence bargain. A plea bargain is when the charge is reduced; for example, instead of being charged with DUI, your lawyer may be able to reduce the charge to reckless driving through a plea bargain. A sentence bargain is reducing the sentence. This can be especially helpful if you are facing incarceration for your DUI, because if you are considering pleading guilty, you likely want to know what the sentence will be before you do. An attorney can negotiate this for you so you can make a more informed decision for your future.
If you are looking for a DUI attorney in South Carolina, De Bruin Law Firm can help. Contact us today to learn more about our DUI defense services.

The Embarrassing Results Of A DUI Conviction

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In a previous post, we’ve discussed what the penalties for driving under the influence look like in South Carolina. With multiple offenses you can face up to seven year of jail time, $10,000 in fines, a revoked license, or have an ignition interlock device installed in your vehicle. Having to face jail time and heavy fines are just a part of the struggle for those who’ve been convicted for driving under the influence. Death is a very real possibility. Of all the traffic related deaths in the United States, nearly one-third of them involved alcohol impaired driving according to the Center for Disease Control (CDC).

Along with campaigns to stop impaired driving, many other deterrents are used to help reduce impaired driving fatalities. If you’re convicted of your second DUI in the Palmetto State, you are required to have an ignition interlock device installed on your car. This is a device that uses a breathalyzer test connected to the car’s ignition. It will only let you start the engine if your breath registers below a predetermined limit, usually a BAC of 0.02 or below. Not only is the installation of this device embarrassing, it’s a red flag to law enforcement. However, on the other hand, the CDC has found that “when installed, interlocks are associated with nearly a 70% reduction in re-arrest rates for impaired driving,” meaning reduced arrest rates.

All this can be avoided with the help of a good DUI lawyer’s help. Contact De Bruin Law Firm today to get a free consultation on your case where we can look over all the intricacies and fight to keep you from disastrous penalties that could ruin your life.

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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