Is it ever advisable to plead guilty to a DUI charge?
There are several reasons why it is not advisable to plead guilty to a DUI charge. First of all, pleading guilty to a DUI charge is expensive. You are paying not only the fines, but you are also paying the court costs. The stigma of a DUI stays with you forever because it will be on your record forever. This can translate to lost wages with all the jobs that you might have been able to get had this not been on your record. Finally, you have a criminal history for the rest of your life. A good attorney can mitigate those damages, and make this as least painful as possible.
Is the driver’s license immediately confiscated upon a DUI arrest?
No, the driver’s license is usually not immediately confiscated upon arrest. If you have complied with the field sobriety tests and blown under a certain amount, your license is not suspended. Your license is only suspended upon conviction. If you have not complied with the standard field sobriety tests, then you’ve given up the privilege of driving. They’ll suspend your license at that point, because South Carolina is an implied consent state. This means that you are giving consent to do these field sobriety tests that the officer asks you. If you don’t, then your license is suspended. If your blood alcohol level is higher than a certain level, then they’ll suspend your license on that as well.
If you do refuse to do the field sobriety tests, you can request to a hearing from the DMV. It’s an administrative hearing, and I always recommend that people who refuse the test request this hearing as soon as possible. Once you request the hearing, then you can get a provisional license until the date of the hearing. If they deem at the hearing that you have no reason to refuse the test, then they can suspend it through the duration of the case or for 6 months.
Are any hardship or work licenses available in South Carolina?
Yes, there are hardship or work licenses available. Especially after a conviction, you can get a provisional license that allows you to drive everywhere. You have to follow some steps, you have to complete a SR-22, but there are ways to get a license after a conviction.
When does a blood come into plan in a DUI case?
Blood tests usually come into play when a car accident causes you to be in the hospital, so they can’t bring you to the police station to do the breathalyzer. The police will ask for a blood sample, and you will either consent or deny that request by the police officer. Sometimes, when you are unconscious, the police officer will get a warrant if they suspect there’s a DUI. If they have enough probable cause to do so, they can get a warrant for the blood test. This is usually more common if a police officer suspects that you’re under the influence of drugs. They can also ask for a urine test as well, because they’ll be able to determine the level of narcotics in your system through a urine test.
When is the ignition interlock device required in South Carolina for a DUI?
If you blow over a certain limit or amount, you would be required to have the Ignition Interlock device installed in your car before you can get the privilege of driving. The interlock device is a device where before you can start your car, you can blow into it. It determines whether or not you’ve been drinking and if you have not, the car will start.
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