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

November 26, 2017/in DUI Defense

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

November 23, 2017/in Criminal Law, DUI Defense

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
1^st Offense (BAC >.15%)
- $1000 fine or 30-90 days jail
- DL Suspension Indefinite*

2^nd Offense (BAC<.10%)
- $2100-5100 Fine AND 5 days-1 year jail
- DL Suspension Indefinite*
2^nd Offense (BAC .10-.14%)
- $2500-5500 Fine AND 30 days-2 years jail
- DL Suspension Indefinite*
2^rd Offense (BAC >.15%)
- $3500-6500 Fine AND 90 days-3 years jail
- DL Suspension Indefinite*
3^rd Offense (BAC <.10%)
- $3800-6300 Fine AND 60 days-3 years jail
- DL Suspension Indefinite*
3^rd 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*

4^th or More (BAC <.10%)
- 1-5 years incarceration
- DL Suspension Indefinite*
4^th or More (BAC .10-.15%)
- 2-6 years incarceration
- DL Suspension Indefinite*
4^th 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 1^st 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:

1^st 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.

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

July 27, 2017/in Criminal Law, DUI Defense

“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.