DUI Defense Attorney Archives - De Bruin Law Firm

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Navigating the Complexities Of Getting a DUI Charge

May 25, 2021/in DUI Defense, Resources

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

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

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

Getting Pulled Over

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

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

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

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

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

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

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

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

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

Getting Charged

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

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

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

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

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

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

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

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

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

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

The Next Steps

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

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

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

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

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

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

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

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

Beat a DUI Charge

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

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

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

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

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

July 2, 2019/in Criminal Law, DUI Defense, Resources

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

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

SC DUI Laws

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

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

Arrested and Booked

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

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

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

Underage Penalties

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

What Happens After I’m Charged?

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

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

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

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

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

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

How a First Offense DUI Looks like

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

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

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

Treatments After Convictions

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

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

Terms of Probation

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

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

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

Consequences of a DUI

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

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

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

Know Your Rights When Stopped By Law Enforcement

March 16, 2016/in Criminal Law, DUI Defense

Being stopped by law enforcement can be a frightening experience, especially given the recent media coverage of incidents of police brutality. There are many reasons why an officer might stop you: they may wish to question you, they may suspect you have committed or witnessed a crime, they may suspect you are possession of illegal substances. In any situation, it is important to remain calm and respectful.

If You Are Stopped For Questioning

As outlined by the ACLU, you are not legally obligated to answer any questions. Even if you witness a crime, you are generally not obligated to report it. The notable exception in South Carolina is if you were to witness a crime against a child while acting in a professional capacity. In most cases it is best to be cooperative with police, but always keep your own best interest in mind. If the police believe you have committed a crime, you can be arrested and taken to jail. Even if the charges are eventually dropped, it can be a damaging experience.

Do:

Ask if you are free to leave;
Calmly walk away; and
Be polite and respectful.

Do Not:

Attempt to flee;
Confront the officer; or
Provide false information.

If you are stopped and questioned, you have the right to remain silent. If you are stopped, law enforcement may ask to search you. You have the right to refuse to be searched. Simply state “I do not consent to a search.” The officer may proceed with the search if they have reasonable cause they will find evidence of a crime. If the officer believes he finds evidence of a crime, you may be arrested according the South Carolina Code of Laws SECTION 17-13-30:

The sheriffs and deputy sheriffs of this state may arrest without warrant any and all persons who, within their view, violate any of the criminal laws of this state if such arrest be made at the time of such violation of law or immediately thereafter.

Contact An Attorney If You Are Arrested

You have a right to know why you are being arrested. You have the right to ask what you are being charged with and the officer is required to answer. Do not resist arrest, doing so will only make the situation worse and you may face additional criminal penalties. It may be difficult, but try to record as many details of the arrest as possible. You can ask for the officer’s badge and patrol car number. If you feel your rights were violated, you can file a complaint. If you are arrested, you have the right to an attorney and should contact one as soon as possible. While you are speaking with your attorney, you have the right to confidentiality. Police officers are not allowed to listen in on your call if you so request.

You will need knowledgeable and competent legal guidance to help with your arrest and any charges you may face. Aaron De Bruin is a Greenville defense attorney dedicated to helping clients who are facing difficult legal challenges. Call us today, or schedule a consultation with our attorneys now if you are facing criminal charges or have been arrested.