Tag Archive for: DUI Defense

Does a DUI Show up on a Background Check in South Carolina?

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Each day in the United States, around 28 people die in drunk-driving crashes. These accidents are completely preventable which is why driving under the influence (DUI) is a serious offense.

Getting a DUI can impact your life in many ways. You may be wondering, ‘does a DUI show up on a background check?’ Read on to find the answer.

Does a DUI Show up on a Background Check?

Does a DUI show up on a background check in South Carolina? The short answer is yes. In fact, a first-offense DUI is classified as a misdemeanor in all 50 states.

Misdemeanors show up on criminal history screenings so a DUI would too. DUIs are serious crimes that can lead to jail time, license suspensions, or large fines.

It gets the misdemeanor status because it is more serious than other driving offenses. Because it is a driving offense, many assume it will only show up on a driving history check, but this is not the case.

If an employer pulls a standard background check, they will see your DUI charge even if they do not conduct a driving history check.

If you undergo a DUI arrest in South Carolina, your driver’s license will get suspended before your case goes to court. Your license will also get suspended if you refuse to undergo a breathalyzer test or have a high blood alcohol content.

Felony DUIs

Although most cases of a DUI are considered misdemeanors, these convictions can be charged in different ways depending on the situation. A first-time offender gets a DUI misdemeanor generally.

However, if the DUI leads to a serious injury or fatality, it is likely considered a felony even if it is a first-time offense. In this case, a prosecutor may add additional charges such as criminal negligence or manslaughter.

Other factors that may up the offense include the driver’s blood alcohol content and if there was a child in the car. If the license had been suspended, revoked, or restricted before the DUI, the severity of the situation may be impacted as well.

A felony charge is more likely after the third or fourth DUI offense especially if the offenses happened close together. In South Carolina, the second and third offenses are considered misdemeanors and the fourth is a felony.

The situations vary between each state, but the penalties in South Carolina increase with each offense.

DUI Charges and Your Career

Getting a DUI has many negative outcomes. Along with jail time, fines, increased insurance premiums, and the loss of your license, you will have trouble getting a job if you have a DUI.

In South Carolina, DUI and background checks are not a great combination. Once you get a DUI, you may have a permanent criminal record that can lead to few job opportunities.

If you have your license suspended, you may have no way to get to work. If your position involves having a license, you are likely to be fired.

You may get by without having a background check if you are currently employed, but if you want a different job in the future, having a DUI is going to make it harder.

Most jobs take a background check before offering you a position. Specialized employers in the medical, law and education field won’t accept anyone with a criminal record.

If you were planning on becoming a doctor, lawyer, or teacher, you will be less likely to after getting a DUI. Employers will pass on your application on that mark alone.

A DUI conviction leads to jail time in South Carolina. This means you’ll be missing work at your current job and potentially will lose it altogether.

Depending on the severity of the situation, you could have years of jail time. You’ll be dealing with one to five years of jail time with a fourth offense.

Future Employment

One DUI can have long-lasting consequences on your life and career. Even if you learned your lesson and made a one-time mistake, employers may not see it that way.

Employers may refuse to hire someone with a DUI conviction because they take it as evidence of safety risks. You won’t be trusted operating equipment or driving business vehicles.

If you harm someone while on the job, the business could face a lawsuit. Companies will see hiring someone with a DUI as a risk because they are a liability to others.

Insurance providers are also strong influencers on who a company should and should not hire. Insurance providers will increase employer premiums if they hire someone with DUI charges or convictions.

Education

If you planned to go to college, getting a DUI may stop you from going to your dream school. Colleges, specialized ones mainly, have strict policies regarding the students they admit.

If the degree you want to study required you to gain a law, nursing, or other types of license, you may not get in with a criminal record. Government agencies influence colleges when it comes to the admissions process.

The best tip we can provide is to check with a licensing agency before pursuing a certain career path. If you already are a licensed professional, the agency may require you to report your conviction or arrest.

Some agencies will let you keep your license. However, if you don’t report the conviction, they will suspend or revoke it.

Hiring a DUI Lawyer

So, does a DUI show up on a background check in South Carolina? Yes, and it can have long-term negative effects on your career and life overall.

Because the effect of a DUI conviction is so daunting, it is suggested to seek out a reputable DUI attorney. A DUI lawyer will guide you through the charges and legalities of your conviction.

At De Bruin Law Firm, we want to help those struggling with DUI defense. Contact us today to schedule a consultation for DUI advice and help.

How Long Does a DUI Stay on Your Record in South Carolina?

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Police charge more than 4 million Americans for DUIs each year. DUI charges are unfortunately common and have lasting life impacts.

But how long does a DUI stay on your record? What other information should you know before moving forward?

In this article, we’ll be discussing what a DUI means in South Carolina and how long it’ll remain on your record down the line.

What Defines a DUI in South Carolina?

South Carolina states that if you have a blood-alcohol level of 0.08 percent or higher, you are under the influence.

A DUI is also defined as being under the influence of any drug, alcohol, or other intoxicant. If your BAC is at least 0.05 but under 0.08 percent, it’s evidence that you’re under the influence.

Those charged with a DUI usually face a fine, driver’s license suspension, and community service. If you don’t have any prior convictions from the past 10 years, a DUI will count as a first offense.

DUI vs. DUAC

Those BAC levels are important to know when looking at penalties for driving while intoxicated in South Carolina.

If you’re at or below 0.08 percent, you’ll most likely get a DUI charge. This means the officer had enough reason to charge you with a DUI. Chances are, the officer saw you exhibiting signs of intoxication.

If your BAC is higher than 0.08 percent, that’s when you’ll face a DUAC charge, which stands for “Driving with an Unlawful Alcohol Concentration.” DUAC charges occur after proper alcohol testing.

If you’re tested within two hours of a police encounter, you can get a DUAC charge.

Penalties for DUI in South Carolina

So what happens when you’re charged with DUI? Here are some of the most common penalties:

Jail Time

If this is your first offense, a typical jail sentence lasts about 48 hours but can extend to 30 days. If your BAC was between 10% and 16%, the minimum sentence is extended to seven days.

Judges often allow an equal amount of community service instead of jail time.

Fines and Suspension

For first-time offenders, you’ll face a $400 minimum fine and a six-month license suspension. A second offense will land you a fine of $2,100 to $5,100, along with a year-long license suspension.

Third-time offenders get between $3,800 and $6,300 and a two-year license suspension. The length of the suspension depends on how much time has passed between your second and third offenses.

One to five-year prison sentences is usually carried out for fourth and fifth-time offenders.

How Long Does a DUI Stay on Your Record?

If you are convicted of a DUI in South Carolina, unfortunately, that will stay on your criminal record forever. It can, however, be removed from your driving record after 10 years.

What does that actually mean for your future? Let’s take a look at some of those factors here:

How Does This Affect Me in the Long Term?

If you have a DUI conviction on your record, getting auto insurance will become more difficult. If you have prior business with an insurance company, your premiums will go up.

All of this will last for at least 3 years and up to 5. Some insurance companies have “assigned risk” insurance for people that have DUIs on their records. You’ll get coverage but at a high premium.

DUIs also affect the outcome of your background checks. Employers, landlords, and security agencies might judge your character based on a DUI charge.

As such, DUIs can serve as unwanted baggage for many people. It affects their job prospects as well as their insurance coverage.

Can My DUI Transfer Across State Lines?

If you move to another state, your DUI charge will be transferred to the Department of Motor Vehicles in your new home state.

South Carolina is a member of the Interstate Driver’s License Compact. This means states agree to exchange drivers’ information when they’re convicted of a DUI.

Different states also have different penalties for DUIs as well. This means you might face different penalties with a South Carolina DUI in another state.

How to Avoid Getting a DUI

It’s safe to say that getting a DUI in South Carolina does you no favors even if you no longer live in the state.

The best way to avoid DUIs is to get a designated driver or call a cab after having a few drinks. In emergencies, however, remember that an arrest isn’t automatically a conviction.

In other words, you have other defenses at your disposal:

Unlawful Arrest

An officer needs a legal cause to pull you over for a traffic stop. If you can prove that an officer had no legal right to arrest or detain you, this can be cited as a violation of your rights.

Lower BAC

If your BAC is lower than 0.08, this can be evidence to challenge the charge. Furthermore, if you were showing no signs of intoxication, you can also use that to your defense.

Unrecorded Arrest

Officers in South Carolina must use a dashcam to record your DUI incident. If they fail to do so, it can weaken the prosecutor’s case.

How a DUI Lawyer Can Help

At the end of the day, you need a DUI lawyer to help make your case. To avoid a DUI conviction, a DUI attorney is the best person to contact.

They can record your evidence and help gather the right documents. They’ll make sure the officer followed the mandatory procedures and that all tests were administered correctly.

DUI lawyers help make your case that you shouldn’t be charged for a DUI.

Get the Best DUI Lawyer in South Carolina

DUIs impact your life even after a first offense. Having the right people on your side when a DUI charge is imminent is crucial for your future.

Use this guide to answer the question “how long does a DUI stay on your record” and find the right DUI lawyer in your area.

Looking for reliable attorneys in South Carolina? Contact us today and we can get you started on your case.

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

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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.

  1. You can choose to plead guilty in magistrate court and accept the penalties that come with the charge.
  2. Ask for a bench trial (you’d face a magistrate judge and the arresting officer would serve as a prosecutor).
  3. 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.

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.

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.

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.

When A Police Officer Searches Your Car

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As criminal defense attorneys in South Carolina, we often defend clients who were arrested after their cars were searched. When this happens, we must be diligent about ensuring that a client’s rights were not violated. Under the Fourth Amendment, American citizens are protected from illegal searches and seizures. Should a police officer obtain evidence against you illegally, we may be able to use it for your defense. If you have been charged with a crime because of evidence obtained from a search of your car, we will work with you to determine whether or not this search was legal by carefully reviewing what happened when you were pulled over.

Being Pulled Over By Police

An officer has the right to pull you over if they saw you violate or have reason to believe that you violated a traffic law. The most common reasons for pulling someone over include speeding, having a headlight out, or running a red light, but any traffic violation grants the police the right to pull you over. Additionally, if they suspect you are driving under the influence for any reason, or if they have information that implicates you in any sort of criminal activity, they can also pull you over.

Permission To Search

Should the police officer suspect you of anything, they may ask to search your vehicle. If you give them permission, they have the right to search your car. We advise that you refuse permission for any search. Should the officer find anything incriminating, challenging this evidence in court will be substantially more difficult. Usually, an officer will ask for permission only if they know they don’t have sufficient grounds to get a warrant, and if they do, they will get a warrant and be able to anyway.

Probable Cause

When it comes to car searches, probable cause makes these matters more complicated. For an officer to search the car legally without permission, probable cause must be established. Probable cause means that the officer observed something that strongly suggested something illegal was going on. For example, an officer might smell marijuana, or see drug paraphernalia somewhere in the vehicle. Probable cause can also be established if you say something suspicious. Because this is so subjective, we often will spend a lot of time evaluating the police investigation to determine whether probable cause was truly established. This is where hiring a criminal defense attorney will be most valuable; we can carefully review your case, and with our legal expertise, we have the experience and knowledge necessary to determine whether the law has been followed or not.

If The Police Arrest You

If you are arrested, a police officer might be able to search your vehicle as well. How thorough the search can be will be dependent on the circumstances. If your car is towed after being arrested, officers may be able to do an “inventory search,” which gives them the opportunity to search for evidence again. Should you be arrested and your car searched, it is very important to hire a criminal defense attorney to review your case. We can look into the particulars of your case to determine whether the officer’s search was lawful. If we should find that the search conducted was unlawful, it is beneficial to your defense because we may be able to throw out any evidence obtained. In this situation, it is crucial for you to hire a defense attorney to advocate on your behalf. The law around these issues is complex, which is why it is advisable to hire an attorney who is knowledge about South Carolina criminal law. When you need an experienced criminal defense attorney in South Carolina, contact The De Bruin Law Firm today.

If you are arrested for a felony, misdemeanor, DUI, or serious traffic offense in Greenville, SC or the surrounding area, Aaron De Bruin provides aggressive defense of his clients’ rights, freedom, and driving privileges. We have someone available to speak to you 24 hours/7 days per week. Our firm will even arrange in-house financing in certain cases. Call us today at 864-372-2896 to arrange a free no obligation confidential consultation.

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!

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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