Tag Archive for: DUI Defense

Will Your DUI Attorney Save You Money?

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“Because Your Future Deserves a Defense”

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

Severity Of The Case

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

Employment

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

Insurance Costs

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

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

What You Need To Know About Suspended Licenses In South Carolina

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“Because Your Future Deserves a Defense”

Greenville Criminal Defense — Greenville DUI Defense Lawyer

When you are facing felony or misdemeanor charges, your choice of criminal defense lawyer can have a substantial impact on your future. While there are many qualified South Carolina criminal defense law firms, our firm is built on experience, commitment, and dedication to the rights of the accused. This background provides a firm foundation for protecting our clients’ reputations, liberty, and careers whether charged with serious felonies or a first offense of driving under the influence (DUI).

Why Clients Facing Criminal Charges Trust Aaron De Bruin

When you are facing criminal charges that could derail your future, there is no substitute for experience and proven expertise. Greenville criminal defense lawyer Aaron De Bruin is a former prosecutor for the United States Marine Corps. This experience involved handling a broad spectrum of criminal charges and a heavy caseload. During his time as Judge Advocate General in the marine corps, Aaron acquired experience working closely with military law enforcement, which includes the Naval Criminal Investigative Service. Because of his time as a successful military prosecutor, he anticipates the tactics of law enforcement officers and prosecutors. The De Bruin Law Firm, LLC offers clients over 28 years of collective legal experience. Aaron’s clients also take comfort in the fact that he has extensive courtroom experience, so he does not shy away from trial.

Honors, client reviews, and accolades from around the web and media sources attest to Aaron’s effectiveness.

  • Greenville Business Magazine Pick as One of Greenville’s “Elite Criminal Defense Attorneys” (2O13, 2015, 2016)
  • 5-Star Rated Criminal Defense Attorney on AVVO (Verified 9-17-2017)
  • 5-Star Average Rating from Former Clients on Facebook (Verified 9-17-2017)

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

Consequences Of Driving With A Suspended License

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

Driving After Suspension

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

License Revocation

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

Habitual Traffic Offenders

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

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

Your Driving Options When Your License Is Suspended/Revoked

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

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

Field Sobriety Tests In South Carolina

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“Because Your Future Deserves a Defense”

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

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

What Happens During Field Sobriety Tests?

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

NHTSA-Standardized Tests

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

Non-Standardized Tests

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

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

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

Do You Need A DUI Attorney?

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

Is This Your First Offense?

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

Do You Plan To Plead Guilty?

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

What Sentence Will You Face?

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

The Embarrassing Results Of A DUI Conviction

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

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

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

What’s The Difference Between A DUI, DWI, And DUIL?

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We’ve all heard of a DUI, or driving under the influence. But did you know there are upwards of six or more acronyms that describe different versions of driving under the influence? Different states utilize different terms and punishments for what is essentially the same offense. It’s important to know what the terms and laws are in South Carolina and how they affect your individual situation. Contact De Bruin Law Firm for a free consultation with our expert DUI attorneys. In the meantime, here are the basics you need to know to navigate the acronyms and jargon surrounding DUIs.

Whether a DUI or DWI, the idea is the same. With a DUI they are simply specifying that you were driving. You are operating or driving something under the influence of either alcohol or some other substance. Either of these actions followed by “WI” stands for while intoxicated. Similarly, “DUIL” stands for under the influence of liquor. A DUIL is one of the few that is very specific to alcohol consumption.

The two components that is important to note in these acronyms are the operating or driving some vehicle and consumption of a regulated substance. What some people forget is that to receive a DUI you don’t necessarily have to be driving a car. You could be operating a golf cart, riding a bicycle, or even riding a horse in some states while under the influence of drugs or alcohol.

If you find yourself in a situation where you need legal counsel from a DUI Attorney in South Carolina, contact us at De Bruin Law Firm today and we’ll help you navigate the intricacies of DUI law.

More Police Mistakes That Invalidate A DUI Arrest

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As we discussed in a previous post, not all DUI arrests are set in stone. There are several different ways in which the arresting police officer themselves can invalidate the case simply by mishandling the traffic stop or DUI checkpoint. Making arrests for driving under the influence results in thousands of dollars of fines that must be paid into the court, making each DUI arrest a very lucrative event for local government. To avoid being unfairly charged for this crime, it’s important to know exactly what’s expected of the arrested officer. Then, if you feel that they behaved improperly, consult with the experienced DUI defense attorneys at De Bruin Law Firm right away.

Misconduct In Field Sobriety Tests

“Please step out of the car, I’d like to perform a few tests.” These words strike fear into the heart of any driver, causing extreme anxiety and sometimes erratic behavior, even when no alcohol or other substances are involved! In order for a field sobriety test to stand up in a court of law, it must be administered in a very specific manner, with considerations taken for a person’s level of fatigue, health conditions, current environmental conditions, and/or the structure of the pavement. If you believe the arresting officer judged you unfairly during a field sobriety test, it’s important to let your DUI attorney know immediately. Improper conduct can provide a way for your defense attorney to prove that the test wasn’t reliable and should be dismissed.

No Probable Cause For DUI Arrest

As we addressed in a previous post, law enforcement officers must have reasonable suspicion in order to pull you over in a traffic stop. They cannot simply choose to pull you over for the fun of it. Even if they do have reasonable suspicion and perform a traffic stop, they can’t arrest you without probable cause that a crime has actually been committed. If you don’t believe probable cause was established, but you were arrested anyway, a DUI attorney can use this information in your defense.

Improper Administration Of Your Breath Test

If both reasonable suspicion and probable cause are present, a police officer can legally arrest you for a DUI. At this point, they will likely perform a breath test, with a tool commonly called a breathalyzer. However, as with DUI checkpoints, there are very strict rules governing the administration of a breath test. It’s important that you discuss the events preceding and following your breath test with your DUI attorney as soon as possible, while the details are still fresh in your mind. If you can’t speak with them right away, write the events down. Improper administration of a breath test is a strong defense in DUI cases.

How A DUI Defense Attorney Can Help

Hopefully, these posts about common police mistakes that can invalidate a DUI has shown you that the world isn’t necessarily over just because you were arrested for driving under the influence. People can be and are wrongfully convicted for this crime every day because these mistakes aren’t brought to the attention of a DUI attorney.

Common Police Mistakes That Invalidate A DUI Arrest

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With the summer recreation season quickly approaching, it’s time for all South Carolina drivers to prepare themselves for increased DUI controls on the roadways.

To be clear, it’s never acceptable for a person to drink and drive. Operating a vehicle under the influence of an intoxicating substance puts you, your passengers, other drivers, and pedestrians in grave danger. However, it’s important to remember that DUIs are very profitable for law enforcement. During certain times of year, patrols specifically targeting potential DUI arrests are increased for this reason.

It’s important to be aware of your rights and proper procedure during a DUI stop, as well as mistakes often made by law enforcement that can invalidate any charges.

No Reasonable Suspicion For At A Traffic Stop

Law enforcement must have a reason to pull you over. They can’t just cherry pick people out of traffic because they think there may or may not be a chance that you’re driving under the influence of something. While this means that not wearing a seat belt, having a taillight out, or rolling through a stop sign are perfectly good reasons to be pulled over, it’s important that the officer can cite this reason immediately upon stopping you. If your DUI attorney determines that there was no justification for you to have been stopped, your case could be invalidated.

Misconduct At Sobriety Checkpoint

One exception to the ‘reasonable suspicion’ rule for DUI traffic stops is the DUI checkpoint. These are situations in which police officers block passage through a roadway so that they can analyze the sobriety of each and every driver. While this is legal, it’s necessary for an officer to follow very specific protocol during a checkpoint stop. If these rules aren’t followed, it could invalidate any charges.

As you can see, no case of driving under the influence is cut and dry, regardless of how the police officer might make you feel. If you’ve recently been arrested, contact an experienced DUI attorney today. Also, stay tuned for our upcoming post that discusses more police mistakes that may invalidate a DUI charge.

Penalties For Driving Under The Influence

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Under South Carolina law, it is illegal to drive a motor vehicle with a blood alcohol concentration of 0.08 percent or higher. People who are found guilty of driving with a blood alcohol level that is too high may be fined or imprisoned. Here is the possible penalties for DUI in South Carolina. To learn more contact our DUI Lawyer about your case.

For blood alcohol levels of .08 to .10 percent, the following penalties apply:

Offense Number  Imprisonment or Public Service and Fines License Suspension
One A fine of $400 or a minimum imprisonment of 48 hours to a maximum of 30 days. The court also has the option of ordering public service instead of the 48-hour minimum sentence. Six Months
Two A minimum fine of $2,100 to a maximum fine of $5,100 and imprisonment for a minimum of five days to a maximum of one year. The court may not suspend the fine by less than $1,100. Indefinite
Three A minimum fine of $3,800 to a maximum fine of $6,300 and imprisonment for a minimum of 60 days to a maximum of three years. Indefinite
Four or More Imprisonment for a minimum of one year to a maximum of five years. Indefinite

For blood alcohol levels of .10 percent to .16 percent, the following penalties apply:

Offense Number  Imprisonment or Public Service and Fines License Suspension
One A fine of $500 or a minimum imprisonment of 72 hours to a maximum of 30 days. The court also has the option of ordering public service instead of the 72-hour minimum sentence. Six Months or indefinite if greater than a blood alcohol level of .15
Two A minimum fine of $2,500 to a maximum fine of $5,500 and imprisonment for a minimum of 30 days to a maximum of two years. The court may not suspend the fine by less than $1,100. Indefinite
Three A minimum fine of $5,500 to a maximum fine of $7,500 and imprisonment for a minimum of 90 days to a maximum of four years. Indefinite
Four or More Imprisonment for a minimum of two years to a maximum of six years. Indefinite

For blood alcohol levels greater than .16 percent, the following penalties apply:

Offense Number  Imprisonment or Public Service and Fines License Suspension
One A fine of $1000 or a minimum imprisonment of 30 days to a maximum of 90 days. The court also has the option of ordering public service instead of the 30 day minimum sentence. Indefinite
Two A minimum fine of $3,500 to a maximum fine of $6,500 and imprisonment for a minimum of 30 days to a maximum of two year. The court may not suspend the fine by less than $1,100. Indefinite
Three A minimum fine of $7,000 to a maximum fine of $10,000 and imprisonment for a minimum of six months to a maximum of five years. Indefinite
Four or More Imprisonment for a minimum of three years to a maximum of seven years. Indefinite

At the De Bruin Law Firm in Greenville, South Carolina, our criminal defense attorneys can represent you if you are accused of driving with a blood alcohol concentration of .08 percent or
higher. Contact the De Bruin Law Firm today to schedule a free consultation with one of our DUI Attorneys.

Drinking Age Law Change In California

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“Because Your Future Deserves a Defense”

A ballot initiative has been proposed in California that could potentially lower the drinking age. In California, a proposed law is written as a “ballot initiative” and is submitted to the Attorney General. The Attorney General’s office will give the proposed law a title and summary and the state will prepare a report on the potential financial impact of the proposal. Once the Attorney General’s office has approved the proposal in this way, the proposed bill has 150 days to gather the required number of signatures. The required number of signatures is either five percent (for a statute) or eight percent (for an amendment) of the number of people who voted in the most recent gubernatorial election. In the case of this proposed legislation, the number is 365,880 signatures. Generally bills will gather significantly more than the required number of signatures in order to account for fraudulent signatures. Should the initiative collect enough signatures it will be placed on the ballot and if the majority vote in favor, it will be passed into law.

Is The Current Drinking Age Law Outdated?

This particular initiative will be voted on in November 2016 should it collect the required signatures. The main proponent of this initiative, Terrance Lynn, believes the current law is outdated. The current law setting the drinking age at 21 was established at the federal level in 1984. Lynn believes 18 year olds have all of burdens and responsibilities of adulthood and should also share in the privilege of consuming alcohol. Terrance has also stated that he will not be spending money to advertise for signatures. Terrance is against money in politics and believes spending to promote his proposal would compromise his values. Experienced politicians and businessmen have claimed that without using money to hire people to gather signatures, it is likely the proposal will not make it to ballot.

Opposition To The Proposal

The biggest opposition to this proposal, predictably, comes from Mothers Against Drunk Driving. MADD believes raising the drinking age to 21 has saved 25,000 lives. MADD also claims that crashes have decreased by 16 percent because of the raised drinking age limit. Because federal law sets the minimum wage at 21, the state of California could potentially lose $200 million in federal highway funds, on the other hand, there is the potential for increased tax revenue from increased liquor sales.

Contact An Attorney In California

Currently, California allows those under the age of 21 to possess alcohol if their parent or of-age spouse is present. California is also one of the most lenient jurisdictions in the country when it comes to underage drinking. Most states impose strict liability for serving alcohol to a minor, in some states a person can be charged with serving a minor even if the minor steals the alcohol.

Keep in mind, here in South Carolina, as well as the rest of the United States, the drinking age is still 21. Underage drinking is an offense that could have long-term effects on your ability to find housing or employment. If you have been charged with underage drinking or providing alcohol to a minor, you need professional legal representation. Contact the attorneys at the De Bruin Law Firm today for a consultation and we will defend your rights and fight for the best possible outcome to your case.

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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