• Facebook
  • Twitter
  • Instagram
  • LinkedIn
  • Youtube
  • Rss
16 Wellington Ave•Greenville, SC 29609 (864) 982-5930
De Bruin Law Firm
  • Home
  • About Us
    • Testimonials
  • Attorneys
    • Aaron De Bruin
    • Nicholas Brausch
  • Legal Services
    • Business Law
      • Mergers and Acquisitions
      • Business Formation
    • Real Estate
      • Title Insurance
      • Real Estate Investors
      • Agents and Brokers
      • Commercial Real Estate
      • Real Estate Closing
      • South Carolina Real Estate Contract Review and Negotiation Lawyers
    • Estate Planning
      • South Carolina Wills
      • South Carolina Incapacity Planning Lawyers
      • South Carolina Trusts
      • South Carolina Probate
  • Legal Articles
  • Contact Us
  • Message Us
  • Menu Menu

Tag Archive for: dui issues

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

November 26, 2017/in DUI Defense

If you are driving home from a sports bar or gathering of friends after a night of drinking, the sudden reflection of red flashing lights in the rearview mirror can be alarming.  While this scenario offers the potential of severe penalties and a murky future, a driver’s contact with law enforcement after a night of drinking will not necessarily lead to a DUI conviction.  The way you handle the interaction with the officer and a prompt decision to retain an experienced Greenville DUI defense lawyer can improve your chances of a positive outcome.  In this blog, we examine the initial stop and arrest process, field sobriety and chemical testing, and the driver’s license consequences of a DUI arrest.

The Initial Stop

A roadside traffic stop constitutes an inherently disturbing situation for people who have had little experience with law enforcement because the officer has the advantage of standing over you with a gun and the power of arrest.  The first priority for any motorist in this situation is not to panic because a level head and the full exercise of your rights can allow you to impact the way the encounter turns out.  The officer usually will have stopped your vehicle because of a traffic violation or perceived erratic driving. [DUI checkpoints that involve random stops are beyond the scope of this discussion.]  The key point to keep in mind is that the officer must have at least “reasonable suspicion” a crime is being committed to justify the stop.  If the officer does not have sufficient articulable facts to justify the initial stop, an experienced Greenville DUI defense attorney might be able to get all evidence obtained during the stop suppressed.  While the threshold for meeting the reasonable suspicion test is relatively low, the officer cannot pull you over merely based on a hunch.

Officer-Driver Interaction

During the stop, the officer will attempt to gather additional evidence to create “probable cause” for an arrest.  The officer will approach your vehicle to request your driver’s license and registration.  Since you are required to provide this identifying information, you might want to hold the documents in your hands which should be clearly visible on the steering wheel.  This apparent cooperation can avoid the awkward scenario of fumbling around looking for and dropping the documents, which the officer might characterize as “lack of coordination.”  The officer will ask other questions, such as:

  • Where are you coming from?
  • Have you been drinking?
  • How many drinks have you had tonight?

These questions are intended to elicit responses to justify a finding of probable cause for a DUI arrest.  While you have the absolute right not to answer these questions, you should do so politely.  One approach might be to indicate you are not comfortable answering any questions until you speak to your attorney.  Although the officer is not going to let you call an attorney, there is nothing to be gained by answering these questions.

The officer also has another purpose for asking these questions during the stop.  The officer will carefully observe your appearance, demeanor, and responses.  This observation will focus on slurred speech, red bloodshot eyes, alcohol on your breath, and lack of coordination.  In other words, the officer wants you to engage in a verbal exchange that allows him to extend the stop and gather evidence supporting a DUI arrest.  If the officer continues to ask you to answer questions, you should reiterate your desire to speak to a lawyer and ask if you are free to leave.  These physical characteristics can be related to illness, fatigue, and other innocent factors, which our attorneys understand, but there is no reason to give the officer a basis to extend the duration of your stop.

Standardized Field Sobriety Testing

Despite depictions on television, there are only three field sobriety tests that have been approved for use by the National Highway Traffic Safety Association (NHTSA).  The three approved tests referred to as Standardized Field Sobriety Tests (SFSTs) include:

  • Horizontal Gaze Nystagmus (HGN)
  • One Leg Stand Test
  • Walk and Turn Test

If the officer asks you to perform any test other than these three, the exercise is not considered to have any confirmed reliability in identifying an alcohol or drug impaired driver.  Fortunately, a sub-standard performance on SFSTs frequently can be dealt with by our experienced Greenville DUI defense attorneys because the tests individually have significant error rates.  Many reasons also exist for a poor performance on SFSTs that have absolutely nothing to do with intoxication, such as:

  • Illness
  • Injury
  • Physical or mental disability
  • Improper footwear
  • Constricting clothing
  • Lack of coordination
  • Poor lighting
  • Proximity to traffic
  • Stress and anxiety
  • Poor dexterity
  • Officer preconceptions (self-fulfilling prophecy)
  • Improper procedures, instructions, or demonstration

While the best decision might be to skip STSTs in most situations, this short list of reasons for poor performance on the walk and turn and one leg stand tests provide a basis for challenging such results in court.  Further, the South Carolina Supreme Court has ruled that the HGN test is not accurate enough to be used unless combined with other STSTs.  If the officer did not properly perform the walk and turn or one leg stand tests or the results of these tests are excluded, the HGN test result also must be excluded from use at trial.

These tests combined with officer observations before and during the stop usually will comprise the evidence used to support probable cause for a DUI arrest.  Many people might wonder why they should agree to perform these awkward and unfamiliar physical and mental exercises.  There are good reasons to decline if you know you have been drinking or suffer from physical or psychological limitations that might make the process difficult.  While the officer will probably arrest you if you refuse to perform the tests, their purpose is to create more evidence to support the arrest and to be used at trial.  If the officer asks you to perform standardized field sobriety tests (SFSTs), he or she has probably already decided you are intoxicated.  Put simply, there is little for you to gain by agreeing to SFSTs unless you are certain you will perform successfully.

Arrest & Formal Chemical Testing

If the officer determines sufficient evidence exists to justify an arrest for DUI, you will be taken into custody and transported to a location for chemical testing (often the police station for a breath test).  While you are not required to submit to the breath (blood or urine) test, there are consequences for refusal under the South Carolina implied consent law.  Under the implied consent law, an individual driving in South Carolina consents to submit to chemical testing for drugs or alcohol via breath, blood or urine.  Although a motorist can refuse this test, the refusal will result in driver’s license consequences separate and apart from any penalties in traffic court.  (Click Here to Learn More).

Challenging DUI Charges Based on Improper Officer Procedures

Whether you are charged with DUI or DUAC, our DUI defense lawyers might assert a range of defenses based on improper actions by the police officer that could justify a dismissal of the charges, including but not limited to the following:

  • Failure to provide a Miranda advisory of your rights justifying exclusion of incriminating statements
  • Noncompliance with the strict requirements for SFSTs, which cannot be used at trial unless the proper procedures are observed
  • Neglecting to turn on the arresting officer’s video camera when activating the squad car’s blue lights
  • Refusing to give affirmative assistance in transporting you to a facility of your choosing for you to have additional BAC testing
  • Failing to provide informed consent advisory regarding the consequence of a refusal to submit to chemical testing
  • Lack of maintenance and calibration of the breath testing device

Driver’s License Consequences of a DUI

When you are arrested for DUI in Greenville or the surrounding areas of South Carolina, you will face potential consequence to your driving privileges both through the DMV and the traffic court.  If the officer determines that you have refused to participate in a chemical test through breath, blood, or urine, you will face an administrative suspension of your driver license through the DMV.  The DMV will also suspend your driver’s license if you have a BAC of .15 percent or higher.  The length of the suspension will depend on your BAC level and/or whether you have prior refusals or DUI/DUAC convictions.  [Click Here for More on Informed Consent Driver’s License Issues].

If you or someone you love has been arrested for DUI or any other alcohol or drug-related driving offense, we invite you to contact us 24/7 to protect your future.  Our law firm is committed to providing effective legal representation and timely communication, so call us today at (864) 372-2896 or submit a confidential case inquiry form.

https://debruinlawfirm.com/wp-content/uploads/2019/11/Image_1-copy-3.jpeg 972 1600 Bryan De Bruin https://debruinlawfirm.com/wp-content/uploads/2025/04/logo.png Bryan De Bruin2017-11-26 13:26:452021-03-09 19:42:41What to Expect During and Immediately After a DUI Arrest in South Carolina

Important Issues Involving South Carolina DUI Driver’s License Issues

November 15, 2017/in Criminal Law, DUI Defense

“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.

https://debruinlawfirm.com/wp-content/uploads/2018/12/greenville-police-making-dui-arrest.jpg 562 1000 Bryan De Bruin https://debruinlawfirm.com/wp-content/uploads/2025/04/logo.png Bryan De Bruin2017-11-15 13:12:022020-02-26 16:32:00Important Issues Involving South Carolina DUI Driver’s License Issues

Our Latest Articles

  • What Happens if You Die Without a Will in Greenville County, SC?
  • Navigating Probate When the Executor Lives Outside South Carolina
  • Contesting a Will in Greenville County Probate Court: Grounds and Process
  • Beyond the Basics: Understanding South Carolina’s Residential Property Condition Disclosure Statement
  • AI Still Makes Things Up: Why Professionals Must Remain the Experts
  • Safeguarding Your Estate Plan: Why Protecting Your Will Is Just as Important as Creating It
  • Estate Planning And Victims Of Asbestos Exposure
  • 10 Common Estate Planning Mistakes and How to Avoid Them
  • 10 Benefits of Hiring a Startup Lawyer for Your New Business
  • Estate Planning 101: The Different Types of Wills

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.

Our Services

  • Business Law
  • Real Estate
  • Estate Planning

Quick Links

  • Home
  • About Us
  • Attorneys
  • Legal Services
  • Testimonials
  • Legal Articles
  • Contact Us

    Contact Us

    © 2025 De Bruin Law Firm, LLC. All Rights Reserved. This is a Too Darn Loud - Digital Marketing law firm website.
    Scroll to top