Tag Archive for: DUI Law

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.

Greenville DUI Lawyer

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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)

Greenville DUI Defense Lawyer

A DUI charge has the potential to wreak havoc on your life. A DUI can cost you your job, your relationships, and your reputation. At the De Bruin Law Firm, our Greenville DUI defense lawyers are experienced in criminal matters and take pride in building strong defenses for our clients. An arrest does not necessarily have to result in a conviction, and our lawyers will work hard to protect your legal rights.

South Carolina DUI laws

In South Carolina, a driver may be arrested for driving under the influence if the driver’s blood alcohol content is 0.08 percent or higher. A conviction may result in fines, community service, jail time, and a suspended license. With each subsequent DUI conviction, the penalties become more severe.

However, not every arrest for DUI will result in a conviction. To protect your legal rights, it is important to discuss your case with an experienced DUI defense lawyer as soon as possible. Statements that you make to police officers, prosecutors, and other individuals may be used against you. Therefore, it is important to hire a lawyer so that your lawyer may speak on your behalf and protect your interests.

Defenses to DUI charges

If you have been arrested for DUI, there may be one or more defenses available in your case. With the assistance of your defense lawyer, you will be able to provide support for these defenses and possibly have your charges reduced or dismissed.

The Breathalyzer is used to measure the amount of alcohol in a driver’s blood. The officer will have the driver blow into the Breathalyzer, and the Breathalyzer will then provide a reading that shows the driver’s blood alcohol content. However, the Breathalyzer must be used correctly and calibrated properly for it to provide an accurate reading. In addition, there may be legal reasons that a driver’s breath shows a high Breathalyzer reading. For example, some have argued that mouthwash may trigger a higher reading. In some diabetics, the Breathalyzer results are skewed because of unique biological characteristics.

There are also numerous defenses available for failed field sobriety tests. A field sobriety test is a way for law enforcement to measure how impaired a driver is. There are three field sobriety tests. In the walk and turn test, a driver must walk a straight line, turn, and walk back, following the officer’s specific instructions. The officer will also perform a horizontal nystagmus test, during which the officer will look for involuntary movements in the driver’s eyes that occur with heavy drinking. Finally, the officer will ask the driver to stand on one leg and count, again with specific instructions.

In each of these tests, the officer is looking for physical signs that the driver is impaired. Is the driver able to balance on one leg? Do the driver’s eyes involuntarily move back and forth? Can the driver count coherently? If the driver fails these tests, the officer may arrest the driver for driving under the influence.

However, there are legitimate reasons for failing a field sobriety test. Physical conditions are often the culprit. In addition, environmental conditions, such as an uneven walking surface, may also cause a driver to fail a test. With a strong DUI defense lawyer, you may be able to argue that you should not have been arrested.

Were you arrested for DUI?

If you were arrested for DUI, it is important to speak with a lawyer immediately. Lawyer Aaron De Bruin has been named one of “Greenville’s Elite Criminal Defense Lawyers” by the Greenville Magazine in 2013, 2015, 2016.

To schedule a free consultation with our DUI defense lawyers, call 864-982-5930 or visit greenvilledefense.com today so that we may begin working on your case.

Common Issues With Field Sobriety Tests

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Field sobriety tests are used by police officers to evaluate a driver’s level of intoxication. Field sobriety tests are often used in conjunction with a Breathalyzer, which measures the amount of alcohol in one’s breath. Although field sobriety tests are commonly used in all 50 states, they are not always accurate. Officers may mistakenly arrest drivers for driving under the influence of alcohol or drugs when the driver is not actually intoxicated.

The horizontal gaze nystagmus (HGN) test

When an officer asks a driver to complete the horizontal gaze nystagmus test, the officer is studying the driver’s eyes. When someone looks to the side at a high angle, the eyes will exhibit an involuntary jerking movement. However, when someone has consumed alcohol, this reaction may be detected when the driver looks to the side at a lower angle. In addition, after drinking, a driver’s gaze will not follow an object smoothly. Instead, the jerking movement will be apparent. When administering this test, the officer will have the driver follow an object, such as a flashlight, using only his eyes (not moving the head from one side to another).

However, there are other conditions that may cause a driver’s eyes to move involuntarily. For example, certain seizure medications may cause the jerking reflex. Some congenital conditions also cause an individual’s eyes to move involuntarily.

The walk-and-turn test

The officer will ask the driver to take nine steps in a heel-to-toe fashion. After counting the nine steps out loud, the driver must turn on one foot and return to the starting point in the same manner. The officer will watch the driver closely to see how well he can balance while walking. If the driver takes the wrong number of steps, turns incorrectly, takes the steps incorrectly, or uses his arms to balance, the officer may note these factors as signs of impairment.

There are several reasons why a person may fail the walk-and-turn test. The type of shoes drivers are wearing may impact their ability to walk in a heel-to-toe manner. Physical conditions, such as obesity, middle ear issues, or back and leg problems may also limit how well the driver can take the test. Further, the test must be given on a level surface.

The one-leg stand test

With the one-leg stand test, the driver is told to stand with one foot roughly six inches above the ground. The driver must then count upwards starting with one thousand. The driver must hold the foot above the ground while counting for thirty seconds. Again, the officer will watch the driver closely to see if the driver has any trouble balancing. The officer will also note if the driver counts incorrectly.

As with the walk-and-turn test, there are physical conditions that may impede a driver’s ability to complete the test correctly. Leg conditions, back conditions, knee conditions, and hip conditions are just a few. The elderly and those who are overweight will also have trouble.

What happens if you failed a field sobriety test?

If you failed a field sobriety test, you may be able to argue that the test was administered improperly. If the officer did not give you proper instructions, or if other conditions hindered your ability to complete the test, you may have a strong argument in court.

Contact our attorneys to build a strong defense in your DUI case

The DUI attorneys at the De Bruin Law Firm are experienced and aggressive. Our attorneys fight to protect our clients’ legal rights. To schedule a free case review, call (864) 372-2896.

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.

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.

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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