Tag Archive for: DUI Laws

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

/in

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

/in ,

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.

Do I have to tell my employer if I get a DUI?

/in ,

“Because Your Future Deserves a Defense”

Getting a DUI can be extremely embarrassing whereas most people want to move on after such an unpleasant experience. However, you might be wondering whether your DUI will end up impacting your professional life. One thing that might cross your mind, and could cause you to lose sleep, is whether you have to tell your employer about your DUI. The answer is that it depends. There are certain situations where you might have to tell your employer, but in many cases, disclosing this information is not required.

When would I have to tell my employer about my DUI?

If you signed a contract with your current employer, take a look at it. Does it state that you have to disclose anything like a DUI, arrest, or conviction? If the contract requires your disclosure under the circumstances, then you should abide by its terms. Remember though, that if you are required to inform your employer of a conviction, and you were arrested, but not convicted, then disclosure would not be necessary. If you fail to notify your employer despite a contractual obligation to do so, you will be considered in breach of your employment contract. This could cause you to lose your job.

Another scenario when you might have to disclose your DUI is if your job includes driving. For one thing, there is a greater chance that your contract will require you to have a clean driving record if you are responsible for driving as part of your job. It is also possible though that your DUI will impact your ability to drive, and that as a result, it will impact your ability to do your job. In this case, failing to notify your employer might not be an option. Additionally, if you have a DUI, and you cause an accident while driving for work, your employer could find themselves liable for having you drive when you have a DUI.

Without some specific reason to notify your employer, there is no universal rule that your employer must be notified of your DUI.

What about applying for new jobs?

When applying for a new job, you might be asked questions regarding whether you have ever been convicted of a crime. In these situations, the wording of the job application is very important. Sometimes you will not have to disclose any convictions unless you were convicted of a felony. If this is the case, then if you were arrested and not convicted, or if you were convicted of a misdemeanor, then you would not have to disclose anything. It is important to fully understand what is being asked.

If you were arrested for a DUI, it is important to find an experienced attorney to represent you. You will likely have plenty of questions regarding how the DUI will impact your life, and an attorney will be able to help you understand how to handle these situations so that you are not in violation of any laws or agreements to which you are subject. Contact us at 864-982-5930 today to learn more about how we can make a difference for you.

Common Issues With Field Sobriety Tests

/in ,

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?

/in ,

“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.

When A Police Officer Searches Your Car

/in

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

Being Pulled Over By Police

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

Permission To Search

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

Probable Cause

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

If The Police Arrest You

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

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

5 Actions To Avoid When Facing A DUI Charge

/in ,

If you have recently been arrested for drunk driving, there are certain behaviors that you should avoid because they may have an negative impact on your case. If you behave in such a way to put into question your credibility or reliability, it may cause complications with your case.

1. Talk About Your Case On Social Media

These days, it is common for people to use social media as a way to keep their friends and family up to date on their lives. You may be accustomed to posting about everything that happens to you on social media. However, nothing will sabotage your case faster than talking about how you are going to get out of a DUI charge on social media. Even if you believe that your account is protected by privacy settings, there is a strong chance that the prosecution can and will see your profiles. It is better to be safe than sorry; therefore, you should avoid talking about your DUI case online.

2. Do Not Party

Before your DUI hearing, you should do everything in your power to fly under the radar. Therefore, you should avoid being publicly intoxicated, or participating in any activities that may negatively draw attention to yourself. You should be especially cautious if you live in a small town, where you could easily be recognized by someone. Even if you live in a larger city in South Carolina, you could easily and inadvertently be in a picture posted on social media, leading to the same problem listed above. Refrain from publicly drinking and partying while facing DUI charges.

3. Drive With A Suspended License

In South Carolina, your license automatically faces six months of suspension when you are arrested for a DUI. While getting around without a car in the Palmetto State can be difficult, it is not worth the risk to drive while your license is suspended. If you do, you could potentially face thousands of dollars of fines, as well as longer jail time and term of suspension. Play it safe and find other means of getting around.

4. Missing Your Court Date

Failing to show up for your court date could be a big disaster for your case. Failing to show up at your court date will result in a warrant for your arrest, and you may face jail time while awaiting your rescheduled trial. This also will taint your image in the eyes of the court by casting doubt on your ability to be reliable, your cooperativeness, and your seriousness about the charges you face. Should you be arrested in the future, it may have an impact on how leniently you are treated because the court will not be sure if they can trust you to show up in court.

5. Not Hiring A DUI Attorney

While you technically can represent yourself in court, there are many legal elements to a DUI case that are difficult for people who aren’t lawyers to navigate. When you hire a DUI attorney to represent you in court, you know that you are doing everything you can to fight your case. When you’re looking for competent and experienced DUI attorneys in South Carolina, contact The De Bruin Law Firm. We have experience handling DUI cases, and will do everything in our power to defend your future and protect your rights. Call today!

Will Your DUI Attorney Save You Money?

/in ,

“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.

Field Sobriety Tests In South Carolina

/in ,

“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?

/in ,

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 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

Quick Links

    Contact Us