Knowing what to do after a DUI arrest in SC can be alarming and complex, affecting your license, finances, and freedom. Knowing the steps to take afterward is vital for protecting your rights and defense. This guide covers the process from the initial law enforcement encounter to dealing with legal system complexities.
When you’re suspected of drunk driving in South Carolina, the situation can escalate quickly. Police officers are trained to look for signs of impairment, and they will likely ask you to perform field sobriety tests. These tests are designed to assess your coordination, balance, and ability to follow instructions, but they are subjective and can be challenging even when sober.
You might also be asked to submit to a portable breath test. Remember, anything you say or do during this time of arrest can be used against you. This is why it’s so important to have a trusted criminal defense lawyer in South Carolina.
Initial Steps After a DUI Arrest
If the officer finds probable cause during the stop, you’ll be arrested for DUI, taken to the detention center for booking (fingerprints, photo), and likely asked to take a breathalyzer test to determine your blood alcohol concentration. Under South Carolina’s implied consent law, driving means you’ve agreed to such tests. Refusing results in automatic license suspension, aside from criminal penalties.
It is absolutely vital to understand your rights at this stage. While you are generally required to comply with the BAC test under implied consent, you have the right to remain silent and the right to an attorney. It’s often a common practice to politely invoke these rights. Do not provide any statements or answer questions about your alcohol consumption or activities without legal counsel present.
Contact: Call Touma Law Group at (864) 618-2323 to get a free consultation for your DUI charge today!
License Suspension and Administrative Hearings
A DUI arrest in SC can lead to license suspension if your BAC is 0.08% or higher or if you refuse testing. The SCDMV will start this separate administrative suspension, and you’ll get a notice at arrest. Repeat offenses may result in a bench warrant and jail time.
You have a very limited window—30 days from the notice of suspension—to request an administrative hearing with the Office of Motor Vehicle Hearings (OMVH) to contest this suspension.
This administrative hearing, sometimes called a consent hearing or implied consent hearing, is a civil matter focused solely on whether the arresting officer followed proper procedure and had probable cause for the stop and arrest. It is your opportunity to challenge the automatic suspension of your driving privileges.
Requesting this hearing is critical because it allows you to obtain a temporary license (often called a Temporary Alcohol License or TAL) that permits you to drive until the hearing takes place. Without this request, your license suspension will go into effect automatically. While there is a $200 filing fee for the hearing and an additional fee for the temporary license, the ability to continue driving can be invaluable, especially if you rely on your vehicle for work or daily life.
Learn: Find out if you can get a temporary license after a DUI.
An attorney can represent you at the hearing, challenging the officer’s testimony to reinstate your driving privileges. Winning lifts the suspension, irrespective of your DUI case outcome. Even if you lose, it allows your legal team to gather evidence and identify weaknesses in the prosecution’s case, which is essential for your defense strategy.
Navigating the Criminal Case
The criminal case for your DUI arrest in SC proceeds independently of the administrative license suspension. South Carolina imposes stiff penalties for drunk driving convictions, which escalate with prior offenses and higher BAC levels.
Did you know? Take a look at the steps to take after an arrest.
A first offense, even if it’s a misdemeanor, can lead to significant fines, jail time (from 48 hours to 30 days, or community service in lieu of jail), and a mandatory license suspension of six months. Subsequent offenses carry harsher penalties, including longer jail sentences, higher fines, and extended license suspensions, potentially leading to permanent license revocation for a fourth or subsequent offense.
The process typically begins with an initial citation or traffic ticket. Your first court appearance will be an arraignment, where the charges are formally read, and you enter a plea of guilty or not guilty. Pleading not guilty is almost always advisable, as it preserves your right to fight the charges and explore all defense options.
Your criminal defense attorney will then begin a thorough investigation into your case. This includes reviewing all evidence, such as police reports, dashcam and bodycam video footage from the time of arrest, witness statements, and the results of any field sobriety tests and chemical tests.
They will look for any inconsistencies, procedural errors, or violations of your rights that could lead to the suppression of evidence or even the dismissal of charges. For instance, did the officer have a valid reason for the traffic stop? Were the field sobriety tests administered correctly? Was the breathalyzer properly calibrated and operated?
Related: What to ask a criminal defense attorney during your consultation.
Pre-trial conferences and motions frequently occur. Your attorney might file motions to suppress unlawfully obtained evidence or dispute breath test accuracy. They can negotiate plea deals with reduced charges or a favorable outcome. Accepting a plea means admitting guilt and facing penalties, including a criminal record affecting job prospects and opportunities.
If a plea agreement isn’t reached, your case will proceed to trial. You have the right to a jury trial, where a jury decides your guilt or innocence, or you can opt for a bench trial, where the judge alone makes the decision. A top-notch DUI defense involves meticulously presenting your case, challenging the prosecution’s evidence, and highlighting any reasonable doubt.
Consequences Beyond the Courtroom
Beyond the immediate legal penalties, a DUI conviction in South Carolina carries significant long-term consequences.
License Reinstatement
Even after your suspension period ends, reinstating your license often requires completing an Alcohol and Drug Safety Action Program (ADSAP) and paying reinstatement fees. This alcohol education program is mandatory for all DUI/DUAC convictions and implied consent suspensions.
Learn more: Find out what happens to your car after a DUI
Insurance Premiums
A DUI conviction will almost certainly lead to a dramatic increase in your car insurance premiums. You may also be required to obtain SR-22 car insurance, which is a certificate of financial responsibility that your insurance company files with the state. This demonstrates that you carry the minimum required liability insurance. SR-22 insurance is significantly more expensive than ordinary car insurance rates and is typically required for at least three years after a DUI conviction. Drivers in Rock Hill DUI cases, for example, will face the same SR-22 insurance requirements as those anywhere else in the state.
Criminal Record
A DUI conviction creates a criminal record, which can show up during background checks for employment, housing, and professional licenses. This can have lasting negative impacts on your life.
Employment
Certain professions, especially those requiring a commercial driver’s license or involving driving, may be jeopardized by a DUI conviction.
Why You Need a Dedicated DUI Defense Attorney
Facing a DUI arrest in SC is a complex legal challenge that demands experienced legal representation. A skilled criminal defense attorney, particularly one with a deep understanding of South Carolina DUI laws, can make a significant difference in the outcome of your case. They can:
- Protect Your Rights: Ensure that law enforcement adheres to proper procedures during your stop and arrest, preventing potential rights violations.
- Challenge Evidence: Scrutinize all evidence, including field sobriety tests, breath alcohol concentration results, and police conduct, to identify weaknesses in the prosecution’s case.
- Navigate Administrative Hearings: File the necessary paperwork and represent you at your administrative hearing to fight for the reinstatement of your driving privileges.
- Negotiate with Prosecutors: Seek a favorable resolution, potentially including reduced charges or alternative sentencing.
- Represent You in Court: If your case goes to trial, build a robust defense, present arguments, and cross-examine witnesses to fight for an acquittal.
- Minimize Consequences: Work to mitigate the long-term impact on your criminal record, driver’s license, and insurance premiums.
Many law firms offer payment plans and affordable fees to individuals arrested for DUI, recognizing the financial strain a case can impose. Don’t let the initial shock and confusion of a DUI arrest in SC deter you from seeking legal help. The sooner you consult with a legal professional, the better your chances of achieving a favorable resolution.
Even if you believe the evidence against you is strong, there are often avenues for defense based on legal technicalities, procedural errors, or factual disputes. For example, challenging the reliability of field sobriety tests, the calibration of breathalyzers, or the legality of the initial traffic stop can lead to positive outcomes. An attorney with a strong law degree and specific experience in DUI defense will understand these nuances and how to apply them to your case.
A DUI arrest in South Carolina is a serious matter with far-reaching consequences. From understanding the implied consent law and the importance of an administrative hearing to preparing for your criminal case, every step is critical. Your best course of action is to contact a knowledgeable criminal defense attorney immediately to discuss your situation, understand your options, and build the strongest possible defense. Call Touma Law Group today at (864)777-8062!
