When you're facing a DUI charge in Columbia, SC, the consequences can be severe and life-altering. That's why you need a fearless and experienced legal team on your side. At Touma Law Group, we focus in providing aggressive defense for individuals charged with DUIs. With thousands of successfully handled cases under our belt, we understand the complexities of DUI law and know how to build a strong defense strategy tailored to your unique situation.
By choosing our services, you're not just getting an attorney – you're gaining a dedicated advocate who will fight tirelessly to protect your rights, reputation, and future.
We offer free consultations to assess your case and provide you with honest, straightforward advice on the best course of action. Don't let a DUI charge derail your life – let us help you navigate the legal system and work towards a brighter future.
Potential Legal Penalties for DUI in Columbia, SC
Getting a DUI can lead to some pretty serious consequences, like having to pay big fines, spending time in jail, losing your driver’s license, and more. It’s not just a slap on the wrist, it can really mess up your life. Here’s a breakdown of the different penalties you could face depending on the type of DUI charge you get:
First DUI Offense
This is the least severe type of DUI, but the punishment can get tougher if there are aggravating factors, like if your blood alcohol level is really high.
For a first DUI, you might face a fine of up to $1,000, have to do community service or even spend some time in jail, and lose your license for up to 6 months. It’s important to remember that even for drunk drivers facing their first DUI, these penalties can stick with you, leading to a criminal record that could impact your future.
Second DUI Offense
The consequences of a second DUI conviction can be made more severe depending on the recency of your first DUI and your blood alcohol content (BAC) at the time of the arrest. You may face jail time of up to 3 years, between $2,100 and $6,500 in fines, a 1-year license suspension, and mandatory installation of an ignition interlock device.
Third DUI Offense
The penalties from a third DUI offense get even more severe and can scale higher based on the driver's BAC at the time of the arrest. You may face between 90 days and 5 years in jail, a steep fine between $5,500 and $10,000, suspension of your driver's license, and required installation of an alcohol ignition interlock device for up to 4 years.
Fourth DUI Offense
A fourth DUI conviction in 10 years is classified as a felony in South Carolina. This carries the most severe penalties including permanent revocation of your driver's license, up to 7 years incarceration time, and a lifetime requirement for an ignition interlock device if you do keep your driving privileges.
Learn More: How Long Will a DUI Stay on Your Record in SC?
Why You Should Hire a Lawyer if Charged With a DUI
If you plan to fight your DUI charge in court, hiring a DUI lawyer is a must. You will need advice and help from a specialist in DUI law to put together an effective defense and counter the evidence brought against you. Even if you intend to enter into a plea bargain or simply plead guilty it is in your best interest to have an attorney take a look at your case so you can make an informed decision.
Our attorneys will take the time to learn the details of your case in order to determine what your options are. Each DUI case has unique factors, and this can lead to niche laws and obscure rulings that may benefit your particular circumstances. We will also look at some of the most common areas where evidence may be disallowed including:
Challenging Blood Alcohol Content (BAC) Results
BAC test results are often seen as irrefutable evidence in DUI cases, but that's far from the truth. Our experienced attorneys know how to challenge these results effectively.
We scrutinize the calibration and maintenance records of testing equipment, examine the qualifications of the personnel who administered the tests, and investigate potential physiological factors that could have affected the results.
By casting doubt on the accuracy and reliability of BAC evidence, we can significantly strengthen your defense and potentially have this crucial piece of evidence thrown out. Don't let BAC results seal your fate – let our law firm help you fight back.
Field Sobriety Test Challenges
Field sobriety tests are notoriously subjective and often administered incorrectly. Our team knows how to scrutinize these tests and challenge their validity in court. We examine factors such as uneven testing surfaces, poor weather conditions, or physical limitations that could have affected your performance.
By demonstrating the unreliability of these tests, we can often have this evidence suppressed, significantly weakening the prosecution's case against you. Don't let a flawed field sobriety test determine your future – let our Columbia DUI lawyer help you challenge it.
Investigating Police Procedures
Law enforcement must follow strict procedures during a DUI stop and arrest. Our attorneys meticulously review police conduct to identify any violations of your constitutional rights.
We examine whether there was probable cause for the initial stop if proper Miranda warnings were given, and whether search and seizure laws were followed. Any procedural mistakes can lead to evidence being thrown out, potentially resulting in case dismissal.
Let us scrutinize every aspect of your arrest to ensure your rights were protected throughout the process.
Case Dismissal Strategies
Our ultimate goal is to have your DUI charges dismissed entirely. We employ various strategies to achieve this, from challenging the legality of the traffic stop to exposing flaws in evidence collection and testing procedures.
Our defense lawyers work very hard to find any reason to get your case dismissed, whether it’s because of a violation of your rights, no real reason for the stop, or evidence that shouldn’t be allowed.
We know how important it is to have a solid defense, especially if this is a subsequent offense, and we have a strong record of success in helping people move on without a DUI conviction hanging over them. Let us fight for your chance to start fresh and keep your record clean.
How to Get Your License Back After a DUI
Regardless of the term of your license suspension, you will be required to submit a reinstatement application to get your driver's license restored. This application can be submitted to the South Carolina Department of Motor Vehicles. After this form is filed it will be compared to a set of requirements that must be met in order to reacquire your license.
You may have additional requirements to meet depending on your court ruling, but there is a certain standardized set. You will first have to pay a reinstatement fee. This is typically a $100 cost, but you may have other fines added to it which can drive the price up. If your fee is over $300, the SCDMV offers payment plans.
Learn more: Restore my revoked driver's license
You are also required to submit proof that you have completed a Drug and Alcohol Safety Class for your reinstatement to be approved. Proof of a proper SR-22 insurance policy will also be needed for the application process. As long as you can meet all of the criteria set and can pay your reinstatement fee, you should have no problems getting your license back following your suspension period.
DUI Frequently Asked Questions
Getting a DUI charge in South Carolina, especially in places like Richland County, can be really confusing and stressful. You might be wondering how the legal process works, what could happen to your insurance rates, or what you should do next. Don’t worry, we’re here to help!
To make things easier, we’ve put together a list of FAQ's about DUI charges in SC. It’s packed with straight answers to help you understand what’s going on and what steps you should take. Let’s dive in and get you the info you need.
What if I got my blood drawn without my consent?
If you’ve been dealing with drunk driving charges and found out that a law enforcement officer had your blood drawn without your consent, you’re probably wondering what that means for your case.
Getting your blood drawn without saying “okay” can be a big deal, especially when it comes to a criminal offense like DUI.
Will I need to use an interlock device?
Whether or not you’ll need one depends on your case and what the court decides. Sometimes, if it’s your first offense or if you’re in an alcohol treatment program, the court might require you to use an interlock device as part of your sentence. Your criminal defense lawyer can help explain how it works and what to expect, so you’re not left guessing.
Can a DUI charge be reduced or dismissed?
The good news is, it’s possible! Sometimes, if you were just a bit over the legal limit or if there were issues during your administrative hearing, your lawyer might be able to get the charges lessened or dropped altogether. This can help when it comes to avoiding potential penalties, like losing your license or paying big fines.
Will I be able to drive after I get a DUI?
Losing your driver's license can be a significant inconvenience, particularly for those who rely on transportation to attend work, school, and social activities. What happens next depends on things like your blood alcohol concentration (BAC) at the time of the arrest, whether you had proof of insurance, and what the court decides.
Sometimes, you might be able to get a restricted license that lets you drive to certain places, like school or work, even if your regular license is suspended. Plus, it's important to know that a DUI can end up on your permanent record, which could affect your ability to drive in the future.
Conclusion
When it comes to DUI cases, having an experienced criminal defense attorney on your side makes all the difference. Our team has successfully defended thousands of clients, using our insights and skills to navigate even the toughest legal challenges. With the right approach, a successful defense can help you avoid harsh penalties, including prison time.
Call us now to get expert help and put our proven track record to work for you. Your future deserves the best defense possible.