A DUI arrest in Greenville, SC can turn your world upside down in an instant. Suddenly, you’re facing a complex legal process, potential jail time, and the very real threat of losing your driving privileges. This is where a Greenville DUI lawyer becomes your most valuable asset, providing a deep understanding of South Carolina’s complex drunk driving defense. The decisions you make immediately following an arrest are crucial and will significantly impact the outcome of your case.
Don’t navigate this alone. A knowledgeable DUI lawyer can guide you through every step, from the initial license suspension hearing to developing a robust defense strategy in court. You need a dedicated professional who will leave no stone unturned in fighting for your rights and freedom.
If you or a loved one are facing DUI charges in Greenville, contact our criminal defense law firm today at (864) 618-2323 for a confidential criminal case review.
Understanding South Carolina DUI Laws and Your Rights
South Carolina has strict implied consent laws, meaning that by operating a vehicle, you’ve consented to chemical testing of your blood, breath, or urine if arrested for DUI. Refusing a field sobriety test by police officers or chemical testing can lead to an automatic license suspension by the DMV, separate from any criminal penalties. Understanding these legal nuances is the first step in building a strong defense.
Law enforcement officers, including police officers, must follow specific procedures during a DUI stop and arrest. Any deviation from these protocols, such as improper administration of a field sobriety test or a violation of your constitutional rights, could be grounds to challenge the evidence against you. A skilled Greenville DUI lawyer will meticulously review the details of your arrest to identify any such errors.
First-time DUI offense
In South Carolina, a first-time DUI is a misdemeanor offense, which is punishable by a $400 fine, up to 30 days in jail, and 6-month license revocation for DUI offense with a BAC under 0.10%, or by a $500 fine, up to 30 days in jail, and 6-month driver’s license revocation for those with a BAC ranging between 0.10 and 0.16%, and with a $1,000 fine, up to 90 days in jail, and 6-month license revocation for those with a BAC above 0.16%
Second-time DUI offense
This is a misdemeanor offense which is punishable by a $5,100 fine, up to 1 year in jail, and 1-year license revocation for repeat DUI offenders with a BAC under 0.10%, or by a $5,500 fine, up to 2 years in jail, and 1-year license revocation for defendants with a BAC of 0.10-0.16%, or by $6,500 fine, up to 3 years in jail, and 1-year driver’s license revocation for defendants with a BAC above 0.16%.
Third DUI offense
This is a misdemeanor offense, punishable by a 6,300 fine, up to 3 years in jail, and 2- or 4-year license revocation for those with a BAC under 0.10%, or by a $7,500 fine, up to 4 years in jail, and 2- to 4-year driver’s license revocation for those with a BAC ranging between 0.10-0.16%, or by a $10,000 fine, up to 5 years in jail, and 2- to 4-year license revocation period for those with a BAC above 0.16%.
Fourth or subsequent DUI offense
This is a felony DUI offense, punishable by lifetime license revocation and up to 5 years in jail for defendants with a BAC under 0.10%, or by permanent license revocation and up to 6 years in jail for DUI offenders with a BAC ranging between 0.10and 0.16%, or by lifetime license revocation and up to 7 years in jail for defendants with a BAC above 0.16%.
Along with the above criminal penalties, a breath alcohol ignition interlock device may be required once a driver’s license suspension period lapses.
The Role of a Greenville DUI Lawyer in Your Defense
When you are arrested for a DUI in South Carolina, your future depends on the quality of your criminal defense. A local law firm with a reputation for excellence understands the local magistrate courts and legal landscape. This knowledge can make a positive difference in your case. A dedicated DUI attorney, like those at Touma Law Group, will provide an aggressive defense strategy tailored to the unique circumstances of your situation.
Your attorney will conduct a detailed case analysis, scrutinizing everything from the initial traffic stop to the results of any chemical testing. They will explore all possible avenues for your drunk driving defense, including challenging the legality of the stop, the accuracy of the breathalyzer or urine testing, or the qualifications of the arresting officers. The goal is to secure favorable outcomes in all criminal cases, whether that means a dismissal, a reduction of charges, or an acquittal at trial.
Did you know? You can be charged for an underage DUI in South Carolina.
Challenging Evidence and Building Your Defense
One of the most critical aspects of a DUI case is challenging the prosecution’s evidence. The bodily alcohol content (BAC) measured by chemical tests is a central piece of evidence. However, these tests are not infallible. An experienced DUI lawyer can question the calibration of the testing equipment, the chain of custody for the sample, and the training of the personnel who administered the test.
Similarly, a lawyer can challenge the validity of field sobriety tests. Factors like medical conditions, fatigue, or even the type of shoes you were wearing can affect your performance, making the test results unreliable. By highlighting these potential inaccuracies, your lawyer can create reasonable doubt about whether you were actually impaired.
Navigating License Suspension Hearings
A DUI arrest often triggers two separate legal battles: the criminal case and an administrative hearing regarding your license suspension. Your Greenville DUI attorney will represent you in both. They can challenge the automatic suspension and fight to get your license back, allowing you to maintain your freedom and ability to get to work and school while your criminal case is pending.
The Benefit of an Aggressive Defense
Facing a felony DUI or any serious criminal cases requires an aggressive defense. A lawyer who takes an aggressive stance from the very beginning can often influence the prosecutor’s decision and lead to a better plea bargain or a dismissal. This approach shows the court that you are serious about your defense and are not willing to accept a guilty plea without a fight.
Choosing the Right Greenville DUI Lawyer
When searching for a DUI lawyer in Greenville, consider firms that prioritize communication and a client-centered approach.
- Direct Access: Look for a lawyer who provides a personal cell phone number so you can reach them for urgent matters, rather than leaving a message on an answering machine. This shows dedication and ensures your questions are answered promptly.
- Supportive Staff: The entire legal team, including the wonderful staff and office staff, should work tirelessly to support your case. They should treat you with the utmost respect and empathy, understanding that a DUI charge can significantly impact your life.
- Reputation and Experience: Before making a decision, check the law firm’s reputation for excellence by looking at their social media, Google reviews, or client testimonials. A strong track record of success and a wealth of knowledge are key indicators of their ability to handle your case effectively.
Schedule you free consultation with Touma Law Group today!
The Touma Law Group Difference
At Touma Law Group, our entire staff believes that every single penny you invest in your defense should be put to good use. We do not believe in taking shortcuts or leaving any stone unturned. Our criminal defense lawyers’ unmatched experience demonstrates how passionate they are about protecting your constitutional rights and ensuring the best possible outcome, as you can see from testimonials from clients.
We know how stressful and confusing the legal process can be, and our goal is to simplify it for you. We will walk you through the entire process, from your initial phone calls to the final court date, explaining your options and potential defense strategies in a clear, easy-to-understand manner.
Your freedom and future are too important to leave to chance. With an experienced Greenville DUI lawyer by your side, you can face the challenges ahead with confidence.
Don’t wait. Protect your future by calling us today (864)618-2323 for a free and confidential consultation.