When you are facing a DUI charge in South Carolina, it is critical to ensure that you are making informed decisions. Drunk driving convictions have serious consequences, and if you aren’t careful, you could face these consequences unnecessarily.

5 Reasons It Is Worth Fighting Your SC DUI

With this in mind, if you are wondering whether it is worth fighting your DUI, the answer is a clear, “Yes.” Here are just some of the reasons why:

1. DUI Convictions Carry Substantial Penalties (Even for First-Time Offenders)

If you get convicted of driving under the influence (DUI) in South Carolina, you will face substantial penalties in court. Generally speaking, South Carolina’s DUI penalties include:

• Fines, assessments, and surcharges
• Mandatory alcohol education (and at your expense)
• Driver’s license suspension (and/or mandatory ignition interlock device installation)
• Probation, community service, and/or jail time

For first-time offenders, fines, assessments, surcharges, and the costs of mandatory alcohol education can easily exceed $1,000. If this is not your first offense, a DUI conviction could set you back $10,000 or more. This doesn’t account for any probation, community service, or jail time you may be required to serve—nor does it account for the other costs that can result from a DUI conviction.

2. Losing Your Driver’s License Will Lead to Additional Costs

First-time DUI offenders can lose their driver’s licenses for up to six months. Repeat offenders can lose their driver’s license for a year or longer. Even if you can’t drive your vehicle, you will still have to make your monthly payments—and you will still have to find a way to get everywhere you need to go.

Additionally, suppose your driver’s license is suspended. In that case, you will have to pay a fee to get it reinstated, and you may have to install an ignition interlock device (IID) in your vehicle. Installing an IID and complying with South Carolina’s monitoring requirements can add hundreds of dollars to the cost of your DUI.

3. Having a DUI on Your Record Can Lead to Additional Costs as Well

Beyond the costs you will incur directly as a result of your conviction, having a DUI on your record can lead to additional costs as well. For example, a DUI conviction can have consequences for your:

• Education
• Current employment
• Future job prospects
• Professional license

If you get kicked out of school, lose a job opportunity, or have your professional license suspended because of your DUI, this could have financial consequences for years—or even decades—to come. Your fines, assessments, and surcharges will pale in comparison, and you will likely regret your decision not to fight your DUI for the rest of your life.

4. There Are Several Potential Ways to Avoid the Consequences of a DUI Conviction

Another reason why it is worth fighting your DUI is that there are several potential ways to avoid the consequences of a DUI conviction. For example, depending on the circumstances of your case, your options may include:

• Pre-Trial Diversion (for First-Time DUI Offenders) – If this is your first DUI, you may qualify for pre-trial diversion. If you qualify and if you complete the pre-trial diversion program, your DUI case will be dismissed. To qualify for pre-trial diversion, you do not need to have a defense to driving drunk.
• A Plea Bargain (Accepting Responsibility for a “Wet Reckless”) – If you don’t qualify for pre-trial diversion, you may be able to avoid a DUI conviction by negotiating a plea bargain. Prosecutors will consider plea bargains in most cases, and while you will still need to accept some responsibility (typically in the form of a “wet reckless”), this can have far fewer consequences than having a DUI on your record.
• Keeping the Prosecution’s Evidence Out of Court – Before you consider a plea bargain, you should also consider whether you may be able to keep the prosecution’s evidence out of court. This could be the case, for example, if the police violated your Fourth Amendment rights. If the police conducted an unlawful traffic stop, search, or arrest, the prosecution’s evidence may be inadmissible, and you may be entitled to a pre-trial dismissal.
• Relying on the Prosecution’s Burden of Proof – Of course, you always have the option of fighting your DUI in court. To secure a conviction, prosecutors must be able to prove your guilt beyond a reasonable doubt. Even if you were driving under the influence, if prosecutors can’t prove it, you are entitled to a “Not guilty” verdict at trial.

Again, these are just examples of options you may have available. When you consult with an experienced Rock Hill, SC DUI attorney, your attorney will be able to help you consider all of your options and make an informed decision about how to proceed based on the specific circumstances of your case.

5. Fighting Your DUI Can Be Your Least Costly Option

Finally, and perhaps most importantly, fighting your DUI can be your least costly option. Hiring a Rock Hill, SC DUI attorney doesn’t cost (or doesn’t have to cost) as much as most people think; and, if your attorney is able to help you avoid a DUI conviction, your legal representation will be well worth the investment. It is not an exaggeration to say that a DUI conviction can be a life-altering experience, and, regardless of the facts of your case, you owe it to yourself to protect your future by all means available.

If you are on the fence about hiring an attorney to fight your DUI, we strongly encourage you to schedule a free consultation. This costs you nothing, and it will allow you to make informed decisions about your next steps.

Discuss Your Case with a Rock Hill, SC DUI Attorney for Free

Are you facing a South Carolina DUI charge? If so, we can help, but it is important that you contact us promptly. To speak with an experienced Rock Hill, SC DUI attorney about your case in confidence as soon as possible, call 803-328-8822 or tell us how we can reach you online today.

While all driving under the influence (DUI) charges carry serious consequences in South Carolina, facing a DUI as a repeat offender carries even greater risks than facing a first-time offense. As a result, it is critical to have an experienced DUI defense lawyer on your side. Repeat offenders face enhanced penalties, and when you’ve been in court for a DUI previously, the judge is not going to go easy on you. You need to be prepared to defend yourself by all means available, and this starts with making sure you have a clear understanding of the circumstances of your case.

When Are You Considered a Repeat Offender in South Carolina?

We’ll start at the beginning: When are you considered a repeat offender in South Carolina? To determine if you qualify as a repeat DUI offender, there are three key factors to consider:

1. South Carolina’s 10-Year Rule for Multiple DUIs

While a DUI conviction stays on your record indefinitely in South Carolina, the state has a 10-year “look back” period for prosecuting individuals as repeat offenders. This means that if you get a second DUI within 10 years of your first DUI conviction, you are considered a repeat offender under South Carolina law. However, if you get a second DUI more than 10 years after your first conviction, then your second DUI will be prosecuted as a first-time offense.

For third and subsequent DUIs, the 10-year lookback period applies to all of your prior convictions. In other words, to be prosecuted as a third-time offender, you must have two prior DUIs within the past 10 years. Likewise, to be prosecuted as a fourth-time offender, you must have three prior DUIs within the past 10 years.

2. DUI and DUAC Convictions Both Count as Prior Offenses

Under South Carolina law, there are two different types of drunk driving charges: (i) driving under the influence (DUI); and (ii) driving with an unlawful alcohol concentration (DUAC). Both types of charges count for the purpose of prosecution as a repeat offender.

As a result, if you have a DUAC conviction on your record (because you blew over the legal limit during your previous arrest) and are now facing a DUI charge less than 10 years later, you are still considered a repeat offender under South Carolina law. While these are technically different offenses, they both count for the purpose of determining the penalties that are on the table in your case.

3. Out-of-State DUIs Also Count as Prior Offenses

Generally speaking, out-of-state DUIs also count as prior offenses in South Carolina DUI (and DUAC) cases. While your out-of-state conviction must be equivalent to a DUI (or DUAC) conviction in South Carolina, most out-of-state convictions qualify. South Carolina’s 10-year lookback period applies here as well.

What Are the Penalties for Repeat DUI Offenders in South Carolina?

Let’s say you are being prosecuted as a repeat offender. What penalties are you facing? Under South Carolina law, the penalties for second and subsequent DUI (and DUAC) offenses are as follows:

• Second DUI or DUAC – Up to $10,775 in fines, assessments, and surcharges; five days to one year in jail; and up to a one-year driver’s license suspension.
• Third DUI or DUAC – Up to $13,235 in fines, assessments, and surcharges; 60 days to three years in jail; and up to a two-year driver’s license suspension.
• Fourth DUI or DUAC – One to five years of jail time and permanent revocation of your driver’s license.

These are in addition to the other consequences you can face as a result of having a DUI (or multiple DUIs) on your record. For example, not only can you expect your auto insurance premiums to increase substantially once your driving privileges have been restored, but having multiple DUIs on your record can have educational, employment, professional, military, immigration, and other consequences as well.

How is a DUI Case Different When You Have a Prior Conviction?

If you are facing a DUI (or DUAC) charge as a repeat offender, how is your current case different from your previous one? The short answer is, “It isn’t.” Even when you are being charged as a repeat offender, you have all of the rights afforded to criminal defendants under the U.S. Constitution and South Carolina law—and prosecutors still have the burden of proving your guilt beyond a reasonable doubt.

The one notable exception is that, as a repeat offender, you generally are not eligible for pre-trial diversion. Under South Carolina law, first-time DUI (and DUAC) offenders are eligible for pre-trial diversion in some cases. But, as a repeat offender, avoiding a conviction will generally involve one of the following:

• Seeking to Have Your DUI Charge Dismissed Before Trial – If the police or prosecutors have violated your constitutional rights, or if prosecutors do not have enough evidence to secure a conviction, an experienced DUI defense lawyer may be able to get your case dismissed before trial.
• Negotiating a Plea Deal – If you don’t have grounds to fight your DUI charge, seeking a plea deal could be your best option. While there are no guarantees, an experienced DUI defense lawyer will be able to negotiate with the prosecutor’s office effectively on your behalf.
• Fighting Your DUI Charge at Trial – Sometimes, DUI defendants will have no choice but to fight for their freedom at trial. If taking your case to trial is your best option, you will need to work closely with your DUI defense lawyer to ensure that he or she can protect you by all means available.

While facing a DUI (or DUAC) charge as a repeat offender presents serious risks, you can—and should—hire an experienced DUI defense lawyer to represent you throughout the process. To maximize your chances of avoiding unnecessary consequences, you should schedule a free initial consultation as soon as possible.

Schedule a Free Initial Consultation with a Rock Hill, SC DUI Defense Lawyer Today

If you are facing a DUI charge in South Carolina, we encourage you to contact us promptly. Call 803-328-8822 or tell us how we can reach you online to schedule a free initial consultation today.

Things start to happen quickly when you get arrested for driving under the influence (DUI) in South Carolina. Not only will you have a court date scheduled promptly, but you may also need to attend a separate hearing to protect your driver’s license, and having an arrest on your record can impact your life in other ways.

With this in mind, it is essential to understand the next steps in your DUI case. It is also necessary to understand what will happen if you get convicted—and what you can (and should) do to protect yourself. Keep reading to find out what happens when you get a DUI in SC:

The Next Steps in Your DUI Case

First, we’ll cover the next steps in your DUI case. While there are many steps involved that require experienced legal representation, the significant steps in the process are:

Arraignment

After a DUI arrest in South Carolina, your first appearance in court will be your arraignment. This is where the judge will read the charge (or charges) against you and ask you to enter a plea of guilty, not guilty, or no contest.

Your arraignment may include a bond hearing if you were taken into custody during your DUI stop. During this portion of your arraignment, the judge will decide whether you should be released on bond (or, if you have already been released on bond, whether your bond should remain in place).

Administrative Hearing

Separate from your DUI case, you may also need to attend an administrative hearing. If your driver’s license was suspended because you refused to provide a blood alcohol concentration (BAC) sample or because your BAC was 0.15% or above, requesting an administrative hearing is the only way to get your driver’s license back in the short term.

You must request an administrative hearing within 30 days of your arrest. To restore your driving privileges, you will need to be able to demonstrate that either (i) you did not violate South Carolina’s “implied consent” law; (ii) the police did not comply with the “implied consent” law; or, (iii) your DUI arrest was unlawful.

Plea Deal Negotiations

The next step after an arraignment is often to enter plea deal negotiations. If you are likely to face a DUI conviction at trial, then seeking a plea deal is your best option. Your DUI lawyer will be able to help you determine if this is the case, and if so, your lawyer will be able to negotiate with the prosecutor’s office on your behalf.

Discovery and Pre-Trial Motions

Regardless of whether you seek a plea deal, you will also need to begin preparing for the possibility of trial. While many SC DUI cases end with plea deals, there is no guarantee that prosecutors will make an offer you are willing to accept. Preparing for trial involves taking discovery and filing various pre-trial motions, both requiring experienced legal representation.

Your DUI Trial

If fighting your DUI in court is your best option, then the final step (subject to any appeals) will be to appear at your DUI trial. During your trial, the prosecution will present its case first, and then your DUI lawyer will present your defense.

Prosecutors can use various forms of evidence to prove DUI charges in South Carolina, and your lawyer may be able to use multiple forms of evidence in your defense as well. The judge or jury will decide at the end of your trial (depending on whether you accepted a bench trial or requested a jury trial). If you get convicted, the judge will then impose a sentence. If you are found not guilty, you will be free to leave.

What Happens if You Get Convicted

Let’s say you were to get convicted of DUI at trial. What penalties could you face?

The penalties for a DUI vary depending on three main factors: (i) your BAC at the time of your arrest (if you provided a sample), (ii) whether you have a prior record, and (iii) whether your case involves any aggravating factors. If you were charged with an “implied consent” violation, open container violation, or any other offense, you could also face additional penalties for these charges.

Along with fines, jail time, and other judicial penalties, a DUI conviction in SC can have various other consequences. These include financial, education, employment-related, and housing consequences. In many cases, the collateral costs of a DUI conviction can far exceed the fees you face in court—and this is one of the most important reasons why you need an experienced DUI lawyer on your side.

What You Can (and Should) Do to Protect Yourself

Given everything we’ve discussed, what can (and should) you do to protect yourself after a DUI arrest in SC? As we just mentioned, you need an experienced DUI lawyer. You do not want to try to handle your case alone—the risks simply aren’t worth it.

When you hire an experienced DUI lawyer to represent you, your lawyer will work closely with you to evaluate all potential defenses and assess your options. If this is your first DUI, this may include assessing your eligibility for pre-trial diversion. In any case, your DUI lawyer will help protect you by all means available, and at the end of your case, you can feel confident that you made the right decisions for you and your family.

Schedule a Free Consultation with a Rock Hill, SC DUI Lawyer Today

Are you facing a DUI in SC? If so, we encourage you to contact us promptly for a free, no-obligation consultation. To discuss your situation with an experienced Rock Hill, SC, DUI lawyer in confidence as soon as possible, call 803-328-8822 or tell us how we can help online now.