10 Questions to Ask a Rock Hill DUI Lawyer

10 Questions to Ask a Rock Hill DUI Lawyer

by | Mar 1, 2024 | DUI Lawyer

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When you are facing a DUI charge in South Carolina, you need to ensure that you are making smart choices. Working with an experienced DUI lawyer is critical, and your first step is to schedule a free consultation as soon as possible after your DUI arrest.

A free consultation is your opportunity to gather as much information as possible. This includes information about your charges, what you can expect in court, and what you can expect if you get convicted. It also includes information about the lawyer you have chosen to contact. Simply put, some lawyers are better than others, and you need to be confident that you have chosen the right lawyer for you.

What to Ask During Your Free Consultation with a DUI Lawyer

How can you make sure you have the information you need to make smart choices about your South Carolina DUI case? Here are 10 questions you should feel free to ask when you sit down with a lawyer:

1. How Much Experience Do You Have Handling DUI Cases?

When facing a DUI charge in South Carolina, it is important to put experience on your side. You will want to choose a lawyer who has several years—if not several decades—of experience representing individuals who have been arrested on suspicion of drunk driving. A lawyer who only has limited experience handling DUI cases might be good in general, but he or she might not be the right choice to represent you.

2. Have You Handled DUI Cases in the Court Where My Case is Pending?

Different courts have different rules, procedures, and tendencies. As a result, when facing a DUI charge, it is also a good idea to look for a lawyer who has specific experience representing clients in the court where your DUI case is pending. For example, an experienced DUI lawyer with offices in Rock Hill should be very familiar with the courts in York County, whereas a lawyer located upstate or in the Lowcountry might not have the local knowledge you need.

3. What Penalties Am I Facing?

One of the most important things you need to know when facing a DUI charge is what is at stake in your case. In South Carolina, all types of DUI charges carry serious penalties, and even first-time offenders can face jail time. An experienced South Carolina DUI lawyer will be able to walk you through everything that is on the table so that you can make informed decisions about how to approach your defense.

4. How Can You Defend Me in Court?

While your lawyer will need to gain a thorough understanding of the facts surrounding your arrest to provide a full case assessment, an experienced DUI lawyer should be able to provide a general overview of the defenses you may have available. While there are several potential defenses to DUI charges in South Carolina, not all defenses are available in all circumstances.

5. What If I Believe the Police Profiled Me or Violated My Rights?

If the police profiled you or violated your constitutional rights during your arrest, this could provide you with a defense in court. The police must follow the law at all times; and, when they don’t, this can render any evidence they obtain in violation of suspects’ rights inadmissible at trial. If the state’s evidence against you is inadmissible, prosecutors won’t be able to secure a conviction.

6. What If I Was Driving Drunk?

Let’s say the police caught you driving drunk. If you are guilty and you know it, does this mean that you should plead guilty in court?
The short answer is, “No.” Even if you were driving under the influence, you may still have several defenses available. If you find yourself in this situation, we encourage you to read: How To Handle a South Carolina DUI Case When You Were Driving Drunk.

7. Should I Consider a Plea Bargain?

If you got caught driving drunk and prosecutors have the evidence they need to win a conviction in court, negotiating a plea bargain could be your best option. But, this isn’t necessarily the case, and you will want to discuss this option with your DUI lawyer to ensure that you are making an informed decision.

8. Is My DUI Case Eligible for Diversion?

If this is your first time facing a DUI charge in South Carolina, you may be able to avoid the consequences of a conviction by entering into one of the state’s diversion programs. If you enter into a diversion program and meet all of the program’s requirements, your arrest will be wiped from your record and you won’t have to go to trial. However, completing a diversion program requires time and effort—and there are financial costs involved—so it is critical to ensure that you are making an informed decision here as well.

9. How Can I Get in Touch with You During My Case?

When you have a DUI case pending in South Carolina, you must be able to get in touch with your lawyer when you have questions. During your initial consultation with a DUI lawyer, you should feel free to ask about the lawyer’s availability and whether you will be able to get in touch by phone, text, or email.

10. How Much Do You Charge for DUI Cases?

Finally, when you hire a DUI lawyer to represent you, your legal fees should be completely transparent. You should be able to find out exactly how much you will pay for your lawyer’s services. This way, you can weigh the costs and benefits of legal representation against the risks of trying to handle your case on your own.

Request a Free Consultation with a Rock Hill, SC DUI Lawyer

Are you facing a DUI charge in South Carolina? If so, we encourage you to contact us for a free, no-obligation consultation. To speak with an experienced DUI lawyer in Rock Hill, SC in confidence, please call 803-328-8822 or send us a message online today.

Felony DUI in South Carolina: What You Need to Know After Your Arrest

Felony DUI in South Carolina: What You Need to Know After Your Arrest

by | Feb 1, 2024 | DUI Charges, DUI Lawyer

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Are you facing a felony after a drunk driving arrest in South Carolina? While most DUI charges are misdemeanors in South Carolina, a DUI can be elevated to a felony in some cases. The risks of facing a felony DUI are far more severe than the risks of facing a misdemeanor DUI—though both carry the potential for fines, jail time, and other penalties.

When is a DUI a felony in South Carolina? If you are facing a felony DUI charge, what defenses can you use to protect yourself? Rock Hill DUI defense lawyer Michael Brown explains what you need to know:

Misdemeanor vs. Felony DUI in South Carolina

As we mentioned above, most DUI charges are misdemeanors in South Carolina. If the police pull you over on suspicion of driving under the influence and you get arrested, you will most likely be facing a misdemeanor charge. This is true regardless of your level of impairment.

So, when is a DUI a felony? In South Carolina, you can be charged with a felony DUI if you cause great bodily injury or death while driving under the influence. This could mean that you:

  • Caused a collision with another vehicle
  • Hit a motorcycle
  • Hit a pedestrian or cyclist
  • Caused a single-vehicle crash that seriously injured or killed your passenger
  • Collided with a building injuring or killing someone inside

South Carolina law defines “great bodily injury” as, “bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.” Thus, causing a minor accident that only results in scrapes and bruises should not lead to a felony DUI charge. But, if you cause an accident that puts someone’s life at risk or that alters their life for months or years to come, you can expect to face a felony DUI charge in South Carolina.

Felony DUI Penalties in South Carolina

If you are facing a felony DUI charge, the penalties you are facing depend on the consequences of the accident that you caused (or allegedly caused). While the penalties for causing great bodily injury are much higher than the penalties for a misdemeanor DUI, the penalties for causing a fatal accident while driving under the influence are even greater:

  • Felony DUI Involving Great Bodily Injury – A mandatory fine of $5,100 to $10,100 (plus thousands of dollars in assessments and surcharges) and 30 days to 15 years behind bars.
  • Felony DUI Involving Death – A mandatory fine of $10,100 to $25,000 (plus thousands of dollars in assessments and surcharges) and 1 to 25 years behind bars.

A felony DUI conviction can also result in a long-term driver’s license suspension or permanent driver’s license revocation, along with other costs and penalties. If you are also being charged with an implied consent violation (for refusing the breathalyzer), endangering a child passenger, and/or other violations, you are facing additional penalties for these charges as well.

Defenses to a Felony DUI in South Carolina

If you have been arrested for causing an accident while driving under the influence in South Carolina, what defenses can you use to fight your felony DUI charge? The answer to this question depends on the facts of your case. DUI cases are always fact-specific, and understanding the facts leading up to your accident and arrest will be a key first step toward determining what defenses you have available. With this in mind, some examples of potential defenses include:

Insufficient Evidence of Impairment

One option for fighting your felony DUI charge may be to challenge the prosecution’s evidence of impairment. Even if you caused an accident, if you weren’t driving drunk, you don’t deserve to be convicted of a felony DUI.

Challenging the prosecution’s evidence of impairment could involve challenging your field sobriety test (FST) results, showing that your blood alcohol concentration (BAC) reading is unreliable, or raising questions about the prosecution’s evidence through other means. But, don’t forget that prosecutors have two ways to prove DUI in South Carolina. If your driving abilities were impaired, prosecutors don’t need your BAC. Conversely, if your BAC was over the legal limit, prosecutors don’t need evidence that your driving abilities were impaired.

You Didn’t Cause the Accident

Another way to defend against a felony DUI charge is to show that the accident wasn’t your fault. If you got hit by someone else, this shouldn’t expose you to the life-altering consequences of a felony conviction.

The Police Violated Your Constitutional Rights

You may also be able to defend against your felony DUI charge by showing that the police violated your constitutional rights. If the police arrested you without probable cause or questioned you in custody without reading your Miranda rights, this could render the prosecution’s evidence inadmissible in court.

What if you caused an accident while driving drunk, and what if the police followed all of the necessary procedures to conduct a lawful arrest? In this scenario, you could be facing an uphill battle. But, the prosecution still has the burden of proof; and, if prosecutors cannot prove your guilt beyond a reasonable doubt, you are entitled to walk free. But, this may also be a scenario in which seeking a plea bargain is the best path forward. Negotiating a favorable plea bargain can significantly reduce the consequences of your arrest when avoiding a conviction entirely is unlikely. An experienced DUI defense lawyer will be able to help you make informed decisions about how to approach your case with your long-term best interests in mind.

Schedule a Free Consultation with an Experienced Rock Hill DUI Defense Lawyer

If you need to know more about defending against a felony DUI charge in South Carolina, we encourage you to contact us promptly for a free consultation. To speak with an experienced Rock Hill DUI defense lawyer in confidence as soon as possible, call 803-328-8822 or tell us how we can contact you online today.

DUI Defenses: Fighting Your SC DUI When You Failed the Field Sobriety Tests

DUI Defenses: Fighting Your SC DUI When You Failed the Field Sobriety Tests

by | Jan 1, 2024 | DUI Charges, DUI Lawyer

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When you are facing a DUI charge in South Carolina, building a comprehensive defense strategy is absolutely essential. Prosecutors may have several forms of evidence available, and even if you can successfully challenge one piece of evidence, the remaining evidence may still be enough to establish your guilt beyond a reasonable doubt.

Then, there is the fact that prosecutors have two ways to prove a DUI charge in South Carolina. Under the state’s DUI statute, you can be found guilty if your blood alcohol concentration (BAC) is over the legal limit or your “faculties to drive are materially and appreciably impaired.” Prosecutors do not need to prove both.

As a result, while many people focus on their BAC, challenging your BAC reading alone may not be enough to protect you. If you took the field sobriety tests (FSTs), you may need to challenge your FST results as well (in addition to challenging any other evidence prosecutors have in their possession).

Challenging Your Field Sobriety Test Results: The Officer Administered the Tests Improperly

One way to challenge your field sobriety test results is by demonstrating that your arresting officer administered the tests improperly. Police officers must take several steps to properly administer each of the three FSTs—and, if they don’t take all of these steps, this can render your test results unreliable.

The steps police officers must take when administering the field sobriety tests include:

Horizontal Gaze Nystagmus

  • Hold the stimulus approximately 12 to 15 inches from the nose and just above eye level.
  • Check for equal pupil size and resting nystagmus.
  • Check for equal tracking and smooth movement in both eyes, then repeat.
  • Check for each eye being held at maximum deviation for a minimum of four seconds, then repeat.
  • Check that each eye moves slowly from the center to 45 degrees, then repeat.
  • Check for vertical gaze nystagmus, then repeat.

Walk and Turn

  • Instruct the suspect to place their feet on a line, heel-to-toe with arms at their sides.
  • Ask if the suspect understands the instructions.
  • Tell the subject to take nine heel-to-toe steps.
  • Explain the turning procedure.
  • Tell the suspect to count steps out loud, look at their feet while walking, and not raise their arms.
  • Do not tell the suspect to stop once they begin.
  • Ask again if the suspect understood all of the instructions.

One Leg Stand

  • Instruct the suspect to stand straight, place their feet together, and hold their arms at their sides.
  • Ask if the suspect understands the instructions.
  • Tell the suspect to raise one leg approximately six inches off of the ground.
  • Tell the suspect to keep both legs straight and look at their elevated foot.
  • Tell the suspect to count seconds out loud until told to stop (up to 30 seconds).

If your arresting officer cannot testify that he or she took all of the required steps to properly administer the field sobriety tests during your DUI stop, this may be enough to keep your FST results out of court. But, even if the officer properly administered the FSTs, you may still have defenses available—as we discuss below.

Challenging Your Field Sobriety Test Results: Other Factors Render Your Results Unreliable

While the field sobriety tests can serve as evidence of intoxication in a DUI case, they are also notoriously unreliable. Several factors besides a person’s intoxication can lead to a “failure” of one or more of the FSTs. These include (but are not limited to) factors such as:

  • Medical conditions that affect a person’s balance.
  • Medical conditions that affect a person’s eye movement.
  • Wearing shoes or clothes that make it difficult to balance.
  • Walking or standing on gravel, muddy ground, or an angled shoulder.
  • Having headlights or bright sunlight in your eyes.
  • Not being able to see adequately in the dark.
  • Attempting to take the field sobriety tests in rainy or windy conditions.

If any of these factors (or any other non-alcohol-related factor) played a role in causing you to “fail” the field sobriety tests, then prosecutors should not be able to use your test results against you. In this scenario, your test results are not evidence of impairment, and they should not put you at risk for a life-altering conviction.

When considering these types of defenses, it is important to remember that you do not need to prove your innocence to avoid a conviction. The burden of proof always rests with the prosecution. So, if your attorney can raise the possibility that a non-alcohol-related factor led to your “failure” of the FSTs, this could be enough to keep your FST results from being used against you.

Challenging Your Field Sobriety Test Results: The Police Stopped You Without Reasonable Suspicion

A third option for challenging your field sobriety test results is challenging the reason for your traffic stop. To conduct a lawful traffic stop, the police must have “reasonable suspicion” that you committed (or are in the process of committing) a traffic violation or crime. Stopping you without reasonable suspicion violates your constitutional rights, and it can serve as grounds for a motion to have all of the evidence from your traffic stop excluded from your DUI trial.

As with all types of DUI defenses, determining how you can challenge your field sobriety test results requires an in-depth assessment of the facts of your case. To ensure that you are defending yourself by all means available, you should discuss your case with an experienced SC DUI defense lawyer as soon as possible.

Request a Free and Confidential Consultation with a SC DUI Defense Lawyer

Do you need to know more about how to challenge your field sobriety test results after a DUI arrest in South Carolina? If so, we invite you to get in touch. With offices in Rock Hill, we handle DUI cases throughout South Carolina. To discuss your case with an experienced SC DUI defense lawyer in confidence, call 803-328-8822 or request a free consultation online now.

Important Lessons for Individuals Facing DUI Charges in South Carolina: 2023 Recap

Important Lessons for Individuals Facing DUI Charges in South Carolina: 2023 Recap

by | Dec 31, 2023 | DUI Charges, DUI Lawyer

If you are facing a DUI charge in South Carolina, there is a lot you need to know. Whether this is your first time facing charges or you are facing charges as a repeat offender, you have a lot at stake, and you need to be very careful to protect yourself.

When you are facing a DUI charge in South Carolina, one of the keys to protecting yourself is making informed decisions. The more you know, the more you do to mitigate your risk of facing unnecessary consequences. With this in mind, here are some important lessons we’ve covered throughout the year:

Handling Your DUI Case if You Were Driving Drunk

While some people who get DUIs are sober, lots of people who get DUIs are driving drunk at the time of their arrest. If you were driving drunk when you got arrested, what does this mean for your defense? Should you accept the consequences and move on? Or do you still have options for fighting your DUI?

In South Carolina, there are several ways to fight a DUI charge, even if you were under the influence behind the wheel. To learn about the options you may have available, you can read: How To Handle a South Carolina DUI Case When You Were Driving Drunk.

What Is the “Best” Defense to a DUI?

Let’s say you are facing a DUI charge, and let’s say you were intoxicated at the time of your arrest. In this scenario, what is the best way to fight your DUI?

The short answer is, “It depends.” As we just mentioned, there are several ways to fight a DUI charge, even if you were driving drunk. But, the defenses that you can use depend entirely on the facts of your case. With this in mind, there is no single “best” defense—and the best defense for you is the one that will minimize the consequences of your arrest as much as possible. Learn more: What is the Best Defense to a DUI in South Carolina?

What if the Police Recorded You with a Dash Cam?

Prosecutors in South Carolina can use several forms of evidence to prove DUI charges. One of these forms of evidence is dash camera footage. But, sometimes, having your traffic stop and arrest caught on camera can work to your advantage.

Was your DUI stop caught on camera? If so, here’s what you need to know: How Can Dash Camera Footage Help (or Hurt) Your Defense in a South Carolina DUI Case?

Consequences of Taking (or Refusing) a Breath Test

Under South Carolina’s implied consent law, you are required to take a breath test during your DUI stop in most cases. But, there are exceptions—and if you refused the breath test, knowing whether any of these exceptions apply is extremely important.

Why? Because if you refused the breath test, you could face penalties for an “implied consent violation” even if you weren’t driving under the influence. Additionally, prosecutors may also be able to use your refusal against you in your DUI case. Learn more: Can You Get Convicted of DUI if You Refuse a Breath Test in South Carolina?

Consequences of Causing an Accident While Driving Drunk

While the consequences of a DUI can be substantial, they can be even more significant if you cause an accident while driving under the influence. South Carolina’s DUI laws impose enhanced penalties in cases involving “great bodily injury” or death.

As a result, if you are facing a DUI charge after an accident in South Carolina, you must discuss your case with a lawyer as soon as possible. To learn what you have at stake, you can read: Fighting a DUI Involving Great Bodily Injury (or Death) in South Carolina.

Don’t Fall for These South Carolina DUI Myths

As we said in the introduction, making informed decisions is critical for protecting yourself when you are facing a DUI. With this in mind, you need to avoid falling for any of the all-too-common myths that you will find online.

For example, while jail time isn’t a risk for first-time offenders in some states, it is a risk for first-time offenders in South Carolina. While you might be able to avoid jail time with experienced legal representation, there are no guarantees. If you are facing a DUI charge, we strongly encourage you to read:  South Carolina DUI Myths: What You Really Need to Know After a Drunk Driving Arrest.

Protecting Yourself After a DUI Arrest

Making sure you don’t fall for common myths is just one of numerous steps you need to take to protect yourself after a DUI arrest in South Carolina. You need to take your case very seriously, and you need to make sure you do everything you possibly can to protect yourself.

What specifically do you need to do if you’ve been arrested for DUI? Find out here: 10 Steps to Protect Yourself After a DUI Arrest in South Carolina.

How Hard Is It to Fight a DUI?

So, you know that fighting your DUI is important. But, how realistic is it to fight your charge successfully?

While fighting a DUI charge isn’t easy, there are several potential defenses to drunk driving charges under South Carolina law. Although you will struggle to protect yourself if you try to handle your case on your own, you can significantly improve your chances of securing a favorable outcome by hiring an experienced defense attorney. Learn more: How Hard Is It to Fight a DUI Charge in South Carolina?

Are You Facing DUI Charges in South Carolina? Schedule a Free Consultation Today

We provide experienced legal representation for individuals who are facing DUI charges in South Carolina. If you are facing the consequences of a drunk driving arrest, we can use our experience to protect you by all means available. To learn more in a free and confidential consultation, call 803-328-8822 or tell us how we can reach you online today.

How To Deal with a DUI in South Carolina During the Holiday Season

How To Deal with a DUI in South Carolina During the Holiday Season

by | Oct 20, 2023 | DUI Lawyer

It’s hard to believe, but the holiday season is approaching. As discussed last year, local and state law enforcement agencies in South Carolina have increased their efforts to target drunk drivers during the holiday season. This, combined with the fact that Halloween, Thanksgiving, and New Year’s Eve are among the most dangerous nights to drive, means that many South Carolina residents and visitors will likely face driving under the influence (DUI) charges in the coming months.

If you find yourself dealing with a DUI during the holiday season in South Carolina, here’s what you need to know:

What To Do If You’re Dealing with a Holiday DUI

While you may be tempted to ignore your DUI during the holiday season, this isn’t an option. If you miss a DUI, your case will proceed in court without you, almost certainly resulting in a conviction.

Can’t you deal with the consequences after the fact? Technically, you can. But you don’t want to. It is important not to misunderstand the seriousness of your situation. In South Carolina, DUI is a criminal offense, and even first-time offenders can face thousands of dollars in fines and surcharges, loss of driving privileges, and up to 48 hours in jail.

With this in mind, you need to contact a defense lawyer promptly. A local DUI defense lawyer can explain everything you need to know and walk you through the steps you need to take to protect yourself. This includes critical steps such as:

  • Make Sure You Attend Your Initial Appearance: Unless your DUI defense lawyer advises otherwise, you must attend your initial appearance. If you don’t, you can be charged with failure to appear, which can have serious adverse consequences. Even if it means changing your holiday travel plans, you must prioritize your DUI case and do what is necessary to protect yourself.
  • Learn About Potential DUI Defenses in South Carolina. There are various ways to fight a DUI charge in South Carolina. With that said, the options you have available depend entirely on the facts of your case. You should learn about the types of DUI defenses that are available, and you should think about which ones might apply to your case.
  • Learn About the “Defenses” That Don’t Work There are many misconceptions about DUI cases in South Carolina, including the available defenses. As you prepare to deal with your DUI charge during the holiday season, you must ensure that you aren’t planning to rely on any of these common “defenses” that don’t work.
  • Keep the Facts (and Your Opinions) to yourself. When facing a DUI charge in South Carolina, you should only discuss your case with your defense lawyer. You should not post on social media or share details with friends or coworkers. If you post or say anything prosecutors can use against you, they will not hesitate to do so.
  • Make Sure You Understand What Is At Risk. Along with the penalties mentioned above, a DUI conviction in South Carolina can have various other serious consequences. To ensure that you make informed decisions, you must understand what is at risk in your case.

What Not To Do if You’re Dealing with a Holiday DUI in South Carolina

When facing a DUI charge in South Carolina, knowing what to do and what not to do is equally important. Here are five examples of what not to do when you are dealing with a DUI during the holiday season:

  • Don’t Drive if Your License is Suspended – When you got arrested for DUI, your driver’s license may have been suspended immediately. If your license is suspended, you should not drive. Driving on a suspended license also carries severe penalties in South Carolina, and you do not want the judge to find out that you broke the law while your DUI case was pending.  
  • Don’t Drink and Drive (Again): Regardless of whether your driver’s license has been suspended, you should not drink and drive. Not only is drinking and driving dangerous, but getting a second DUI will increase your risk significantly. Repeat offenders face enhanced penalties in South Carolina, including thousands of dollars in fines and a minimum of five days in jail.
  • Don’t Rely on Common Myths About South Carolina DUIs – As we said above, there are a lot of misconceptions about DUI charges in South Carolina. As you move forward, you must ensure you rely on sound legal advice and not common myths that simply aren’t true.
  • Don’t Plead Guilty So You Can Enjoy the Holidays – The quickest way to resolve your DUI case is to plead guilty during your initial appearance. However, this is rarely the right choice. While you may be tempted to put your case behind you so that you can focus on enjoying the holidays, the consequences aren’t even close to worth it.
  • Don’t Make Other Costly Mistakes. This is just a tiny sampling of the mistakes you must avoid when facing a DUI during the holiday season in South Carolina. It would help if you avoided many other mistakes—including mistakes that could land you in jail unnecessarily. While dealing with a DUI during the holidays isn’t easy, it is essential, and you must ensure you are doing everything you can to protect yourself to the fullest extent possible.

Discuss Your Case with a DUI Defense Lawyer in Rock Hill, SC

Did you get a DUI during the holiday season in South Carolina? If so, we can help, but you must contact us promptly. To speak with a DUI defense lawyer in Rock Hill, SC, about your case in confidence as soon as possible, call 803-328-882 or tell us how we can reach you online now.

South Carolina DUI Myths: What You Really Need to Know After a Drunk Driving Arrest

South Carolina DUI Myths: What You Really Need to Know After a Drunk Driving Arrest

by | Sep 1, 2023 | DUI Charges, DUI Lawyer

If you are facing a DUI charge in South Carolina, it will be essential to separate myth from reality. There are many DUI myths out there, and if you rely on insufficient information, you could make poor decisions that negatively impact your life for years.

So, what do you need to know if facing a DUI charge in South Carolina? Here is the truth behind seven common myths about dealing with the consequences of a drunk driving arrest:

Myth #1: A DUI Isn’t a Serious Crime

Since a DUI is many people’s first introduction to the criminal justice system, these cases aren’t heavily punished. Sometimes, a DUI is treated as a traffic violation rather than a criminal offense.

Truth: In South Carolina, DUI is a severe crime.

In South Carolina, DUI is a criminal offense that carries the potential for fines, a driver’s license suspension, and various other penalties. While some states classify certain DUI offenses as traffic violations, South Carolina law classifies all DUIs as crimes. Most DUI charges are misdemeanors; however, prosecutors can pursue felony DUI charges in some cases.

Myth #2: You Won’t Go to Jail as a First-Time DUI Offender

If you get convicted of DUI, you might face fines and other penalties, but you won’t go to jail. Since jail time isn’t on the table, handling your DUI case alone is okay.

Truth: All DUI charges carry potential jail time under South Carolina law.

In South Carolina, first-time offenders with a blood alcohol concentration (BAC) of 0.080% to 0.099% face a minimum of 48 hours of jail time. However, first-time offenders can also be sentenced to up to 30 days. While community service may be available as an alternative to jail time in some cases, DUI defendants must know how to seek community service effectively.

Myth #3: Prosecutors Won’t Be Able to Convict You if They Don’t Have Your BAC

Prosecutors need your BAC to secure a conviction. If you refused the breath test, or if you can argue that your test result is unreliable, this is enough to avoid a DUI conviction.

Truth: Your BAC is just one of numerous forms of evidence prosecutors can use to prove drunk driving.

Prosecutors don’t need your BAC to secure a conviction. While a high BAC reading can be strong evidence of guilt, it is just one of several types of evidence that may be available. Additionally, suppose prosecutors don’t have your BAC because you refused the breath test. In that case, you can be charged with an “implied consent” violation regardless of whether you were drunk, and prosecutors can also use your refusal against you in your DUI case.

Myth #4: If Prosecutors Have Your BAC, You Might As Well Plead Guilty

If you took a breath test and blew above the legal limit, you might as sufficiently plead guilty. If prosecutors have your BAC, you can do nothing to avoid a conviction.

Truth: Even if prosecutors have your BAC, you may still have several options for fighting your DUI.

A high BAC does not guarantee a guilty verdict. There are several ways to dispute the reliability of your BAC reading and potentially to keep your BAC reading out of court. When you hire an experienced DUI defense lawyer, your lawyer will examine all options for dealing with your high BAC reading, from showing that the breathalyzer device wasn’t recently calibrated to arguing that all of the prosecution’s evidence is inadmissible because your traffic stop or arrest violated your Fourth Amendment rights.

Myth #5: You Can’t Get a Plea Deal in a DUI Case

In DUI cases, negotiating a plea deal isn’t an option. You will need to fight your DUI charge in court, and, if you aren’t successful, you will get convicted.

Truth: In South Carolina, it is possible to negotiate a plea deal in a DUI case.

While this is true in some states, it isn’t true in South Carolina. Prosecutors will consider plea deals in appropriate cases. If it makes sense to negotiate a plea in your case, your defense lawyer can argue for a reduced charge that mitigates the consequences of your drunk driving arrest.

Myth #6: Once You Serve Your Sentence, You Will Be Able to Move On with Your Life

While getting convicted of DUI isn’t ideal, once you serve your sentence, you can move on with your life. Your DUI will be in the past, and you will be able to forget that it ever happened.

Truth: A DUI conviction can negatively impact your life long after you serve your criminal sentence.

A South Carolina DUI conviction stays on your record after you serve your sentence. This means that it will show up in background checks when you apply to school, apply for a job, apply for a loan, and apply for housing. As a result, a DUI conviction can truly impact all aspects of your life.

Myth #7: You Don’t Need a Defense Lawyer to Represent You

Given the cost of hiring a defense lawyer, you might as well handle your DUI case alone. The legal fees aren’t worth it, and the judge will go easy on you if you aren’t represented.

Truth: Handling a DUI case alone can be far more costly than hiring a defense lawyer.

When facing a DUI charge in South Carolina, an experienced defense lawyer can help you in numerous ways. If your lawyer can help you negotiate a plea deal or avoid a conviction, your legal fees will pay for themselves multiple times.

Discuss Your Case with a DUI Defense Lawyer in Rock Hill, SC

If you need to know more about facing a DUI charge in South Carolina, we encourage you to contact us promptly. For a free and confidential consultation with an experienced DUI defense lawyer in Rock Hill, call 803-328-8822 or request an appointment online today.