Can You Get a DUI Charge Reduced in Rock Hill, SC?

Can You Get a DUI Charge Reduced in Rock Hill, SC?

by | Oct 1, 2022 | DUI Charges, dui lawyer

When you are facing a DUI charge in South Carolina, you have three primary options: You can plead guilty, you can fight your charge, or you can seek to have your charge reduced. Pleading guilty to DUI is rarely (if ever) the best option, but seeking a reduced charge and pleading guilty to a lesser offense can be an advisable defense strategy in some cases.

What Does It Mean to Plead to a Reduced Charge in a DUI Case?

Pleading to a reduced charge in a DUI case is just like it sounds: Instead of pleading guilty to DUI or fighting your DUI charge in court, you resolve your case by pleading guilty to an offense that is less serious than DUI.

Typically, this means pleading guilty to reckless driving. Unlike many states, South Carolina does not have a “wet reckless” statute. But, in many cases, prosecutors will be willing to negotiate defendants’ DUI charges down to ordinary reckless driving. While having a reckless driving conviction on your record is still far from ideal, it is significantly less consequential than living your life with a DUI conviction.

Why Should You Consider Pleading to a Reduced Charge in a DUI Case?

Why might you consider pleading guilty to a reduced charge (i.e., reckless driving) in a South Carolina DUI case? When pleading to a lesser offense is warranted, it offers several benefits:

1. Reckless Driving Carries Reduced Fines

The fines for reckless driving in South Carolina are significantly less than the fines for DUI. As a result, pleading to a reduced charge of reckless driving instead of pleading guilty to DUI (or being found guilty of DUI in court) can significantly reduce the financial costs of your arrest.

2. A Reckless Driving Conviction Won’t Increase Your Insurance Rates As Much

While a reckless driving conviction will increase your auto insurance rates, it won’t increase your auto insurance rates as much as a DUI conviction. So, if you cannot avoid a conviction entirely, then pleading to a reckless driving charge could save you costs here as well.

3. A Reckless Driving Conviction Won’t Have As Many Practical Consequences

Similarly, while a DUI conviction can have several practical consequences, the practical consequences of a reckless driving conviction are significantly less severe. A reckless driving conviction won’t disqualify you from as many job opportunities, and reckless driving convictions typically have less of an impact on education, housing, financing, and other aspects of your life.

4. You Won’t Face Prosecution as a Repeat Offender if You Get Arrested for DUI Again

Under South Carolina law, if you get arrested for DUI when you already have a DUI conviction on your record, a second conviction carries enhanced penalties. But, if you get arrested for DUI when you have a reckless driving conviction on your record, you will still be prosecuted as a first-time offender.

5. Accepting a Plea Avoids the Inherent Uncertainty of a DUI Trial

Finally, accepting a plea deal avoids the inherent uncertainty of a DUI trial. Regardless of the facts of your case, there is always a chance that you could be found guilty in court. While there are lots of ways an experienced DUI defense lawyer can fight to protect you (including ways to fight your DUI charge if you were driving drunk), there are no guarantees at trial.

When Should You Consider Pleading to a Reduced Charge in a DUI Case?

So, that covers why you might consider pleading to a reduced charge in a DUI case. Now, when does it make sense to seek a plea deal instead of fighting your DUI in court? Depending on the circumstances of your case, it might make sense to plead to a reduced charge if:

1. You Blew Above the Legal Limit

A high blood alcohol concentration (BAC) reading can be strong evidence of guilt in a South Carolina DUI case. While there are several ways to challenge a BAC reading, these options aren’t available in all cases. If it looks like prosecutors will be able to use your BAC against you, then a plea deal might be your best option.

2. There Is No Question You Were Driving Drunk

Along with a high BAC, there are various other ways prosecutors can prove that someone was drunk behind the wheel. If there is no question that you were driving drunk—regardless of the type of evidence prosecutors have against you—it could be in your best interests to negotiate a plea.

3. You Don’t Have Grounds to Challenge Your Traffic Stop or Arrest

Fourth Amendment violations during traffic stops and arrests can entitle DUI defendants to the suppression of incriminating evidence at trial. Asserting your Fourth Amendment rights can be a key defense strategy in many cases. But, if the police didn’t violate your rights, then this isn’t an option you have available.

4. You Don’t Have Grounds to Challenge Your Field Sobriety Test (FST) Results

Did you take the field sobriety tests (FSTs) during your DUI stop? If so, prosecutors may be able to use your FST results against you as well. Here, too, there are various defense options available, but it won’t be possible to challenge your FST results in all circumstances.

5. You Are Likely to Get Convicted of DUI if You Go To Trial

Ultimately, deciding whether to accept a plea deal requires an assessment of your likelihood of success at trial. If you have strong grounds to fight your DUI, then your defense attorney may recommend fighting in court. But, if you are facing a high risk of conviction based on the circumstances of your case, then your lawyer may recommend against taking your chances at trial.

Discuss Your Case with a Rock Hill DUI Lawyer for Free

If you are facing a DUI charge, we strongly recommend that you speak with a lawyer before making any decisions about your case. For a free and confidential consultation with a Rock Hill DUI lawyer, call 803-328-8822 or get in touch online now.

10 Facts You Need to Know After a DUI Arrest During the Holidays in South Carolina

10 Facts You Need to Know After a DUI Arrest During the Holidays in South Carolina

by | Jan 1, 2022 | dui lawyer

Drunk driving arrests increase during the holiday season. Statistics show that the number of drunk drivers goes up during the period between Thanksgiving and New Year’s, and the police do everything they can to make sure these drunk drivers don’t cause serious or fatal accidents. So, if you have received a holiday DUI in South Carolina, you are not alone. Unfortunately, this does not do anything to help your situation.

Given the risks associated with drunk driving, prosecutors and judges in South Carolina take DUI cases very seriously. This is true regardless of the time of year. With this in mind, if you got a DUI during the holiday season, here are 10 important facts you need to know:

1. You Cannot Ignore Your DUI Until After the Holidays

The courts aren’t going to handle your DUI case on your schedule. As much as you might like to ignore your DUI until after the holiday season is over, this is not an option you have available. You need to prioritize your defense, and you need to make sure you will be in town when you need to go to court.

2. Missing Your Court Date Can Have Severe Consequences

What happens if you miss your court date? While there are a number of potential consequences, the most likely consequence is that either (i) the judge will issue a bench warrant for your arrest, or (ii) the judge will find you guilty in your absence. Neither of these are outcomes that you want to risk.

3. The Courts Are Open and Operating This Holiday Season

While the coronavirus pandemic largely shut down South Carolina’s court system in 2020, the courts are open and operating this holiday season. Your DUI case will move forward, and you will face severe consequences if you do not defend yourself effectively.

4. There Are Multiple DUI-Related Charges in South Carolina

While it is common to simply refer to getting a “DUI,” there are actually several different types of drunk driving offenses under South Carolina law. To make sure you are asserting a strategic defense, you need to know which specific charge (or charges) you are facing. For example, if you have been charged with driving with an unlawful alcohol concentration (DUAC), all that matters is your blood alcohol concentration (BAC). The fact that you were driving safely is not a defense. If you have been charged with an implied consent violation, this will add complexity (and consequences) to your case.

5. A DUI Conviction Can Have Several Consequences

Regardless of the specific charge (or charges) you are facing, a conviction can have severe consequences. While the penalties for felony DUIs are particularly severe, even an “ordinary” DUI case can lead to fines, surcharges, jail time, loss of driving privileges, and other penalties.

6. Getting Arrested Doesn’t Mean You are Guilty

An arrest is not a guilty verdict. The fact that you got arrested does not mean you are guilty, nor does it necessarily mean that you will be found guilty in court. Even if you got behind the wheel after consuming alcohol, you still may not have committed a DUI.

7. There Are Several Possible Defenses To DUI Charges

In fact, there are numerous possible defenses to all types of DUI charges in South Carolina. Did your BAC rise after you got pulled over? Was the breathalyzer device improperly calibrated? Did the arresting officer improperly perform the field sobriety tests? Did the arresting officer violate your constitutional rights? These are just a few examples of the many different issues that can give rise to defenses in South Carolina DUI cases.

8. Prosecutors Have the Burden of Proof

Another key fact to remember is that the prosecution always has the burden of proof. If prosecutors cannot prove you are guilty, then it doesn’t matter if you were driving drunk. It only takes one missing fact, one missing piece of evidence, or one misguided argument to entitle you to walk free.

9. You May Be Eligible for a South Carolina Diversion Program

But, let’s assume for a second that you are guilty and prosecutors can prove it. Is it still worth hiring a lawyer to fight your DUI charge?

Yes, absolutely. Your lawyer will still be able to work to secure a reduced sentence, and your lawyer can also determine if you are eligible for one of South Carolina’s diversion programs. If you qualify for a diversion program and you complete the program successfully, your DUI case will be wiped from your criminal record.

10. Hiring a DUI Defense Lawyer Can Be the Less Costly Option

Given the costs of a DUI conviction, hiring a defense lawyer will be the less costly option for most individuals. By fighting to help you avoid a conviction, obtain a reduced sentence, or secure entry into a diversion program, an experienced DUI defense lawyer can save you money following a DUI arrest. Don’t forget, the consequences of a DUI don’t end with your sentence. When you have a DUI on your record, your education, your job, your financial standing, and your reputation can all be negatively affected.

In short, if you are facing a holiday DUI charge in South Carolina, you need to take action to protect yourself, and you have every reason to consult with a defense lawyer as soon as possible. Ignoring your case – even for a week – is a mistake, and it is a mistake that you cannot afford to make.

Get a Free Consultation with a Rock Hill, SC DUI Defense Lawyer

Our lawyers represent individuals facing all types of DUI charges in South Carolina. If you’ve been arrested during the holiday season, we encourage you to contact us promptly for a free and confidential consultation. To speak with an experienced Rock Hill, SC DUI defense lawyer in confidence as soon as possible, call 803-328-8822 or tell us how we can reach you online now.

Are You Facing a Felony DUI Charge in Rock Hill, South Carolina?

Are You Facing a Felony DUI Charge in Rock Hill, South Carolina?

by | Nov 1, 2021 | DUI Charges, dui lawyer

In South Carolina, a felony DUI is a serious crime. Felony DUIs carry mandatory sentences, and having a felony conviction on your record can negatively impact virtually all aspects of your life.

While there are ways to fight felony DUI charges, avoiding unnecessary consequences requires a strategic defense. You will need to work with an experienced defense lawyer, and you will need to take affirmative steps to target a favorable resolution well in advance of your trial. Here are seven more important facts you need to know if you are facing a felony DUI charge in Rock Hill, SC:

1. Felony DUI is Very Specific Crime

You can only be convicted of a felony DUI in South Carolina under certain specific circumstances. The law states that in order to be convicted of a felony DUI, you must, “while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drive[] a motor vehicle and when driving a motor vehicle do[] any act forbidden by law or neglect[] any duty imposed by law in the driving of the motor vehicle, which act or neglect proximately causes great bodily injury or death to another person . . . .” If prosecutors cannot prove each element of the crime, then you are not guilty of a felony DUI.

2. You Can Defend Against a Felony DUI By Arguing Against the Prosecution’s Evidence of Impairment

To secure a conviction for felony DUI, prosecutors must be able to prove that you were, “under the influence of alcohol, drugs, or the combination of alcohol and drugs.” Your blood alcohol concentration (BAC), your performance on the field sobriety tests (FSTs), and the arresting officer’s observations all serve as possible evidence of impairment. However, it is possible to challenge each of these forms of evidence under appropriate circumstances, and arguing that the prosecution cannot prove you were drunk can be an effective defense strategy in many cases.

Importantly, South Carolina law provides that if a person’s BAC is 0.08 percent or above, “it may be inferred that the person was under the influence of alcohol.” In other words, if you blew 0.08 percent or above on the breathalyzer, you are facing an uphill battle. But, there are various ways to challenge breathalyzer results, and it will be possible to overcome this inference with additional evidence in some cases.

3. You Can Defend Against a Felony DUI By Arguing Against the Prosecution’s Evidence that You Caused the Accident

Even if you were driving under the influence, this does not necessarily mean that you caused the accident. Your brakes could have failed, the other driver could have been distracted, or any of a number of other factors could be to blame for the collision. If you did not make a mistake that “proximately cause[d]” the accident, then you might be guilty of DUI, but you are not guilty of felony DUI.

4. You Can Defend Against a Felony DUI By Arguing Against the Prosecution’s Evidence of “Great Bodily Injury”

Let’s assume that you were driving under the influence, and let’s also assume that your impairment was a factor in the crash. This still isn’t enough to establish guilt for a felony DUI under South Carolina law. Prosecutors must also be able to prove that the accident caused “great bodily injury” or death.

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.” What constitutes a “substantial risk of death”? When is a loss or impairment considered “protracted”? These questions don’t necessarily have clear answers, and this ambiguity could work to your advantage in your felony DUI case.

5. You Can Defend Against a Felony DUI By Asserting Your Constitutional Rights

Now, let’s assume that you caused an accident resulting in “great bodily injury” or death while you were drunk. Does this mean that the prosecution has an open-and-shut case? Not necessarily.

As a criminal defendant in South Carolina, you are entitled to all of the protections afforded by the U.S. Constitution. This includes the protection against unreasonable searches and seizures and the protection against self-incrimination—among many others. If police or prosecutors violate your constitutional rights at any stage of your felony DUI case, this could provide a defense that you can use to avoid a conviction.

6. Felony DUI Charges Carry Mandatory Penalties

If you get convicted of a felony DUI in South Carolina, you will be subject to mandatory penalties. These mandatory penalties include fines and prison time, and you will be required to serve at least a portion of your prison sentence without suspension. South Carolina law also prohibits judges from granting probation for any portion of a felony DUI sentence.

In addition to fines and jail time, you will face a mandatory driver’s license suspension; and, once you serve your sentence, you will be required to enroll in South Carolina’s Ignition Interlock Device Program. You will then be required to obtain an ignition interlock restricted license, and you will need to install an ignition interlock device in your vehicle for three years (or five years in the case of an accident resulting in death).

7. You Cannot Afford to Take Chances When Facing a Felony DUI Charge

Given the severe consequences of a felony DUI conviction, you cannot afford to take chances. You need to take your case very seriously, and you need to defend yourself by all means available. A lawyer who is experienced in handling felony DUI cases will be able to examine your case from all angles, identify any and all defenses you have available, and pursue a defense strategy focused on protecting you to the fullest extent possible.

Schedule a Free Consultation with a Rock Hill Felony DUI Lawyer

If you are facing a felony DUI charge in Rock Hill, we encourage you to contact us promptly for a free consultation. To speak with an experienced Rock Hill felony DUI lawyer in confidence, call 803-328-8822 or request an appointment online now.

South Carolina DUI Laws: What You Need to Know After an Arrest

South Carolina DUI Laws: What You Need to Know After an Arrest

by | Oct 1, 2021 | DUI Charges, dui lawyer

South Carolina’s drunk driving laws are strict. You can be convicted for having a blood alcohol concentration (BAC) of 0.08% regardless of your level of impairment, and a conviction for a first-time offense can mean fines, jail time, and other penalties.

If you are facing a drunk driving charge, it is important to understand how South Carolina’s DUI laws apply to your situation. Is your BAC enough to warrant a conviction? Could you be facing charges in addition to a DUI? What penalties are at stake in your case? These are all critical questions—and you need to learn the answers as soon as possible.

Overview of South Carolina’s DUI Laws

So, you are facing a DUI charge in South Carolina. What do you need to know? Here is an overview of South Carolina’s DUI laws:

Operating a Motor Vehicle While Under the Influence of Alcohol

There are two ways you can face a DUI charge in South Carolina. The first involves operating a vehicle while under the influence of alcohol. Under Section 56-6-2930 of the South Carolina Code of Laws, if you are “under the influence of alcohol to the extent that [your] faculties to drive a motor vehicle are materially and appreciably impaired,” then you can face a DUI charge regardless of your BAC.

Driving with an Unlawful Alcohol Concentration (Per Se DUI)

The second way you can face a DUI charge in South Carolina is based on your BAC. If you are driving and your BAC is 0.08% or above, then you are in violation of South Carolina law. For this type of DUI charge, it doesn’t matter whether you are still able to drive safely. If your BAC is over the legal limit, this alone is enough to establish criminal culpability. This is known as a per se DUI.

Penalties for a DUI in South Carolina

Under South Carolina law, the penalties for operating a motor vehicle while under the influence of alcohol and for a per se DUI are the same. These penalties increase for high BACs and for second and subsequent offenses. If you are facing a DUI charge as a first-time offender and your BAC was less than 0.10% (or your BAC wasn’t measured), the penalties you are facing under South Carolina’s DUI laws include:

  • Up to a $400 fine
  • Nearly $600 in additional assessments and surcharges
  • 48 hours to 30 days in jail (the judge may sentence you to community service in lieu of jail time)
  • Loss of your driver’s license for six months

If your BAC was 0.10% or above, you are facing up to a $500 fine and a minimum of 72 hours of jail time or community service. If your BAC was 0.16% or above, you are facing up to a $1,000 fine and a minimum of 30 days of jail time or community service.

The penalties for repeat offenders increase dramatically under South Carolina’s DUI laws. For example, if this is your second offense, you are facing $2,100 to $5,100 in fines plus an additional $5,600 in assessments and surcharges. You are also facing up to one year in jail and a one-year driver’s license suspension. If this is your third offense, you are facing more than $13,000 in financial penalties, up to three years of imprisonment, and loss of your driving privileges for two years.

Felony DUI

In most cases, a DUI is a misdemeanor offense under South Carolina law. However, it is possible to face a felony DUI charge in some circumstances.

Specifically, prosecutors can pursue felony DUI charges in cases involving accidents resulting in “great bodily injury or death.” Under Section 56-5-2945 of the South Carolina Code of Laws, “great bodily injury” is defined as an injury that, “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.”

In felony DUI cases, the penalties that are at stake depending on whether the accident results in great bodily injury or death. When an accident results in great bodily injury, potential penalties include more than $20,000 in financial liability and anywhere from 30 days to 15 years of imprisonment. When an accident results in death, potential penalties include more than $50,000 in financial liability and from one to 25 years behind bars.

Implied Consent Violations

Under South Carolina’s implied consent law (Section 56-5-1950 of the South Carolina Code of Laws) all drivers are required to submit to a breath, blood, or urine test when they get pulled over on suspicion of DUI. If you refuse testing during a DUI stop, you can be charged with an implied consent violation in addition to being charged with a DUI.

Under Section 56-5-2951, implied consent violations carry an automatic 90-day driver’s license suspension. This increases to 180 days if you have a prior alcohol-related conviction or suspension on your record. However, similar to DUI charges, there are several potential defenses to implied consent violations, and you should consult with a lawyer promptly about protecting your ability to drive.

Open Container Violations

In addition to implied consent violations, many individuals who are charged with DUI in South Carolina will also face charges for open container violations. Under Sections 61-4-110 and 61-6-4020 of the South Carolina Code of Laws, if you have an open container anywhere in your vehicle except the trunk or luggage compartment, you can face an additional $100 fine and up to 30 days in jail.

While South Carolina’s DUI laws establish several different offenses that carry several different penalties, the laws establish several defenses to DUI charges and related offenses as well. For an overview of these defenses, you can read 5 Types of Defenses to DUI Charges in South Carolina.

Talk to a Rock Hill, SC DUI Lawyer for Free

If you are facing a DUI charge in South Carolina, it is important that you speak with a lawyer as soon as possible. To schedule a free, no-obligation consultation with Rock Hill, SC DUI lawyer Michael L. Brown, Jr., call 803-328-8822 or get in touch online now.

8 Ways to Fight a False Positive BAC Reading in South Carolina?

8 Ways to Fight a False Positive BAC Reading in South Carolina?

by | Jun 1, 2021 | DUI Charges, dui lawyer

When you get pulled over on suspicion of drunk driving in South Carolina, the police will typically test your blood alcohol concentration (BAC) using a breathalyzer device. If the breathalyzer device says your BAC is above the legal limit (0.08 percent for drivers over 21 and 0.02 percent for drivers under 21), the police will arrest you on the spot for driving with an unlawful alcohol concentration (DUAC).

But, what if your BAC reading isn’t accurate? There are a number of reasons why a breathalyzer test might return a “false positive,” and arguing that your BAC reading was inaccurate can be an effective way to fight a DUAC charge in South Carolina.

With that said, it won’t be possible to challenge your BAC reading in all cases. Additionally, even if you successfully challenge your BAC reading, this won’t necessarily protect you against a conviction. Here’s what you need to know about challenging a false positive BAC reading in South Carolina:

While breathalyzer test results are often accurate, it is not unusual for a test to result in a false positive. Here are eight examples of reasons why a BAC reading might be inaccurate or unreliable—and therefore inadmissible in South Carolina criminal court:

1. The Breathalyzer Device Wasn’t Properly Maintained or Calibrated

Breathalyzer devices don’t just work. In order to function properly, they must be maintained and calibrated on a regular basis. If police records show that the breathalyzer device used during your traffic stop wasn’t properly maintained or calibrated—or if the police department doesn’t have maintenance or calibration records—this may provide grounds to argue that your BAC was artificially inflated.

2. The Arresting Officer Improperly Administered the Breathalyzer Test

In addition to properly maintaining and calibrating their breathalyzer devices, the police must also properly administer breath tests during drunk driving traffic stops. The officer administering the test must be, “trained and certified by the South Carolina Criminal Justice Academy, pursuant to [South Carolina Law Enforcement Division (SLED)] policies,” and the officer must follow SLED’s established guidelines. If the officer who administers the test is not certified or does not follow the SLED guidelines, then the test could very easily result in a false positive BAC reading.

3. You Have a Medical Condition

Certain types of medical conditions can impact your BAC. These include gastroesophageal reflux disease (GERD), having a high red blood cell count, and having a high ketone level. If you have (or had) any condition that could have impacted your BAC reading at the time of your traffic stop, then this could provide a defense to your DUAC charge.

4. You Were on Medication

Certain types of medications can also impact your BAC. Oral pain relievers, cough suppressants, cold and flu medications (such as Nyquil), and various other prescription and over-the-counter drugs can all cause an elevated BAC without any alcohol consumption.

5. You Had Recently Eaten Something

Breads, chocolates, hot sauces, fruits, protein bars, and various other foods can cause a false positive reading on a BAC test. The same is true of energy drinks, certain sodas, and even non-alcoholic beers and wines. If you had consumed any of these foods or drinks shortly before your drunk driving arrest, this could explain why your BAC was elevated even though you hadn’t been consuming alcohol.

6. You Had Recently Used Mouthwash or a Breath Mint

Mouthwashes, breath mints, and breath sprays often have alcohol-based ingredients, but using these products does not make you guilty of drunk driving. If you had breath mint or a breath spray in your car, or if you had recently used mouthwash before getting behind the wheel, this could save you from a DUAC conviction in South Carolina.

7. You Had Mouth Alcohol

When you blow into a breathalyzer device, the device doesn’t just read the alcohol concentration in your blood. It also picks up any residual alcohol in your mouth (often simply referred to as “mouth alcohol”). If you had mouth alcohol because you had recently been drinking (or you had recently consumed a breath mint or other product), this could have falsely inflated your BAC reading.

8. Your BAC Rose After the Police Pulled You Over

When you consume alcohol, your BAC does not rise immediately. Instead, it takes time for the alcohol to enter your bloodstream and increase your BAC. As a result, it is possible that your BAC was under the legal limit while you were driving, and it only went over the legal limit after the police pulled you over.

If Your BAC Reading was Inaccurate, You Could Still Be Convicted of Driving Under the Influence (DUI)

Successfully challenging a false positive BAC reading can save you from a DUAC conviction in South Carolina. However, even if your BAC reading was inaccurate, you could still potentially be convicted of driving under the influence (DUI).

DUAC and DUI are two different types of drunk driving charges under South Carolina law. While a DUAC charge is based solely on your BAC, a DUI charge is based solely on your inability to drive safely due to alcohol impairment. This means that you can be convicted of DUI even if your BAC reading was flawed, and even if your BAC was below the legal limit.

With this in mind, as you are preparing to fight your drunk driving case in South Carolina, you need to make sure that you are asserting all necessary and available defenses. If you focus solely on disputing your breathalyzer test result, you could still find yourself facing the consequences of a DUI conviction.

Discuss Your Case with a Rock Hill Drunk Driving Defense Lawyer

Were you arrested for drunk driving in South Carolina, and do you believe that your BAC reading was inaccurate? If so, we encourage you to contact us for a free consultation about your case. To speak with an experienced Rock Hill DUI defense lawyer in confidence, call 803-328-8822 or request an appointment online now.

Charged with DUI Drugs in South Carolina?

Charged with DUI Drugs in South Carolina?

by | Apr 1, 2021 | DUI Charges, dui lawyer

Driving under the influence of alcohol is not the only way to get a DUI charge in South Carolina. You can also be charged with DUI for driving under the influence of drugs (“DUI drugs”). While there are some similarities between DUI cases involving alcohol and drugs, there are also important differences, and you will need to hire a lawyer who has experience handling your specific charge.

What is DUI Drugs in South Carolina?

South Carolina’s DUI statute applies to both alcohol and drugs. Under Section 56-5-2930(A) of the South Carolina Code of Laws:

“It is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol . . . [or] any other drug or a combination of other drugs or substances which cause impairment to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired . . . .”

Since DUI and DUI drugs are technically the same offense, they are also subject to the same penalties. This means that if you have been charged with DUI drugs in South Carolina, you could be facing:

First-Time DUI Charge

  • $400 fine
  • Additional assessments and surcharges
  • Six-month driver’s license suspension
  • Minimum 48-hour jail sentence (up to 30 days)
  • Possible community service in lieu of jail time
  • Alcohol and Drug Safety Action Program completion

Second-Time DUI Charge

  • $2,100 to $5,100 fine
  • Additional assessments and surcharges
  • One-year driver’s license suspension
  • Five days to one year of jail time
  • Alcohol and Drug Safety Action Program completion

Third-Time DUI Charge

  • $3,800 to $6,300 fine
  • Additional assessments and surcharges
  • Two-year driver’s license suspension
  • 60 days to three years of jail time
  • Alcohol and Drug Safety Action Program completion

Fourth or Subsequent DUI

  • Court-determined fines, assessments, and surcharges
  • Permanent driver’s license revocation
  • One to five years of jail time
  • Alcohol and Drug Safety Action Program completion

The fact that DUI and DUI drugs are technically the same offense also means that you can be charged as a repeat offender if you have a prior alcohol-related DUI and you are now facing a charge for DUI drugs. Likewise, if you have a prior drug-related DUI conviction involving a different drug from the one involved in your current case, you can still be charged with a second (or subsequent) DUI drugs.

What are Potential Defenses to a DUI Drugs Charge in South Carolina?

If you have been charged with driving under the influence of marijuana, methamphetamine, prescription painkillers, or any other legal or illegal drug, what defenses can you assert in South Carolina court? The answer to this question depends on the specific facts of your case. Generally speaking. However, some examples of potential defenses to drug-related DUI charges in South Carolina include:

1. You Were Not Under the Influence of a Drug (or Drugs)

One potential defense is that you were not actually driving under the influence of drugs. If the arresting officer mistakenly assumed that you were under the influence (maybe because he or she found drugs or drug paraphernalia in your vehicle), your attorney can seek to challenge the prosecution’s evidence that you were violating the law.

2. Your Ability to Drive was Not “Materially and Appreciably Impaired”

Even if it is not possible to dispute the fact that you were driving under the influence of drugs, you may still be able to avoid a DUI drugs conviction by arguing that you were not “materially and appreciably impaired.” This language in South Carolina’s DUI statute establishes a high bar for prosecutors; and, while there may be evidence (i.e., dash camera footage) demonstrating your impairment, it may be possible for your attorney to challenge this element of the government’s case as well.

3. The Police Stopped You Illegally

To conduct a lawful traffic stop, the police must have “reasonable suspicion” that the person stopped is guilty of a crime. If the police stopped you without reasonable suspicion, then any evidence obtained after your traffic stop may be inadmissible in court.

When can you assert a lack of reasonable suspicion as a defense? While there are several possible scenarios, racial profiling is easily among the most common grounds. However, if the police pulled you over for a busted taillight and then charged you with DUI drugs, this does not mean that they lacked reasonable suspicion to make an arrest.

4. The Police Conducted an Illegal Search, Seizure, or Arrest

In addition to having “reasonable suspicion” to conduct a traffic stop, the police must also have “probable cause” to conduct a search or seizure—or to make an arrest. If the police violated your Fourth Amendment rights by conducting an illegal search, seizure, or arrest, this could also provide grounds to seek suppression of the prosecution’s evidence against you.

5. Your Blood or Urine Test Results are Unreliable

If you took a blood or urine test, there are several ways that your defense attorney may be able to challenge your test results. One option is to show that the arresting officer failed to inform you of your rights under South Carolina’s implied consent law. Other possible options include:

  • Demonstrating that the test was administered improperly;
  • Demonstrating that your sample was (or may have been) tainted; and,
  • Arguing that the results do not prove you were impaired at the time of your traffic stop.

As mentioned above, these are just examples. There are other ways to defend against a DUI drugs charge in South Carolina as well. To find out what defenses you can use to fight your DUI drugs charge, contact us to discuss your case today.

Charged with DUI Drugs in South Carolina? Talk to a Rock Hill Criminal Defense Lawyer Today

Are you facing a DUI drugs charge in South Carolina? If so, we encourage you to contact us promptly to discuss your case. To speak with an experienced Rock Hill criminal defense lawyer in confidence, call 803-328-8822 or tell us how we can reach you online now.

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