When you are facing a driving under the influence (DUI) charge in South Carolina, one of the first steps in your case will be going to court for your initial appearance. During your initial appearance, the judge will ask you how you want to plead. At this stage, you have three options: You can plead “guilty,” “not guilty,” or “no contest.”

As we have previously discussed, pleading guilty is seldom a good idea. But, what about pleading “no contest”? How is this different from pleading guilty, and should you ever plead “no contest” after a DUI arrest?

“Guilty” vs. “No Contest” in a South Carolina DUI Case

When you plead guilty to DUI, you are admitting to driving under the influence. Your guilty plea will result in a conviction, and you will be subject to all of the penalties that DUIs carry under South Carolina law. While an experienced DUI defense lawyer may be able to help you avoid some of these penalties, there are no guarantees, and the judge won’t go easy on you simply because you accepted responsibility.

Pleading “no contest” has similar consequences. When you plead “no contest,” you accept responsibility without either admitting or denying that you were drunk behind the wheel. Your plea still results in a conviction—and you are still subject to the same penalties that you would have faced had you pled guilty instead.

Why, then, would you ever plead “no contest” to a DUI?

The short answer is that you shouldn’t plead “no contest” in most cases. For the vast majority of defendants, the better approach will be to enter a “not guilty” plea and then either: (i) negotiate a plea bargain; or, (ii) fight their DUI in court. When you are facing a DUI charge in South Carolina, there is no downside to pleading “not guilty.” You are well within your rights to do so, and the judge cannot penalize you for exercising your legal rights. It allows you to fight, and you owe it to yourself to fight your DUI by all means available.

With that said, there is one potential benefit to entering a “no contest” plea in a South Carolina DUI case. If you plead “no contest,” your conviction cannot be used against you if you get sued. So, if you caused an accident while driving drunk, entering a “no contest” plea might make sense—though this still isn’t necessarily the case. As we mentioned already, pleading “no contest” still has serious consequences; and, as we discuss below, there are several ways to fight a DUI charge even if you were drunk behind the wheel.

Defending Against a DUI Charge When You Were Driving Drunk

Deciding to accept responsibility after a DUI arrest (whether through a plea bargain or a “no contest” plea) requires a clear and comprehensive understanding of the facts of your case. Even if you got caught driving after you had been drinking, you may still have several strong defenses available. For example:

Police Miscues Might Mean Prosecutors Don’t Have Enough Evidence to Prove Your Guilt Beyond a Reasonable Doubt

In South Carolina DUI cases, prosecutors have the burden of proving the defendant’s guilt beyond a reasonable doubt. This means they need clear evidence that you were drunk or impaired behind the wheel. If the police made mistakes during or after your arrest (i.e., if they failed to record your traffic stop or mishandled your breathalyzer results), prosecutors might not have the evidence they need to convict you.

The Prosecution’s Evidence Against You Might Be Unreliable

Several issues can render evidence in a DUI case unreliable. For example, let’s say you took the breathalyzer (which you are required to do under South Carolina’s “implied consent” law). Was the breathalyzer device properly calibrated? Was it in good working order? Did the arresting officer correctly explain how to provide a breath sample? Did your blood alcohol concentration (BAC) rise after you got pulled over? Is there an alternate explanation for your high BAC? All of these are issues that could call your BAC reading into question—and that could prevent prosecutors from meeting their burden of proof.

The Prosecution’s Evidence Against You Might Be Inadmissible

Prosecutors will also be unable to prove your guilt if their evidence is inadmissible in court. Evidence in a South Carolina DUI case can be rendered inadmissible for several reasons. For example, if the police pulled you over without reasonable suspicion or arrested you without probable cause, the prosecution’s evidence could be inadmissible under the Fourth Amendment. Or, if the arresting officer failed to read your Miranda rights, any statements you made after you were placed in custody could be inadmissible under the Fifth Amendment’s privilege against self-incrimination. There are other possibilities as well, and an experienced DUI defense lawyer will be able to examine all possible options for keeping the prosecution’s evidence out of court.

You Might Not Have Violated South Carolina’s DUI Law

Finally, even if you were drinking before you got behind the wheel, this doesn’t necessarily mean that you violated South Carolina’s DUI law. To secure a conviction, prosecutors must be able to prove that either: (i) your BAC was over the legal limit while you were driving; or, (ii) your ability to drive was impaired by your alcohol consumption. If your BAC was still below the legal limit while you were driving (when you drink, your BAC doesn’t spike right away) and you were fully capable of driving unsafely, then you weren’t driving under the influence—and you do not deserve to face any consequences as a result of your arrest.

Discuss Your Case with an Experienced Rock Hill, SC DUI Lawyer for Free

Are you thinking about pleading “no contest” to a DUI in South Carolina? If so, we strongly encourage you to contact us first. To discuss your case with an experienced Rock Hill, SC DUI lawyer in confidence, call us at 803-328-8822 or request a free consultation online today.

When you get convicted of driving under the influence (DUI) in South Carolina, you can face multiple penalties. For a standard first-time offense, these penalties include roughly $1,000 in fines and fees, a six-month driver’s license suspension, and 48 hours to 30 days of jail time or community service. Effective May 19, 2024, they will also include mandatory installation of an ignition interlock device (IID) in your vehicle.

But, these penalties are not the only consequences of a DUI conviction in South Carolina. Having a conviction on your record can impact your life (and your bank account) in other ways as well. For example, with a DUI on your record, you will be required to pay for SR-22 insurance. As we discuss below, SR-22 insurance is much more expensive than regular auto insurance; and, if you don’t pay, you won’t be able to drive even once your driver’s license suspension is over.

Important Information About SR-22 Insurance for Individuals Facing DUI (or DUAC) Charges in South Carolina

So, what do you need to know about SR-22 insurance if you have been arrested for drunk driving in South Carolina? Here are five important facts about SR-22 insurance from Rock Hill DUI defense lawyer Michael L. Brown, Jr.:

1. SR-22 Insurance is Required After a DUI or DUAC Conviction in South Carolina

As a general rule, SR-22 insurance is required after a DUI or DUAC conviction in South Carolina. DUAC is short for “driving with unlawful alcohol concentration,” and it is actually what most people think of when they think of a DUI. In South Carolina, you can get a DUI if you are driving under the influence of alcohol regardless of your blood alcohol concentration (BAC). But, if your BAC is over the legal limit (which is 0.08% for adults over 21), then you are more likely to be charged with DUAC.

In either case, if you get convicted, you will be required to obtain SR-22 insurance. To get your license back and maintain your vehicle registration, you will need to submit an SR-22 insurance certificate to the South Carolina Department of Motor Vehicles (SCDMV). If you don’t obtain SR-22 insurance and don’t provide the SCDMV with a certificate from your insurance company, you won’t be able to drive.

2. SR-22 Insurance is Typically Required for Three Years

The requirement to obtain SR-22 insurance typically applies for three years from the date of a DUI or DUAC conviction in South Carolina. This means that you must obtain SR-22 insurance to reinstate your driver’s license and register your vehicle at any point during these three years. It also means that you must maintain valid SR-22 insurance throughout these three years to avoid having your driving privileges or your vehicle registration suspended by the SCDMV.

3. SR-22 Insurance is Much More Expensive Than Regular Auto Insurance

Why is obtaining SR-22 insurance such a big deal? The short answer is that it is expensive—much more expensive than regular auto insurance. While individual SR-22 insurance rates vary, various sources indicate that most people can expect to pay about twice what they pay normally. With South Carolina’s average monthly premium of $266 (according to Insurify.com), this means that the average person will pay nearly $10,000 in additional insurance premiums over three years. If you are already paying more than the state’s average, your additional premiums could be far greater.

4. Not All Insurance Companies Offer SR-22 Insurance for DUIs and DUACs

It’s also important to note that not all insurance companies offer SR-22 insurance for DUIs and DUACs in South Carolina. If your auto insurance company doesn’t offer SR-22 insurance, you could lose your coverage after a DUI or DUAC conviction. In this case, you will need to shop around, and shopping around for SR-22 insurance is both more difficult and more expensive than shopping around for normal auto insurance coverage.

5. The Cost of SR-22 Insurance is Yet Another Reason to Fight Your South Carolina DUI or DUAC

For most people, the cost of buying SR-22 insurance for three years is the biggest out-of-pocket cost they incur after a DUI or DUAC conviction in South Carolina. As a result, the cost of SR-22 insurance is an important factor to consider when deciding how to approach your drunk driving case. Even if you can afford to pay double your normal monthly auto insurance premiums (which many people can’t), you shouldn’t take on these additional costs if it isn’t absolutely necessary to do so.

While every case is different, there are several potential defenses to DUI and DUAC charges in South Carolina. To determine how you can fight your DUI or DUAC charge, you will want to speak with an experienced defense lawyer as soon as possible. Depending on the facts of your case, your lawyer may be able to help you assert drunk driving defenses such as:

• The police violated your Fourth Amendment rights (i.e., the police stopped you without reasonable suspicion or arrested you without probable cause)
• The police violated your Fifth Amendment rights (i.e., the police interrogated you in custody without reading your Miranda rights)
• The police failed to record your traffic stop
• The arresting officer improperly administered the breathalyzer or field sobriety tests (FSTs)
• The breathalyzer device wasn’t properly calibrated or hadn’t been properly maintained
• There is an alternate explanation for your high BAC reading (i.e., you have a medical condition such as GERD)
• Your BAC rose between when the police stopped you and you took the breathalyzer
• You weren’t actually “driving under the influence” as defined by South Carolina law

Discuss Your Case with Rock Hill, SC DUI Lawyer Michael L. Brown, Jr. for Free

If you have questions about SR-22 insurance or any of the other costs associated with facing a DUI or DUAC charge in South Carolina, we invite you to get in touch. To discuss your case with Rock Hill, SC DUI lawyer Michael L. Brown, Jr. in confidence, call 803-328-8822 or request a free consultation online now.

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.