You’ve been charged with driving under the influence (DUI) in South Carolina, and you are wondering if you should hire a DUI lawyer. You are concerned about paying expensive legal fees, and you are not clear on what exactly a lawyer will be able to do in order to affect the outcome of your case. So, is it worth it? Or, should you represent yourself and take your chances in court?
Why Should You Hire a DUI Defense Lawyer for Your South Carolina DUI Case?
In South Carolina, there are many reasons why representing yourself in a DUI case is not a good idea. When you consider what is at stake and what is involved in presenting an effective defense, it is not hard to see why your best option by far is to hire an experienced defense attorney. Here are 10 of the top reasons why you should hire a DUI defense lawyer to represent you:
Reason #1: South Carolina’s DUI Laws are Complicated
From the definition of “driving under the influence” to the differing penalties for the various DUI-related offenses that exist under South Carolina law, there are numerous complex issues involved in understanding a DUI case. In order to defend yourself effectively, you need to have a commanding grasp of the law, and you need to know how to use it to your advantage.
Reason #2: A DUI Arrest Can Have Immediate Consequences
When you get arrested for DUI in South Carolina, there are certain immediate consequences. For example, your driver’s license will be automatically suspended, and you will lose the right to appeal the suspension if you do not act within 30 days. Filing an appeal also allows you to apply for a temporary alcohol restricted license, or “TARL,” but protecting your license after your TARL expires will require evidence that some aspect of your DUI arrest was improper.
Reason #3: A DUI Conviction Can Lead to Substantial Penalties
If you are convicted of DUI at trial, you will be at risk for substantial penalties. These include fines and jail time. The penalties for repeat offenders are significantly higher, and this alone is reason enough to fight to keep your criminal record clean.
Reason #4: A DUI Can Impact Your Life in Other Ways as Well
Beyond losing your license, your money, and your freedom, a DUI conviction can impact your life in other ways as well. If you are convicted, you will find it much harder to find a well-paying job; your housing options will be limited; and, if you are thinking about a college, your education could be in jeopardy.
Reason #5: There are Experienced Lawyers on the Other Side of Your Case
When you are charged with DUI in South Carolina, your case is handled by the prosecutor’s office. This means that there will be experienced lawyers on the other side fighting to convict you. If you do not have your own lawyer to level the playing field, you will be at a distinct disadvantage.
Reason #6: There Are Many Potential Defenses to a South Carolina DUI Charge
While there are many dangerous aspects of facing a DUI charge in South Carolina, there are also many potential defenses available. However, in order to determine what defenses you can assert, you will need to work closely with an attorney who can apply the law to the facts of your case.
Reason #7: Being Innocent Does Not Necessarily Mean That You are Safe
While you are innocent until proven guilty, being innocent does not necessarily mean that you are safe. Innocent people get convicted all the time, and it is usually because they did not have effective legal representation in court. If you are facing a DUI charge, you cannot rest easy until your case is fully and finally resolved. Also, you need to keep in mind that while you might think you are innocent, the reality is that you may have still violated South Carolina law.
Reason #8: The Costs of Hiring a Lawyer Can Be Far Less than the Costs of Trying to Handle Your Case on Your Own
With regard to cost, yes, you will need to pay your defense lawyer. However, hiring a lawyer to represent you can be far less costly than trying to handle your case on your own. What is it worth to you to protect your driver’s license? To stay out of jail? To protect your ability to work or go to college? Whatever your answer may be, the amount you pay for your legal representation will almost certainly be far less than what you stand to lose.
Reason #9: You Owe it to Your Family and Yourself to Take Your Case Seriously
Due to the severe consequences of a DUI conviction in South Carolina, you owe it to your family and yourself to take your case seriously. If you assume that everything will be fine (or that there is nothing you can do to protect yourself), you are going to be doing everyone you love a disservice. Facing a DUI charge is a serious matter, and you need to treat it accordingly.
Reason #10: If You Make Mistakes, You Will Regret Them for the Rest of Your Life
Finally, if you try to handle your case yourself and you make mistakes, you will regret your mistakes for the rest of your life. We’ve said it already, by the point cannot be emphasized enough: The consequences of a DUI conviction in South Carolina are severe. You need to make sure you have every opportunity to avoid these consequences, and this starts with hiring an experienced defense attorney.
Discuss Your Case with Rock Hill, SC DUI Defense Lawyer Michael L. Brown, Jr.
Are you facing a DUI charge in the Rock Hill, SC area? If so, we encourage you to contact us immediately to discuss your case. To speak with DUI defense attorney Michael L. Brown, Jr. in confidence, call 803-328-8822 or request a consultation online now.
If you are facing a DUI charge in South Carolina, you need to defend yourself by all means available. DUI charges carry administrative and criminal penalties, and even first-time offenders face mandatory jail time, fines, and various other consequences. The good news is that there are several potential defenses available; and, to find out how you can fight your case, you will want to speak with a South Carolina DUI defense attorney as soon as possible.
How Can You Fight Your South Carolina DUI?
So, how can you fight your South Carolina DUI charge? Here are five examples of defenses that can be used to avoid a guilty verdict in South Carolina municipal court:
1. Failure to Record Your Traffic Stop and Breath Test
By law in South Carolina, police officers are required to video record the entirety of every DUI traffic stop they conduct. They must begin recording as soon as they turn on their blue lights, and they must record everything through the administration of the breathalyzer. If the officer who arrested you for DUI did not record your traffic stop – or if the video shows that the officer failed to take all of the steps required to make a valid arrest – then you may be entitled to a “not guilty” verdict at trial.
What is required for a “valid” arrest? At a minimum, the video recording of your DUI traffic stop must show that the officer:
Checked your mouth and waited 20 minutes prior to administering the breathalyzer; and,
Conducted the breathalyzer test consistent with standard South Carolina protocols.
There are a couple of exceptions to South Carolina’s video recording requirement. An arresting officer is not required to record a DUI traffic stop if exigent circumstances exist, or if it is physically impossible to do so. However, these exceptions will not apply in most cases. When you get arrested for DUI in South Carolina, your attorney can request a copy of your arrest video; and, if the video is not available, it will be up to the police and prosecutors to justify why no video exists.
2. Invalid Breathalyzer Test Results
Even if the arresting officer records your breathalyzer test, there are still various issues that could render the test itself invalid. For example, maybe the breathalyzer device had not recently been calibrated, or maybe the officer who administered the test was not adequately trained or did not follow the requisite procedures.
There are several other issues that can lead to a “false positive” for a blood alcohol concentration (BAC) above 0.08 percent as well. Some examples of these issues include:
Certain medical conditions, such as diabetes
Increase in BAC after being pulled over (such that your BAC was not above the legal limit while you were driving)
Recent consumption of a cough or cold medication
Recent consumption of breath mints or certain kinds of foods
Recent use of mouthwash
3. Invalid Field Sobriety Test (FST) Results
While drivers in South Carolina are generally required to submit to a breath test under the state’s “implied consent” law, this law does not apply to the field sobriety tests (FSTs). But, if you submit to the FSTs voluntarily (even if you were not aware that you had the option to refuse), your performance on the tests can be used against you in court.
In order for FST results to be considered valid evidence in a DUI case, however, the arresting officer must perform the tests properly, and he or she must accurately interpret the driver’s performance. From improperly describing the tasks the driver needs to perform to failing to consider alternate explanations for poor performance on the FSTs (such as a medical condition that impairs balance), there are various issues that can render FST results unreliable. If your FST results are unreliable and there is not other evidence to prove your guilt (i.e. if the arresting officer failed to record your traffic stop), then challenging your FST results could protect you against a conviction.
4. Inadequate Evidence of Impairment
Having a BAC of 0.08 percent or above is not the only way that you can face a DUI charge in South Carolina. If you’re your “faculties to drive are materially and appreciably impaired,” you can be charged with DUI regardless of your BAC. As the South Carolina Department of Public Safety explains, “If you have a BAC of 0.08 percent or higher, it will be inferred that you were driving under the influence. If you have a BAC that is at least 0.05 percent but less than 0.08 percent, your BAC level may be considered along with other evidence to infer that you are under the influence.”
With this in mind, one way that some drivers will be able to avoid a DUI conviction is by successfully arguing against the prosecution’s allegations of impairment. If there is not sufficient evidence to prove that your driving faculties were diminished, then you do not deserve to be convicted at trial.
5. Violations of Your Constitutional Rights
Finally, many DUI defendants are able to avoid conviction by asserting their constitutional rights. If the police violated your constitutional rights on the road or while you were in custody, or if issues arising during your DUI case amount to constitutional infringements, these issues may justify a motion to dismiss. Examples of constitutional violations that can provide defenses in DUI cases include:
Violation of the Fourth Amendment protection against unreasonable searches and seizures
Violation of the Fifth Amendment privilege against self-incrimination
Violation of the Fifth Amendment protection against double jeopardy
Violation of the Sixth Amendment protections against surprise charges and evidence
Violation of the Sixth Amendment right to assistance of counsel
Violation of the Sixth Amendment right to a speedy and public trial
Request a Consultation with a Rock Hill, SC DUI Defense Attorney
Are you facing a DUI charge in the Rock Hill, SC area? To discuss your case with an experienced Rock Hill DUI defense attorney, call 803-328-8822 or request a consultation online today.
While there are many confusing aspects of DUI cases in South Carolina, one of the most confusing for many people is the distinction between administrative and criminal penalties. When you get arrested for DUI in South Carolina, this is a criminal charge that will lead to prosecution in state court if you do not resolve your case prior to trial. However, a DUI arrest also triggers administrative proceedings at the South Carolina Department of Motor Vehicles (DMV), and these proceedings can result in penalties even if you are not ultimately convicted at trial.
There are three primary types of administrative penalties in South Carolina DUI cases. These are (i) financial penalties (including reinstatement fees and the requirement to carry SR22 insurance coverage), (ii) mandatory counseling from the South Carolina Department of Alcohol and Other Drug Abuse Services (DAODAS), and (iii) a driver’s license suspension. In this article, we will address the administrative DUI driver’s license suspension in detail.
When are You at Risk for an Administrative Driver’s License Suspension in South Carolina?
South Carolina’s administrative DUI driver’s license suspension law appears in Section 56-5-2951 of the Code of Laws. In pertinent part, the law states:
“The Department of Motor Vehicles shall suspend the driver’s license, permit, or nonresident operating privilege of, or deny the issuance of a license or permit to, a person who drives a motor vehicle and refuses to submit to a test provided for in Section 56-5-2950 or has an alcohol concentration of fifteen one-hundredths of one percent or more. The arresting officer shall issue a notice of suspension which is effective beginning on the date of the alleged violation.”
In other words, there are two circumstances in which a DUI traffic stop can result in an administrative suspension: (i) you refuse a breath or blood test in violation of South Carolina’s “implied consent” law, or (ii) you submit to testing and your blood alcohol concentration (BAC) is recorded at 0.15 percent or more. In either of these scenarios, the arresting officer will issue a “notice of suspension,” and the suspension will be effective immediately.
What are Your Rights After Receiving a “Notice of Suspension” During a DUI Arrest?
If you receive an administrative suspension during your DUI arrest, you have two options, both of which must be exercised within 30 days of the date of your notice of suspension.
First, you have the right to request an administrative hearing. This is a formal, contested hearing before the Office of Motor Vehicle Hearings within the South Carolina DMV.
Second, you have the right to obtain a temporary alcohol license (also known as a temporary alcohol restricted license, or “TARL”). This costs $100, and it allows you to “drive without any restrictive conditions pending the outcome of [your] contested case hearing” at the Office of Motor Vehicle Hearings.
If you request an administrative hearing within 30 days, you will receive a case hearing date from the Office of Motor Vehicle Hearings. You must make arrangements to be at your hearing as scheduled, and you will want to have an experienced Rock Hill, SC DUI attorney representing you. The hearing is not simply a formality, and in order to restore your driving privileges, you must be able to present successful arguments as to whether:
You were lawfully arrested and detained;
You were given a written copy of and verbally informed of your rights under South Carolina’s “implied consent” law;
You violated South Carolina’s “implied consent” law; or,
There were issues with your breath or blood test.
Examples of issues with breath and blood tests that can support arguments for driver’s license reinstatement after an administrative suspension include:
The officer who administered the test was not qualified to do so under South Carolina law;
The test was not administered in compliance with South Carolina law;
The testing device was not functioning properly during your breath or blood test.
While an administrative hearing is not a trial and is not subject to the same procedures and protections as criminal matters in state court, it is still a complex process that requires experienced legal representation. Additionally, the consequences of failing to represent yourself effectively can be severe. If you are unable to drive, this might mean that you are unable to work (or have a far more difficult time getting to work on a daily basis); and, if you get pulled over for driving on a suspended license, you can face additional criminal penalties—including a longer-term driver’s license suspension.
What Happens if You Lose Your Administrative Suspension Hearing?
If you lose your administrative suspension hearing, your administrative suspension will remain in effect; and, if you obtained a temporary alcohol license, this license would be revoked. However, the matter is not necessarily over. If you have grounds and choose to do so, you can appeal the outcome of your hearing by filing a request with the South Carolina Administrative Law Court. When you file a request for an appeal, this “stays” your administrative suspension, which means that you will be able to continue driving while your appeal is pending.
If you do not file an appeal, or if your appeal is unsuccessful, then you will be required to enroll in an Alcohol and Drug Safety Action Program with the DAODAS. Your options for driving will be limited to obtaining a “restricted” license (the same would apply if you did not request an administrative hearing within 30 days of your arrest). A restricted license allows you to drive only to your Alcohol Drug Safety Action Program classes and, “to and from work and [your] place of education and in the course of [your] employment or education during the period of suspension.”
Discuss Your Administrative Suspension with a Rock Hill DUI Defense Attorney
If you have been arrested for DUI in Rock Hill, SC and would like to speak with a DUI defense attorney about challenging your administrative suspension, we encourage you to contact us promptly. To schedule a confidential consultation at The Law Offices of Michael L. Brown, Jr., call us at 803-328-8822 or request an appointment online now.
When you get arrested for driving under the influence (DUI) in South Carolina, you are innocent until proven guilty. You are entitled to this “presumption of innocence,” and it is the prosecutor’s job to prove that you deserve to be convicted.
While the burden of proof rests on the prosecution, prosecutors in South Carolina can—and frequently do—secure DUI convictions. Here, Rock Hill defense attorney Michael Brown explains what it takes for prosecutors to prove a DUI case in South Carolina.
The Prosecution’s Burden of Proof in a South Carolina DUI Case
Driving under the influence is a criminal offense in South Carolina. This means that in DUI cases, prosecutors must prove the defendant’s guilt “beyond a reasonable doubt.”
“Beyond a reasonable doubt” is the highest burden of proof in the U.S. justice system. But, despite the fundamental importance of the prosecution’s burden of proof in criminal cases, it is not well-defined. For example, in South Carolina, judges typically use one of two definitions when providing instructions to the jury. In most cases, the judge will instruct the jury that either:
Reasonable doubt is the kind of doubt that would cause a reasonable person to hesitate to convict; or,
Reasonable doubt is the kind of doubt that prevents you from being firmly convinced of the defendant’s guilt.
In either case, the “beyond a reasonable doubt” standard sets a high bar. Even so, it is a bar that prosecutors can overcome—and it is a bar that they do overcome in many cases. As a result, DUI defendants need to take their cases very seriously, and this starts with hiring an experienced defense lawyer as soon after their arrest as possible.
The Three “Elements” of a DUI Charge in South Carolina
Another important aspect of prosecutors’ burden of proof is that they must meet this burden with respect to each “element” of the defendant’s charge. Under South Carolina’s DUI statute (Section 56-5-2930 ), there are three “elements” that prosecutors need to prove:
The defendant was driving a motor vehicle;
The defendant was under the influence of alcohol; and,
The defendant’s ability to drive was “materially and appreciably impaired.”
1. Driving a Motor Vehicle
South Carolina’s DUI law only prohibits drunk driving behind the wheel of a “motor vehicle.” The law defines a “motor vehicle” as: “[A] passenger car, truck, van, or recreational vehicle required to be equipped with safety belts by Federal Motor Vehicle Safety Standard No. 208 (49 CFR 571.208), manufactured after July, 1966.” If you got pulled over but you weren’t behind the wheel of a “motor vehicle,” then you aren’t guilty of DUI.
2. Under the Influence of Alcohol
To secure a DUI conviction in South Carolina, prosecutors must be able to prove that the defendant was “under the influence” of alcohol or another drug. While the law does not specifically define what it means for a person to be under the influence, it provides that a blood alcohol concentration (BAC) of 0.06 or 0.07 percent can be considered evidence of guilt, and that a BAC of 0.08 percent or above creates an “inference” that the defendant was under the influence behind the wheel.
This means that a high BAC is not conclusive evidence of being under the influence. However, it also means that a high BAC is not the only evidence prosecutors can use to establish guilt in a DUI case. So, even if you refused the breath test (or your BAC reading is invalid or unreliable), prosecutors may still be able to prove that you were under the influence through other means.
3. “Materially and Appreciably Impaired”
In addition to proving that you were under the influence, prosecutors must also be able to prove that your ability to drive was “materially and appreciably impaired.” What does this mean? Once again, the statute is not entirely clear. While prosecutors will try to use this lack of clarity to their advantage, an experienced criminal defense lawyer can also use it to raise questions about the sufficiency of the prosecution’s evidence of guilt.
DUI vs. DUAC
When talking about what prosecutors need to prove in a South Carolina DUI case, it is also important to address the distinction between DUI and DUAC.
In South Carolina, DUAC is short for “driving with an unlawful alcohol concentration.” If you took the breath test and blew above the legal limit, there is a good chance that you are being charged with DUAC. In a DUAC case, the “elements” that prosecutors need to prove are different. To secure a conviction, prosecutors only need to prove that:
The defendant was driving a motor vehicle; and,
The defendant’s BAC was 0.08 percent or above.
In a DUAC case, it doesn’t matter if you were under the influence, and it doesn’t matter if your driving abilities were “materially and appreciably impaired.” If prosecutors can prove that you were driving a motor vehicle and your BAC was over the legal limit, this is enough to satisfy their burden of proof.
What Evidence Can Prosecutors Use in a DUI (or DUAC) Case?
When pursuing DUI charges, prosecutors can use a variety of forms of evidence to prove influence and impairment. Some examples include:
The arresting officer’s observations before your traffic stop
The arresting officer’s observations during your traffic stop
What about a DUAC case? Remember, in these cases, all prosecutors need to prove is that your BAC was 0.08 percent or above. As a result, if your breathalyzer test result isadmissible in court, this could be all prosecutors need to convict you.
Discuss Your DUI (or DUAC) Case with an Experienced Defense Attorney in Rock Hill, SC
While prosecutors have a variety of ways to prove defendants’ guilt in drunk driving cases, there are also several possible defenses to DUI (and DUAC) charges in South Carolina. If you would like to know what defenses you can use to fight your case, call 803-328-8822 orcontact us online for a free consultation.
