Ten Days Following a Columbia DUI Arrest

The ten days following a Columbia DUI arrest are crucial, especially if an individual wants to challenge their license suspension. That is why it is vital that those who have been charged with driving under the influence, speak with a skilled DUI lawyer. A qualified attorney could guide a person through this difficult time, and help them navigate the DUI trial process. If someone has been charged and arrested for a DUI offense, they should speak with an experienced legal advocate and rest assured that they are in capable hands.

Steps to Take in the 10 Days Following a DUI Arrest

One of the most important steps to take in the ten days following a Columbia DUI arrest is hiring an attorney, so they can start preparing the defense. The lawyer needs to start sending out letter to preserve evidence, requesting discovery, and investigating the case, which includes reaching out to the prosecutor, initiating negotiation to get the charges reduced, looking at constitutional issues, seeing whether there was any violations to someone’s constitutional rights, assessing the strengths and weaknesses of the case, and doing a very detailed and thorough review and to see whether any legal defenses apply. There are many steps that need to be done in a short amount of time. One of the most helpful things a person can do is write out everything that has happened, from the initial DUI stop to the arrest, in detail and provide it to their attorney.

Driving During the 10-day Period Following an Arrest

If a person blew below a .16, so their blood alcohol content was .15 or below, their license is not suspended and they can drive in the ten days following a Columbia DUI arrest. If their BAC level is .16 or above, their license is suspended for a month. If they refuse to take the breath test or the data master, their license is suspended for six months. That 10-day period depends on those three things, whether it was a refusal, whether it was .08 to .15, or whether it was .16 or above. It also depends on the age of the person. If someone is under the age of 21 makes a difference in the outcome as well.

Emma’s Law

Emma’s Law was probably the biggest change in the law affecting the ignition interlock device.  There was a very tragic felony DUI case in Lexington County where a young girl was killed by a repeat offender, drunk driver. Emma’s Law was the sponsored bill at the South Carolina General Assembly that increased the penalties for DUI offenses. Now, if individuals want to get their license back, they must agree to having an ignition interlock device installed in their car.

Challenging License Suspension

Following a DUI arrest, law enforcement lead a person into a breath test room and they let a person take the test. The officers have to read them the implied consent rights, the person is given a notice of suspension page if they refuse the test or if they blow a 0.16 or above, and they get a request to contest the case hearing with the Office of Motor Vehicle hearing within 30 days from the notice of suspension. If the person has filed the request properly, a hearing will be scheduled in that timeframe.

Consequences of Not Challenging a License Suspension

If a person does not challenge their license suspension then they will either face a one-month suspension or a six-month suspension of their license. However, with that suspension, they will have to face all of the issues that come with a license suspension. It is not easy, and there are a lot of requirements. People have to retake tests and pay the $100 reinstatement fee. With any suspension, there can be a lot of collateral consequences with the insurance company and having to deal with them.

Depending on what the law is and whether it is a refusal case or a .16 or above, there are requirements regarding the ignition interlock device, the provisional license, and the restricted license and how they apply if the person is eligible.

How a Columbia DUI Attorney Can Help During Those 10 Days

An attorney could go in many different directions when helping someone in the ten days following a Columbia DUI arrest. If it is a felony in the DUI case, a checklist that must be done in hiring independent experts and requesting medical records. In a normal DUI case where they had blood alcohol content, a BAC level, above a .15 and 0.16, they need to contest the case hearing and challenge the one-month suspension for the license or refusal and six-month suspension license. The attorney can help them do that challenge. They have 30 days from that date of arrest to challenge it from that notice to suspension and first 10 days are some of the most critical in the defense. If an individual has been arrested for a DUI offense, they should consult a skilled lawyer that could advocate for them.