Lexington First-Offense DUI Lawyer

Driving while under the influence of drugs or alcohol is a serious offense that carries significant penalties and long-term repercussions. Defendants could face jail time, expensive fines, and a loss of their driving privileges. A DUI offense puts others at risk. Therefore, prosecutors take these cases very seriously and work hard to secure a conviction.

A Lexington first-offense DUI lawyer could fight for you if you are facing charges. A seasoned DUI attorney could build a strong defense and help you understand your legal options.

How do Courts Treat First-Time DUI Charges?

Judges and prosecutors are not lenient on DUI cases. When someone is driving under the influence, they can cause devastating consequences. DUIs can lead to serious injuries and fatalities. Therefore, judges and prosecutors pursue these cases aggressively.

If someone goes to trial on a DUI charge and is convicted, there is a likelihood they will go to jail. They will also lose their driver’s license for a period of time and be ordered to pay fines. For more information, consult with a first-offense DUI lawyer in Lexington today.

Prosecuting First-Offense DUI Cases

There is a lot of push for the offenders to understand the severity of the DUI laws and their consequences, and for the prosecutors to obtain DUI convictions. Prosecutors do understand there are certain circumstances in mitigation, but overall they are very aggressive in prosecuting DUIs. The public perception of a DUI offense is negative and there is a general thought of having a proper punishment for someone violating the law, especially if someone is injured or if there is an accident and someone is injured.

First-Time DUI Penalties

In a DUI case, it is all about determining the level of intoxication. When determining the severity of the DUI charge, the authorities will need to determine:

• Whether it was a refusal of the breath test
• Whether there was any test at all
• Whether it was a breath test
• Whether it was a urine test
• Whether it was a blood test

If someone is convicted of a DUI with a blood alcohol content (BAC) of 0.09 or less (which is generally going to be a refusal of the test), they are looking at a $400 fine or jail time of 48 hours up to 30 days. It is in a graduated and enhanced penalty depending upon the person’s BAC. If a person is convicted of a DUI with a BAC of 0.1 to 0.15, they are facing a $500 fine or jail time from 72 hours up to 30 days. If they are convicted of a DUI with a 0.16 BAC or above, it is a $1,000 fine or a mandatory minimum of 30 to 90 days in jail.

All of these penalties are for a first-offense DUI in Lexington. As the level of intoxication increases, the penalty increases as the state can prove beyond the reasonable doubt to a jury, the level of intoxication.

A Lexington First-Offense DUI Attorney Could Build a Strong Defense

In a DUI case, the State must prove beyond a reasonable doubt that the person’s mental and physical faculties were materially and appreciably impaired. Knowing that, the defense attorneys are going to walk through each step of the way of building a defense.

The DUI laws in South Carolina are very strict. Relying on prior case law and the statutes is very favorable in defending a DUI in South Carolina compared to other states. The defense attorney will check whether the State has complied with the proper statutes and the specific requirements that the State must record:

• All the field sobriety tests are given to the individual
• Step-by-step as the individual was placed under arrest
• When and how the individual was read the Miranda rights
• When and how the individual was read their implied consent rights
• When and how the individual was notified that they were being video recorded during the breath test procedure and during the 20 minute wait period

If these things are not done or not done correctly, then the arresting officer must submit and must file a written affidavit explaining why they were unable to comply with the mandatory video recording statutes and explain reasonable efforts that were taken to maintain the video equipment. Whether it is a strong or weak DUI case can be solely determined by the level of evidence that has been obtained from audio and video recordings.

The defense attorney will challenge the admissibility of the test results based on whether the tests were given accurately. They will next challenge the breath test and may possibly hire an expert witness to testify about the specifics of the flaws and weaknesses of the breath test. In South Carolina, the Data Master Machine is used. An expert witness may conduct an independent review of certain breath gasps to challenge whether the machine was working properly, whether it was properly calibrated, and attacking the admissibility, accuracy, and reliability of the breath test machine.

Having an accomplished Lexington first-offense DUI lawyer is absolutely critical because they know the tactics used by police and prosecutors to obtain a conviction. If you are facing charges, call today.