Mount Pleasant DUI Lawyer

Being pulled over for a driving under the influence (DUI) offense is an unwelcome experience for anyone, but this situation could escalate if you are not familiar with your legal rights, or if you have previous criminal convictions for DUI on your record already. A Mount Pleasant DUI lawyer could assist you with understanding how this will affect your driving record, your criminal record, and your ability to drive (suspended driver’s license) in the near future.

An arrest could be followed by official procedures like requesting blood alcohol content (BAC) test, booking, taking photographs, fingerprinting, police interrogation, and the scheduling of a bond hearing. Going through this process could be overwhelming or confusing for you, but a criminal defense attorney in Mount Pleasant could explain what to expect during each phase of the case shortly after you have been arrested.

Defining Operating a Vehicle Under the Influence

State laws under South Carolina Code of Laws Unannotated Section 56-5-2930 state that a person could be accused of operating a vehicle under the influence of drugs or alcohol if their blood alcohol content test reads higher than 0.08 percent. Furthermore, someone who tests between 0.05 percent and 0.08 percent, could still be charged with driving under the influence if there are other factors that support probable cause.

Administrative penalties could also apply based on South Carolina’s implied consent law. This becomes important when the party pulled over refuses to get their BAC tested. While a driver can refuse this test, it means an automatic license suspension under South Car. Code of Laws Section 56-5-2950.

The driver’s license could be suspended for a minimum of six months with the option of the driver overcoming that suspension by participating in the Ignition Interlock Device Program.

Criminal Penalties for DUI

In addition to the administrative penalties that could apply for a person accused of a DUI, these convictions can also lead to charges based on whether this is the first, second, third or fourth or subsequent DUI.

A first offense, lowest level BAC, DUI could be charged as a misdemeanor that is punishable by up to 30 days in jail in addition to a six-month license revocation and a $400 fine. A second offense DUI could be punished by up to one year in jail with a one-year license revocation. More serious penalties apply for fourth or subsequent DUI charges, which could be explained by an experienced Mount Pleasant criminal defense attorney.

Legal Processes in DUI Cases

Navigating a DUI charge is complex, involving multiple legal processes that you must understand to effectively protect your rights. A key aspect of DUI cases is South Carolina’s implied consent law, which mandates that by driving on the state’s roads, you consent to chemical tests if lawfully arrested for DUI. Refusal to submit to these tests can result in immediate penalties, including license suspension. For instance, under South Carolina Code § 56-5-2950, refusal to take a Breathalyzer or other chemical test will result in an automatic six-month license suspension for a first offense, and this period increases with subsequent refusals.

Following an arrest, an administrative hearing determines the status of your driving privileges. You have the right to request this hearing within 30 days to contest the suspension of your license due to test refusal or failure. The hearing is separate from the criminal proceedings and focuses on the legality of the arrest and the procedures followed by law enforcement.

If your case proceeds to criminal court, the prosecution must prove beyond a reasonable doubt you were impaired. Evidence, including chemical test results and officer testimony, will play a significant role. However, if you refused testing, the prosecution might use your refusal as evidence of guilt.

Understanding these processes and your rights, especially concerning implied consent and the potential consequences of refusing tests, is essential. Consulting a skilled DUI lawyer in Mount Pleasant can provide guidance through each step, ensuring your rights are defended at every stage.

Types of Assistance Provided by A Mount Pleasant DUI Attorney

A Mount Pleasant DUI lawyer could serve in numerous different roles for the duration of your case. A criminal defense attorney can explain the specifics of the charges against you and how any previous convictions on your record for DUI could influence the charge currently in question.

A lawyer could pursue alternative options, such as looking to see if the case could be dismissed. If your DUI charge is already pending, you should be able to understand how the case moves through the criminal justice system by working with an attorney.