What Happens After a DUI Arrest in Darlington County?
There are many issues associated with a drunk driving charge, issues that can give rise to many questions. After all, most people are not familiar with the laws and procedures associated with DUI/DUAC because most people facing DUI charges are first-time offenders.
Remember: An arrest for DUI does not have to result in a conviction for DUI.
Our experienced DUI attorney is happy to answer questions from potential clients about South Carolina DUI. Our Bennettsville and Florence law firm also provides the following information about DUI so you can start learning about the charges you face and the possible consequences.
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Drunk Driving FAQ
Q. Under what circumstances can I be charged with DUI in South Carolina?
A. You can be charged with DUI if the officer believes that your ability to drive has been impaired due to alcohol or drugs. However, many times the officer will arrest you simply because he smells alcohol and feels the need to protect you and others on the roadway. An arrest for DUI is not a conviction for DUI. The State must prove beyond a reasonable doubt that your ability to drive was "materially and appreciably impaired". Your ability to drive safely is the issue.
Q. Under what circumstances can I be charged with DUAC in South Carolina?
A. DUAC stands for Driving with an Unlawful Alcohol Concentration. This is an alternative way of charging a driver for drunk driving but this can only be charged when the Blood Alcohol Concentration (BAC) is 0.08 or greater. If this case is taken to trial, the attorney can inquire about all the facts and circumstances surrounding the incident. In the alternative, a plea to a lesser charge can often be negotiated.
Q. Why don't I just plead guilty?
A. A DUI conviction in South Carolina will stay on your criminal record forever. You may lose your job and your insurance rates will skyrocket. In addition, your driver's license will be suspended. A future DUI conviction will be much more costly. However, an attorney can investigate your case and you may have a valid defense. Your case might be dismissed or you might be able to plead to a lesser charge without all the horrible consequences of a DUI/DUAC conviction.
Q.I was arrested for DUI but I only blew a 0.00 on the breathalyzer. What is going on?
A. The officer believes that you were under the influence of drugs such that your ability to drive was significantly impaired. You can be charged for DUI for driving that is significantly impaired either by alcohol or any other type of substance, including prescribed medicines and illegal drugs.
Q. Is my license suspended once I am arrested for DUI or DUAC?
A. Only if you refused the breathalyzer test or your result was 0.15 or above. In South Carolina, you can continue to drive after your arrest for DUI or DUAC. Your license will not be suspended unless you are actually convicted of drunk driving.
Q. Do I have to take the field sobriety tests?
A. No, you are not required to take the field sobriety tests.
Q. Do I have to take the breathalyzer test, give urine or have blood drawn?
A. Yes. If you do not consent to any of the above, your license will be automatically and immediately suspended for a minimum of 6 months. This is called the implied consent law and all drivers are obliged to provide a sample for BAC analysis. However, this immediate suspension can be appealed and you can then get a drive anywhere license in South Carolina until the suspension hearing.
Q. Why was my license suspended for a 0.15 BAC level (or higher) even though I have not yet been convicted of DUI or DUAC?
A. In South Carolina, your license is always suspended for a BAC level of 0.15 or higher, and it is suspended for at least one month. This goes on your driving record immediately. Insurance companies regularly review your driving record and usually decline to insure you under these circumstances. However, this suspension can be appealed so that your driving record is protected. The suspension must be appealed within 30 days of your arrest. After filing for the appeal, you are eligible to obtain a drive anywhere license in South Carolina.
Q. I am under 21, and my BAC was only 0.02. Why was my license suspended?
A. In South Carolina, the officer can immediately seize and suspend your license under these circumstances. This suspension can also be appealed, if you do so within 30 days of your arrest.
Q. What can I do if my license was suspended when I was arrested for DUI?
A. In South Carolina, your driver's license can be suspended prior to conviction under limited circumstances. You can appeal this suspension, but you must act quickly. The appeal must be filed within 30 days of the arrest date. At the Blake Law Firm, we handle all the paperwork for the appeal and represent you at the suspension hearing. We do not charge any extra for this service.
Q. My license was suspended because of the breathalyzer test but I need to get back and forth from work or school. What can I do?
A. First, you always have the option to appeal your suspension. This is usually your best choice. Or you can get a route-restricted license if your driver's license was not already suspended before you were arrested for DUI or DUAC. You must first sign up for the ADSAP class and then you can go to the DMV and get a license that will allow you to drive to and from work or school during specific times.
Q. I was charged with DUI in South Carolina, but I live in another state. Can I still drive at home?
A. You can drive in your home state until you are convicted of DUI. Upon conviction for DUI, South Carolina will normally report this to your home state, and your home state will suspend your license according to its own laws and procedures. Our attorney represents many people from other states, including nearby North Carolina, who were arrested on suspicion of DUI while traveling along the Interstate 95 or Interstate 20 corridors. We can advise you about your best options, whether you live in North Carolina or elsewhere, if you are charged with DUI as a nonresident.
Q. I was just arrested for drunk driving. What should I do?
A. Because each case is different, it is difficult to deliver advice that covers everyone. That is why it is so important to have an attorney who advises you about your rights and the options that are available in your specific situation. At Blake Law Firm, PA, we advise and represent clients, defending them against drunk driving charges while protecting their rights and considering their futures. We represent you for a flat fee that does not change, however complex your case becomes. However, at this time, the Blake Law Firm chooses to limit its practice to those who are charged with a DUI 1st offense. The Blake Law Firm does not currently take clients charged with 2nd or 3rd DUI, or Felony DUI.
Have Other Questions About South Carolina DUI? Want Information About Your Rights?
Contact our Florence and Bennettsville law firm for answers at DUI. Call us at 843-306-4785 or 888-640-3897 toll free to schedule a free initial consultation.
For more information about DUI defense, visit our DUI Defense page.
For information about the penalties you may face, visit our DUI Consequences page.
For information for out-of-state drivers, visit our Nonresident DUI page.
