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Charleston DUI Lawyer

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Charleston DUI Lawyer

Charleston DUI Attorney

Although many people enjoy socializing over adult beverages, a night of overindulgence can land you with a serious criminal charge, especially if you are pulled over and found to be over the allowable blood alcohol content level for the state. The legal and personal challenges that follow a DUI arrest can feel overwhelming. Working with an experienced Charleston DUI lawyer is critical to building a strong defense and protecting your rights throughout this complex process.

At Axelrod & Associates, P.A., we understand what’s at stake when you face DUI charges. Our team can provide you with dedicated, results-driven representation. In an initial consultation, we can thoroughly examine every aspect of your case to build a defense. Whether it’s challenging evidence, negotiating with prosecutors, or fighting for a favorable outcome in court, we are here to represent your interests.

best dui attorney in charleston

Why Choose Axelrod & Associates, P.A.?

At Axelrod & Associates, P.A., we bring decades of experience in defending clients against DUI charges in Charleston. Our team takes a personalized approach to every case, carefully analyzing the evidence, identifying weaknesses in the prosecution’s argument, and tailoring a defense strategy to fit your unique circumstances.

When you choose Axelrod & Associates, P.A., you gain a team dedicated to protecting your rights and fighting for the optimal outcome. We understand the serious consequences of a DUI conviction, but our efforts can help you move forward with confidence. Contact us today to discuss your case and begin your defense.

Understanding South Carolina’s DUI Laws

In South Carolina, driving under the influence (DUI) is defined as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Even if your BAC is lower than the legal limit, you could still face DUI charges if your ability to drive is impaired by alcohol, drugs, or a combination of both. South Carolina law also applies to drug-related impairments, including prescription medications and illegal substances.

If you are arrested for a DUI, you may be subject to both criminal and administrative penalties. Police officers will typically administer field sobriety tests, followed by a breathalyzer or blood test, to determine your BAC.

Refusing a chemical test can lead to immediate penalties, including an automatic license suspension. Drivers under the age of 21 are not allowed to drive after consuming any alcohol, and commercial drivers are held to the stricter standard of 0.04% or higher BAC.

Potential Penalties for a DUI in Charleston

The potential penalties for a DUI conviction in South Carolina can be serious and long-lasting, depending on the circumstances of the offense. For a first offense, those convicted may face fines, a license suspension, and mandatory alcohol education classes. The length of the license suspension can vary, and drivers may be required to install an ignition interlock device in their vehicles.

Subsequent offenses can result in more serious penalties, including longer license suspensions, larger fines, mandatory community service, and longer periods of alcohol education. For those who’ve been convicted multiple times, the penalties can become even more severe, potentially including lengthy suspensions and substantial fines, along with a higher likelihood of jail time.

In cases where a DUI leads to injuries or fatalities, the charges become more serious, and the penalties increase significantly. Additionally, drivers may face heightened penalties if they were under the influence of drugs or refused chemical testing when stopped. Navigating the potential penalties associated with a DUI requires understanding both the immediate and long-term consequences, and having experienced legal representation is crucial for minimizing these penalties.

Navigating the Provisional Driver’s License Requirements

In South Carolina, if your license is suspended due to a DUI or DUAC (driving with an unlawful alcohol concentration) charge, you may be eligible for a provisional driver’s license under certain conditions. This license allows you to drive under specific restrictions, such as to and from work, school, or medical appointments, while your full driving privileges are suspended. The eligibility for a provisional license is not automatic, and you must meet specific criteria.

To qualify for a provisional license, you must have a valid South Carolina driver’s license or one that was valid at the time of the violation. Additionally, you must have complied with any prior suspensions, revocations, or cancellations, and your BAC must be 0.14 or lower if the violation occurred before May 19, 2024. You must also be enrolled in the Alcohol and Drug Safety Action Program (ADSAP).

Effective May 19, 2024, the law changed, and a provisional license will no longer be issued for first offenses involving a BAC of 0.14 or higher. For repeat offenders or those with aggravated BAC levels, the requirements are stricter, and you may be required to install an ignition interlock device in your vehicle.

Potential Defenses Against a DUI in Charleston

An experienced attorney in Charleston may employ several potential defenses to challenge the evidence used by prosecutors when working to find a favorable outcome to their client’s case. One defense is challenging the validity of the traffic stop itself. If the officer did not have reasonable suspicion or probable cause to stop the vehicle, the court may rule that the arrest was unlawful. This could potentially result in a dismissal of charges.

Another defense is questioning the accuracy of the breathalyzer or blood tests. These tests can sometimes produce false results due to equipment malfunction, improper testing procedures, or the presence of certain substances. An attorney can also argue that the field sobriety tests were not properly administered. They might also assert that medical conditions or other factors may have impaired the individual’s ability to perform the tests accurately.

A DUI attorney may challenge the officer’s observations by arguing that signs of intoxication were caused by other factors, such as fatigue or medical conditions. These defenses are typically tailored to the unique circumstances of a client’s individual case.

How an Attorney Can Help

Hiring an attorney is a crucial first step for any client seeking to avoid serious penalties and a criminal record. An attorney is a trusted advisor and legal counselor for clients, as they can explain the state’s complex DUI laws, assess the evidence used against you, and build a strong defense strategy.

One of the primary ways an attorney helps is by challenging the legality of the traffic stop. If the stop was not based on reasonable suspicion, any evidence gathered during that stop may be inadmissible in court.

An attorney can also examine the administration of field sobriety tests and chemical tests, making sure they were conducted properly and that the results are valid. If there are issues with the evidence, your attorney can use those weaknesses to negotiate a reduction of charges or, in some cases, a complete dismissal.

A skilled DUI attorney can guide you through the legal process, explaining your rights, the potential consequences of a conviction, and the most effective way to approach your case. By having a dedicated legal professional on your side, you increase your chances of achieving a favorable outcome for your situation.

FAQs About Charleston, SC DUI Laws

How Much Does a DUI Attorney Cost in SC?

The cost of a DUI attorney in South Carolina varies, depending on the complexity of your case, the lawyer’s experience, and the time required to handle your defense. While DUI attorney fees can range widely, investing in skilled representation is crucial to protect your rights and minimize the long-term consequences of a conviction. Many attorneys offer consultations to discuss fees and payment options.

What Is the Optimal Defense Against a DUI?

The optimal defense against a DUI depends on the specifics of your case. Common strategies include:

  • Challenging the accuracy of breathalyzer tests
  • Disputing field sobriety test results
  • Identifying procedural errors made by law enforcement

A skilled DUI lawyer can analyze the details of your arrest, develop a tailored defense strategy, and work to weaken the prosecution’s case against you.

Can a DUI Be Dismissed in SC?

Yes, a DUI charge in South Carolina can be dismissed if your attorney identifies flaws in the state’s evidence or proves that law enforcement violated your rights. Common reasons for dismissal include lack of probable cause for the stop, improperly conducted tests, or mishandling of evidence. An experienced DUI attorney can carefully review your case to explore all possible avenues for dismissal.

Do I Need a Lawyer for a DUI in South Carolina?

Hiring a lawyer for a DUI charge in South Carolina is highly recommended. A skilled attorney can navigate complex legal procedures, challenge the evidence against you, and negotiate for reduced charges or penalties. Without professional legal representation, you risk harsher consequences, such as higher fines, longer license suspensions, and potential jail time. A lawyer can assert your rights throughout the process.

Schedule Your DUI Consultation Today

Facing a DUI charge can feel overwhelming, but it’s important to remember that hope is not lost. Within the legal system, there are opportunities to challenge evidence, negotiate reduced penalties, and build a strong defense to protect your freedom. With the guidance of a skilled DUI attorney, you can navigate this difficult time and work toward a more favorable outcome.

At Axelrod & Associates, P.A., we are committed to fighting for our clients’ futures. Our experienced team can explore every legal avenue to strengthen your case and provide the support you need. Contact our office today to schedule your DUI consultation.

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