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DUI charges in South Carolina could result in significant penalties being levied against you. In particular, you could face stiff penalties if you’re a repeat offender. License suspension, fines, interlock ignition devices, and time in jail are all potential penalties for a DUI. However, a Darlington DUI lawyer at Axelrod & Associates, P.A., can help defend you against these charges and possibly enable you to avoid those penalties.
A driving under the influence charge is given when intoxication with either alcohol or drugs leads to a person’s driving being impaired. There will usually be tests administered to determine a driver’s blood alcohol concentration, or BAC. There are a few thresholds that are used for determining a DUI, but there are also ways to charge someone with a DUI beyond examining one’s blood alcohol concentration. A DUI in South Carolina can be charged if law enforcement sees the following:
A Darlington DUI lawyer is crucial to ensuring that you can have a formidable defense against DUI charges. We take a thorough look at your case and prepare a defense against the charges that you’re faced with. Most of the time, people believe that there’s almost no way to defend against a DUI charge because of the tests that are involved.
However, just because you’ve been given a blood alcohol concentration test or a DUI charge doesn’t mean that you’re guaranteed to face the penalties for this offense. In fact, there can be a number of potential issues in the interaction with the officer and possibly even problems with the tests themselves.
We can see if there were any issues with the handling of the test that could result in a questionable result. This could lead to those results being thrown out before the trial begins. There could also be concerns about the probable cause for being pulled over in the first place. Whatever the most appropriate defense in your case may be, we can be prepared to use it to protect your freedom.
A: A license suspension is a mandatory part of a DUI conviction. The length of that suspension is determined by the number of other DUI convictions that you have had in the previous ten years.
A first conviction results in a minimum six-month license suspension, and a second leads to a minimum one-year license suspension. A third conviction within ten years causes a minimum two-year license suspension, but if it’s within five years of your last conviction, it is a felony that bumps it up to a four-year suspension. If you are convicted for a fourth time in ten years, your license will be revoked completely.
A: Implied consent with regard to DUIs involves the tests that determine someone’s blood alcohol concentration. Normally, you would need to give express consent to take this kind of test before it is administered. What implied consent suggests is that, in South Carolina, using the roads means that you have implicitly consented to be tested.
There are penalties for not accepting being tested, and refusing to take one still won’t necessarily mean that you would avoid a DUI conviction. Any impairment, regardless of one’s BAC, could result in a conviction if it can be proven beyond a reasonable doubt.
A: A number of factors will go into determining whether a DUI conviction results in jail time. The length of the sentence is determined by the number of prior offenses and the level of one’s BAC at the time of the DUI arrest.
In the case of a first offense, it may be possible to avoid jail time if the court decides to give you either a fine or community service in place of a jail sentence, which, depending on the BAC, could range from 2-90 days. A second offense could result in a jail term of between five days and three years based on BAC, but there is a possibility of the sentence being suspended. A third offense carries a range of 60 days to five years in jail. Finally, a fourth offense could result in between one and seven years in jail.
A: Driving with an unlawful alcohol concentration, or DUAC, is a similar charge to a DUI. While a DUI requires that there be a demonstration of impairment due to the intoxication, a DUAC charge is a “per se” violation, where merely having a BAC that exceeds the legal limit is enough for a conviction, regardless of impairment.
However, despite the technical difference between the two charges, they are generally treated the same and carry the same penalties. For sentencing, they are used interchangeably. Therefore, someone who is charged with a DUAC after having previously been charged with two DUIs within ten years could be sentenced as if it were their third offense.
DUI charges are not taken lightly by the state and the prosecution. There is a significant effort to deter the violation by attaching stiff penalties to convictions, particularly for repeat offenders.
A DUI, though, is like any other criminal case, in which you have a right to defend against the accusations. Although most people may believe that they cannot defend against DUI charges, it’s important to recognize that many DUI charges have been successfully challenged and dismissed. To ensure that you can have the strongest defense for your case, it’s crucial that you have a Darlington DUI lawyer from Axelrod & Associates on your side. To discuss your case, contact us today.
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