Georgetown DUI Lawyer

Georgetown DUI Attorney

South Carolina has made several updates to its DUI laws in recent years in an effort to reduce the number of violations through harsher punishments. It is important to understand the potential consequences of this charge, as a conviction can have a significant impact on your future. If you are facing DUI charges, it is vital that you work with a Georgetown DUI lawyer as soon as possible.

Georgetown, SC, DUI Lawyer & Defense Law Firm

A criminal defense lawyer is the strongest advocate who can work for you when facing charges of any kind. DUI defense lawyers like those at Axelrod & Associates, P.A., understand the often complex regulations of DUI laws in Georgetown.

Whether this is a first-offense driving under the influence or you are facing multiple offense charges, your attorney can evaluate the evidence and work to reduce or remove your charges, depending on the details of your case. Everyone deserves a fair trial, and we can work to ensure you obtain the most favorable outcome in your case.

What Constitutes a DUI in Georgetown, SC?

Driving under the influence (DUI) of drugs or alcohol is illegal in every state in the country. To determine whether an individual is under the influence, an arresting officer may conduct field sobriety tests, such as a breathalyzer test. These tests are used to determine a person’s blood alcohol concentration (BAC). The following BAC levels represent the legal threshold in various cases:

• No driver is legally allowed to operate a vehicle of any kind with a BAC of 0.08% or higher
• Federal regulations do not allow a commercial driver to operate a vehicle with a BAC of 0.04% or higher.
• Underage drivers can be charged if there is any detectable BAC, as South Carolina has a zero-tolerance policy for underage drivers.
• Similarly, the presence of any amount of drugs in one’s system is illegal and will garner driving under the influence charges.
• Lastly, it is possible to be charged with a DUI for a BAC under a legal threshold if an officer concludes there were any signs of intoxication, such as erratic driving.

How Can a Georgetown DUI Attorney Help My Case?

While every individual can legally represent themselves in court, it is not recommended. Defense attorneys have extensive experience handling similar cases and are better equipped to address the details of your circumstance in effective ways that may help mitigate potential penalties or even get your case dismissed. Some of the defense methods used by a skilled Georgetown DUI lawyer include:

• Challenging the legality of the initial traffic stop. Your attorney can argue that the arresting officer did not have probable cause to initially stop you. A successful challenge could lead the court to dismiss any subsequent charges if the initial traffic stop was not conducted legally.
• Disputing the chemical or field sobriety tests. Many officers will use standard field sobriety tests, such as walking a line, one-leg stands, and other mobility tests, in order to gauge an individual’s impairment. However, these tests are inherently subjective and could be affected by outside factors, such as the weather or anxiety. Your attorney may also argue that the test was improperly administered.
• Negotiating for a plea deal. In some cases, your attorney may effectively negotiate for reduced charges or penalties for pleading guilty to a lesser offense, such as reckless driving. Experienced attorneys will know when a plea deal is the most effective strategy and can better negotiate for favorable terms.

While every individual case is unique and is subject to the evidence and details present, these are just some of the many ways in which an experienced DUI defense attorney can build a defense strategy on your behalf.

What Are the Penalties for a DUI Charge in Georgetown, SC?

The penalties for being convicted of a DUI in South Carolina are dependent on certain factors, such as whether the driver has prior convictions and what the driver’s BAC was at the time of the arrest. The specific penalties will generally include some combination of the following:

• Fines
• Imprisonment
• Suspension or revocation of your driver’s license
• Mandatory community service
• Installation of an ignition interlock device

The most critical influencing factor for determining penalties is the number of previous offenses. Repeat charges will garner increasingly more severe punishments. Generally, you can expect the following with each subsequent offense:

• First DUI. Convictions result in a six-month license suspension. In many cases, a first offense could lead to community service in place of jail time. A convict could face varying fines and jail time depending on BAC levels:
  • BAC under 0.10% – 2 to 30 days in jail and a $400 fine
  • BAC between 0.10% and 0.16% – 3 to 30 days in jail and a $500 fine
  • BAC over 0.16% – 30 to 90 days in jail and a $1,000 fine
• Second DUI. Convictions result in a one-year license suspension. Offenders may be required to install an ignition interlock device in their vehicle at their own expense. BAC levels will impact the fines and jail time that convicts face:
  • BAC under 0.10% – 5 days to 1 year in jail and a fine of between $2,100 and $5,100
  • BAC between 0.10% and 0.16% – 30 days to 2 years in jail and a fine of between $2,500 and $5,500
  • BAC over 0.16% – 90 days to 3 years in jail and a fine of between $3,500 and $6,500
• Third DUI. Convictions result in a two-year license suspension unless the offense occurs within five years of the previous conviction, in which case the suspension doubles to four years. Higher BAC levels will result in higher fines and more jail time:
  • BAC under 0.10% – 60 days to 3 years in jail and a fine of between $3,00 and $6,300
  • BAC between 0.10% and 0.16% – 90 days to 4 years in jail and a fine of between $5,000 and $7,500
  • BAC over 0.16% – 6 months to 5 years in jail and a fine of between $7,500 and $10,000
• Fourth DUI. Convictions can lead to a permanent license suspension for the driver. A fourth DUI in South Carolina is the first offense to be considered a felony. A convict could face prison time depending on BAC levels:
  • BAC under 0.10% – 1 to 5 years in prison
  • BAC between 0.10% and 0.16% – 2 to 6 years in prison
  • BAC over 0.16% – 3 to 7 years in prison

The penalties for a DUI charge increase with repeat offenses and carry harsher punishments for offenses involving a higher BAC. In order to avoid these consequences, it is essential for drivers to remain aware of these laws.

FAQs

Q: How Much Does a DUI Lawyer Cost in Georgetown, SC?

A: In Georgetown, SC, the cost of attaining a DUI lawyer can vary but will typically range from $2,000 to $5,000. Most attorneys will generally charge a flat fee within this range, with the exact amount depending on the complexity of the case and the lawyer’s previous experience. There may be additional costs, such as court fees, fines, or additional costs due to more complex cases. It’s important to consult with your attorney to discuss payment arrangements.

Q: What Is the New DUI Law in South Carolina?

A: In 2023, South Carolina implemented an update to its implied consent law. Any individual who refuses to submit to a breathalyzer test can have their driver’s license suspended and will be required to install an ignition interlock device for six months. Those who take the test and have a BAC of 0.15 or greater can also experience the same consequences. This is an effort by the state to increase the severity of the penalties associated with driving under the influence violations.

Q: Can a DUI Be Dismissed in Georgetown?

A: It is possible for a driving under the influence charges to be dismissed in Georgetown. In general, having a DUI dismissed requires you to demonstrate that something about the legal procedure was illegal. This could mean that a field sobriety test was improperly administered or that the arresting officer lacked probable cause for the initial traffic stop. If the defendant’s rights were somehow violated or if the prosecution lacks enough evidence to proceed, then the case may be dismissed.

Q: What Is the Difference Between a DUI and a DWI in Georgetown, South Carolina?

A: There is no difference between a DUI and a DWI in Georgetown. SC uses the legal term DUI, or “Driving Under the Influence,” as opposed to the term DWI, or “Driving While Intoxicated,” as other states do. However, there is another violation in SC known as a DUAC, or “Driving With an Unlawful Alcohol Concentration.” An individual can be charged with a DUAC for having a BAC above the legal limit, regardless of showing any signs of intoxication.

Contact Your Georgetown DUI Attorney Today

If you are facing DUI charges of any kind, it is crucial that you begin working with a skilled and qualified DUI defense attorney as soon as possible. The consequences of a conviction can have a significant negative, lasting impact on your life. The team at Axelrod & Associates, P.A., is ready to walk you through the legal process and fight for a favorable outcome. Protect your future by contacting our office today.