Little River DUI Lawyer

Little River DUI Attorney

Driving under the influence (DUI) is a serious criminal charge. Operating a car while under the influence of drugs or alcohol puts you, the people in the car, and anyone on the road in danger. If you’ve been arrested for a DUI, it can be terrifying. The consequences you face for a mistake include jail time, license revocation, and fines.

These penalties are only if you are convicted of a DUI. Although you have been arrested and charged, you can still fight the charges. This is made easier and more likely to succeed with the help of a DUI defense attorney. An attorney can find ways to mitigate or remove your DUI charges by fighting for a lesser sentence, determining if your civil rights were violated, or challenging evidence. You deserve a strong defense for DUI charges.

Axelrod & Associates: Protecting Your Future

Conviction of a DUI in Little River, SC not only leads to criminal penalties but could affect the rest of your future. At Axelrod & Associates, we strive to protect your rights and your future in the face of DUI charges. Our attorneys have more than 100 years of experience across different fields of law. This immense experience gives us the necessary tools and knowledge to build an effective DUI defense for your unique situation. We provide you with the individualized care and legal support that you need.

Understanding South Carolina DUI Laws

State law defines driving under the influence as:

1. Operating a vehicle with a blood alcohol content (BAC) level of 0.08% or higher
2. Operating a vehicle while under the influence of drugs, alcohol, or other intoxicating substance to the point that the person’s ability to drive is materially impaired

A person can have a BAC under 0.08% and still be arrested, charged, and convicted of a DUI. Being pulled over with a BAC between 0.05% and 0.08% may allow for a DUI arrest if there is other evidence of impairment.

DUI Penalties

The severity of penalties for a DUI conviction depends on whether the driver has prior offenses or if there were any aggravating factors involved in the crime. The penalties for offenses when there are no aggravating factors include the following:

First Offense:

• Suspension of one’s driver’s license for 6 months
• Fines of up to $400 and up to $992 with assessments and surcharges
• Imprisonment between 48 hours to 30 days

Second Offense:

• Suspension of one’s driver’s license for 1 year
• Fines of up to $2,100 and up to $10,744.50 when including assessments and surcharges
• Imprisonment between 5 days and 1 year

Third Offense:

• Suspension of one’s driver’s license for 2 years
• Suspension of one’s driver’s license for 4 years if the third offense occurred within 5 years of the first offense
• If the third offense occurred within 10 years of the first offense, confiscation of the vehicle if it belongs to the offender or someone the offender lives with
• Fines between $3,800 and $6,300 and up to $13,234.50 with assessments and surcharges
• Imprisonment between 60 days and 2 years

Fourth or Subsequent Offense:

• Permanent driver’s license revocation
• Imprisonment between 1 and 5 years

When there are aggravating factors involved, the charge becomes a DUI felony. Aggravating factors include:

• The offender caused bodily injury to another person while driving under the influence. This results in a mandatory fine between $5,100 to $10,100 and up to $21,119.50 with assessments and surcharges. It also results in between 30 days to 15 years in prison.
• The offender caused the death of another person while driving under the influence. Penalties include a mandatory fine between $10,100 and $25,100 with assessments and surcharges up to $52,244.50. It also includes imprisonment between 1 and 25 years.

Penalties for a DUI are severe, and it’s important to work with an experienced attorney to lessen the punishment you may be facing.

FAQs

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

A: It isn’t recommended to go without an attorney against a DUI charge. Legal representation gives you the most likely chance of avoiding a conviction or mitigating your penalties. Without an attorney, you will be facing prosecutors alone. An attorney can help you understand and navigate criminal court while aiming to prevent you from having a permanent criminal record. Attorneys have a deep understanding of DUI law and defenses for your case.

Q: How Much Does a DUI Lawyer Cost in South Carolina?

A: The cost of a DUI defense attorney in South Carolina varies based on several factors. These include:

• The severity and complexity of your case, such as whether there are aggravating factors in your DUI or you have prior convictions
• The experience of the attorney with cases like yours
• The attorney’s fee structure and whether they charge hourly, a flat fee, or by contingency
• The location of the attorney

Before you begin working with an attorney, always talk through their fee structure. Be sure that you can afford their services throughout your entire case.

Q: How Do You Beat a DUI in South Carolina?

A: To overturn a DUI in South Carolina, you need an experienced DUI defense lawyer. They can look at your case and determine what defense may apply to your situation. This may include challenging the results of the blood or breath test, challenging the legality of a DUI checkpoint, or showing that the prosecution can’t prove that you were operating the vehicle at the time.

Q: Can a DUI Be Dismissed in South Carolina?

A: Yes, a DUI can be dismissed with the efforts of an experienced DUI defense attorney. Potential defenses that can secure a dismissal include:

• There was improper administration of the blood or breath chemical tests, and the test can’t be used as evidence.
• The officer had no probable cause to pull you over, and therefore any evidence gained at the arrest is inadmissible.
• The field sobriety test was not done according to procedure.
• The officer failed to follow South Carolina law regarding videotaping and bodycam arrest requirements.

Contact Axelrod & Associates

If you’ve been arrested or charged with a DUI in Little River, contact Axelrod & Associates. We understand the overwhelming situation you are in. Our attorneys want to defend your rights and begin building a defense as soon as possible.