Answers to FAQs: What You Need to Know After a DUI Arrest in North Charleston

Getting arrested for driving under the influence (DUI) in North Charleston is a serious matter. You could be facing expensive, long-term, and even life-altering consequences, so you need to protect yourself by all means available. This starts with having a clear understanding of your situation.

Unfortunately, there is a lot of unreliable information out there. These answers to frequently asked questions (FAQs) about facing a DUI charge in North Charleston will help you make informed decisions as you move forward. For personalized legal advice, you should speak with a North Charleston DUI lawyer in confidence as soon as possible.

Will I Go to Jail if I Get Convicted of DUI?

Answer: Jail time is a possibility for all DUI offenders in South Carolina, but it is also possible to avoid jail time in many cases.

Under South Carolina’s DUI law, jail time is a possibility in all cases. However, many offenders are available to avoid jail time by asserting an effective defense strategy. Depending on the circumstances involved, this may mean entering into a pre-trial diversion program, negotiating a plea deal, or arguing for a reduced sentence in court.

How Long Will I Have to Stay in Jail for a DUI?

Answer: The possible jail sentences for DUI in South Carolina depend on your blood alcohol concentration (BAC), your criminal history, and other factors.

For first-time offenders, a DUI charge can carry from 48 hours to 90 days in jail depending on blood alcohol concentration (BAC) level and other factors. If you are being charged as a repeat offender, you could be facing anywhere from five days to seven years behind bars.

Is My Driver’s License Automatically Suspended After a DUI Arrest?

Answer: Your driver’s license could be suspended automatically after your DUI arrest, depending on what happened during your traffic stop.

If you refused the breathalyzer during your DUI stop, your driver’s license should have been suspended automatically. The same is true if you took the breathalyzer and blew 0.15 percent or above. You can challenge this automatic suspension by requesting an administrative hearing within 30 days.

How Long Will I Lose My Driver’s License for a DUI?

Answer: The duration of your driver’s license suspension will be determined during your DUI case.

Similar to the possible jail sentences for DUI in South Carolina, the duration of your driver’s license suspension will be determined based on the facts (and the outcome) of your case. Driver’s license suspensions can last from several months to several years, though it will be possible to obtain a route-restricted license, provisional license, or temporary alcohol license (TAL) in some cases.

How Can I Get My DUI Charge Dismissed in South Carolina?

Answer: There are several potential defenses to DUI charges in South Carolina. Whether you can argue for dismissal in your case depends on the specific facts and circumstances involved.

The ways to get a DUI charge dismissed in South Carolina range from showing that the police violated your constitutional rights (i.e., by conducting an unlawful traffic stop) to showing that the prosecution doesn’t have enough evidence to prove your guilt beyond a reasonable doubt. When you hire an experienced DUI lawyer to represent you, your lawyer will evaluate all potential defenses and build an effective case strategy in light of the facts and circumstances at hand.

Should I Plead Guilty to DUI in South Carolina?

Answer: Unless otherwise advised by your attorney, you generally should not plead guilty to a DUI charge in South Carolina.

Pleading guilty to DUI can be an extremely costly mistake. Even if you were driving drunk, you may have defenses available, and you may even be able to avoid a conviction entirely by challenging the prosecution’s case or entering into a pre-trial diversion program.

What Happens if You Refused the Breathalyzer?

Answer: If you refused the breathalyzer during your DUI stop, you are facing immediate consequences, and the prosecution may be able to use your refusal against you.

Under South Carolina’s “implied consent” law, refusing the breathalyzer can have immediate consequences—and this is true regardless of whether you were driving drunk. Not only can you lose your driver’s license immediately (subject to challenge if you request a hearing within 30 days), but the prosecution may also be able to use your refusal against you.

What Happens if You Refused the Field Sobriety Tests?

Answer: Refusing the field sobriety tests generally does not have negative consequences, and it can help avoid unnecessary issues in many cases.

South Carolina’s “implied consent” law only applies to the breathalyzer. You are not required to take the field sobriety tests; and, if you refuse to take them, the prosecution cannot use this against you in court.

How Can I Dispute My BAC Reading or Field Sobriety Test Results?

Answer: There are several ways to dispute both BAC readings and field sobriety test results.

The breathalyzer and the field sobriety tests can be challenged on various grounds. If you blew above the legal limit or “failed” the field sobriety tests, your DUI lawyer can determine if you have grounds to challenge your breath test or challenge your field sobriety test results.

Do I Need to Hire a DUI Defense Lawyer?

Answer: To protect yourself to the fullest extent possible (and minimize your risk of facing a wrongful conviction or unjust sentence), you need an experienced DUI lawyer on your side.

Along with jail time and loss of driving privileges, DUI convictions in South Carolina can carry additional penalties, and they can negatively impact your life in other ways as well. To make sure you are protecting yourself to the fullest extent possible, you need to work with a North Charleston DUI lawyer who can use his or her experience to your advantage.

Schedule a Free Consultation with North Charleston DUI Lawyer Rad S. Deaton

If you are facing a DUI charge, we strongly encourage you to contact us for more information. To schedule a free consultation with North Charleston DUI lawyer Rad S. Deaton as soon as possible, call 843-225-5723 or tell us how we can reach you online now.