Facing a DUI in South Carolina in 2025: Key Lessons from the Past Year

Dec 1, 2024 | DUI Attorney, DUI Defense

DUI in South Carolina
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If you are facing a DUI in South Carolina heading into 2025, there is a lot you need to know. You need to be very careful to protect yourself and make sure you do everything you possibly can to avoid unnecessary consequences—both for yourself and your family.

So, what can (and should) you do to protect yourself and your loved ones? Here are some key lessons from the past year:

Understanding the Lifetime Costs of a DUI Conviction in South Carolina

One of the easiest ways to ensure that you make informed decisions is by learning what is at stake in your DUI case. Once you understand everything that you have to lose, you will realize that fighting your DUI is the only practical option you have available.

The penalties you face in court will be just the beginning if you get convicted. The costs of a DUI conviction can truly last a lifetime, and a conviction could impact your life in ways you haven’t previously imagined. Learn more: DUI in South Carolina: Understanding 10 Lifetime Costs.

Hiring a DUI Lawyer vs. Representing Yourself in Court

Now that you know why you need to fight your DUI charge, how do you do so? Can you defend yourself in court, or do you need a lawyer to represent you?

We know these are common questions, and we understand why. Most people have concerns about the costs of hiring a DUI lawyer, and they don’t want to incur these costs if either (i) hiring a lawyer isn’t necessary or (ii), given the circumstances surrounding their arrest, there is nothing a lawyer can do to protect them.

But, the reality is that hiring an experienced DUI lawyer could be your least-cost option. Given the popularity (and importance) of this topic, we covered it in a few different ways throughout the year:

Disputing Your Field Sobriety Test “Failure”

When the police stop you on suspicion of DUI, you are not required to take the field sobriety tests. But many people don’t know this, and they take the tests, perform poorly, and then have their “failure” used against them in court.

While this is an all-too-common scenario, there are a variety of ways to dispute field sobriety test “failures” in South Carolina DUI cases. To learn about some options available, read: Did the Police Properly Administer the Field Sobriety Tests During Tour SC DUI Stop?

Disputing Your Blood Alcohol Concentration (BAC) Reading

While you aren’t required to take the field sobriety tests during a DUI stop, you are required to take a blood alcohol concentration (BAC) test in most cases. Typically, this means taking the breathalyzer. If you took the breathalyzer and blew over the legal limit, you can rest assured that the prosecutor’s office will use your BAC against you.

How can you fight back? Here, too, there are several potential options available. You can read How to Keep Your BAC Out of Your South Carolina DUI Case to learn about some options for disputing your BAC reading.

Are You Facing a DUI or a DUAC?

While it’s common to refer to a drunk driving charge as a DUI, there are actually two types of drunk driving charges under South Carolina law: DUI and DUAC.

Which charge are you facing? This question is critically important because the types of evidence required to prove DUI and DUAC are very different—and the defenses to these charges are very different as well. Even though you might think you are facing a DUI charge, there is a good chance that you are facing a DUAC. Learn more: What is a DUAC Charge in South Carolina?

Can (and Should) You Seek Probation for Your DUI?

In South Carolina DUI cases, probation is a potential alternative to jail time. While all DUI charges carry possible jail sentences, judges in the state have the discretion to impose probation instead.

Does this mean that you should seek probation in your DUI case? The short answer is, “It depends.” While this can be one strategy for avoiding jail time, it might not be the only—or best—strategy you have available. For more information about when it might make sense to seek probation to keep yourself out of jail, you can read Probation in South Carolina DUI Cases.

Can (and Should) You Seek a Plea Bargain?

An alternative to seeking probation that can have an even better outcome is to seek a plea bargain. In most cases, plea bargaining means pleading guilty to reckless driving (commonly called a “wet reckless”). If you accept a plea bargain, you may be able to avoid both jail time and probation, and you will be able to avoid the collateral consequences of a DUI conviction as well.

However, accepting a plea bargain also has drawbacks, especially when you have other options available. For some key considerations, you can read:

Can (and Should) You Request a Jury Trial?

Sometimes, the best option is to fight your DUI charge in court. If you must go to court, you must make several important decisions before your trial date arrives. One of these decisions is: Should you request a jury trial?

Just like plea bargaining, requesting a jury trial has both benefits and drawbacks. For some crucial insights, you can read: Should You Request a Jury Trial in Your DUI Case?

Contact Us for a Free Consultation

Are you facing a DUI charge heading into 2025? If so, we can help. To arrange a free consultation with North Charleston DUI lawyer Rad S. Deaton, call 843-225-5723 or request an appointment online today.

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