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If you have been arrested for driving under the influence (DUI) in North Charleston, you need to make sure you know what is at stake in your case. You also need to make sure you know what defense options you have available. While DUI charges carry several penalties, there are also several potential defenses, and having all of the information you need is critical for taking the necessary steps to avoid unnecessary consequences.

Penalties for a DUI in North Charleston

We’ll talk about what is at stake in your case first. While the specific penalties you are facing depend on your blood alcohol concentration (BAC), whether you have any prior DUIs, and various other factors, all DUIs carry steep penalties in North Charleston. For examples, for a first-time DUI with a BAC of less than 0.10%, a conviction could lead to:

  • Up to a $400 fine
  • Hundreds of dollars in assessments and surcharges
  • 48 hours to 30 days in jail (or community service in lieu of jail time
  • Six-month driver’s license suspension
  • Mandatory ignition interlock device (IID) installation for up to six months
  • Mandatory completion of an Alcohol and Drug Safety Action Program (ADSAP)

Again, these are the penalties for a standard first-time offense. If your BAC was 0.10% percent or above, if you have one or more prior DUIs on your record, or if you caused a serious or fatal accident while driving under the influence, the penalties you are facing could be even greater.

In addition to these court-imposed penalties, a DUI conviction in North Charleston can have a variety of other consequences as well. For example, a DUI conviction can also lead to:

  • Increased Insurance Premiums – With a DUI on your record, you will have to pay for high-risk insurance coverage (commonly referred to as SR-22 insurance) for three years. This alone will add thousands of dollars to the cost of your DUI conviction.
  • Permanent Record – In South Carolina, DUIs are not eligible for expungement. As a result if you get convicted of DUI in North Charleston, your conviction will stay on your record permanently. This is true even for first-time offenders.
  • Academic Consequences – If you are in college (or planning to go to college), a DUI conviction could impact your academic eligibility. Students can also face disciplinary action at school (in addition to facing criminal penalties in court).
  • Military Consequences – If you are in the military and stationed at Joint Base Charleston, a DUI could have serious consequences for your military career. As the U.S. Government explains, “[a]t a court-martial for drunken driving, the maximum punishment a service member could receive is: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 18 months.”
  • Professional Consequences – Having a DUI conviction on your permanent record can significantly limit your employment prospects going forward. Additionally, if you have a professional license, your DUI could lead to a suspension, revocation, or other disciplinary action.
  • Immigration Consequences – Drunk driving convictions can have serious immigration-related consequences for foreign citizens as well. Depending on your current immigration status, a DUI conviction could lead to revocation of your visa, deportation, and/or loss of your eligibility for naturalization.

Even these are just examples. If you are facing a DUI in North Charleston, it is not an exaggeration to say that a conviction could impact nearly all aspects of your life. As a result, regardless of the circumstances surrounding your arrest, you owe it to yourself to fight your case by all means available.

Defense Options in North Charleston DUI Cases

How can you fight your DUI in North Charleston? Just as the penalties you are facing depend on the specific circumstances of your case, the defenses you have available depend on the specific facts involved. With this in mind, some examples of potential defense options in your DUI case include:

Entering Into a Pre-Trial Diversion Program

If this is your first DUI, you may be eligible to enter into a pre-trial diversion program. While going through the program will involve meeting requirements similar to being on probation, once you complete the program, your DUI charge will be dismissed. If you are eligible for pre-trial diversion and you do not have a strong defense to your DUI charge, this could be your best option.

Negotiating a Plea Bargain

Negotiating a plea bargain is a possibility in all DUI cases—provided that the prosecutor’s office is willing to consider a deal. While accepting a plea bargain involves pleading guilty, it typically involves pleading guilty to a lesser offense like reckless driving. If you are not eligible for pre-trial diversion and you do not have a strong defense to your DUI charge, this could be your best option.

Seeking Pre-Trial Dismissal of Your DUI Charge

In some cases, DUI defendants can seek to have their charges dismissed prior to trial. For example, you may have grounds to seek pre-trial dismissal if: (i) the police stopped you without reasonable suspicion; or, (ii) the police violated your constitutional rights during your traffic stop or arrest. In each of these scenarios, the prosecution’s evidence may be inadmissible in court; and, without admissible evidence, prosecutors won’t be able to secure a conviction in court.

Fighting Your DUI Charge at Trial

Regardless of the facts of your case, you have the right to fight your DUI charge at trial. From issues with your BAC reading to issues with your field sobriety test results, there are a variety of ways to raise a reasonable doubt about whether a conviction is warranted. With that said, asserting any defense in court requires a clear understanding of the relevant facts and the relevant law, and this makes it essential to have an experienced DUI lawyer on your side.

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

Are you facing a DUI in North Charleston? If so, we encourage you to contact us promptly to discuss your case in confidence. To schedule a free consultation with North Charleston DUI lawyer Rad S. Deaton as soon as possible, call 843-225-5723 or contact us online now.