Regardless of the circumstances surrounding your arrest, if you are facing a DUI charge in South Carolina, you should talk to a lawyer about the possibility of getting your charge dismissed. Defendants can seek to have their DUI charges dismissed on various grounds—including grounds that exist even when there is no question that they were drunk behind the wheel.

With that said, there are no guarantees. All DUI arrests have the potential to lead to a conviction, and DUI convictions can lead to steep penalties. As a result, it is critical that you make informed and strategic decisions, and the first step is to discuss your options with an experienced Rock Hill DUI lawyer as soon as possible.

5 Options for Getting a South Carolina DUI Charge Dismissed

So, how might you be able to get your South Carolina DUI charge dismissed? Depending on the facts of your case, here are five options that you might have available:

Option #1: Show that the Police Violated Your Rights

If the police violated your rights, this could mean that you are entitled to have the prosecution’s evidence (or at least some of the prosecution’s evidence) kept out of court. Since the prosecution has the burden of proof, keeping its evidence out of court can lead to a dismissal.

Some common examples of violations that can justify excluding evidence in a South Carolina DUI case include:

• Conducting an illegal traffic stop
• Conducting an illegal DUI checkpoint
• Arresting you without probable cause
• Failing to inform you of your rights
• Failing to record your DUI stop

Depending on the circumstances involved, these violations (among others) could lead to some or all of the prosecution’s evidence being rendered inadmissible. To be clear, however, this won’t happen automatically—it is up to you (and your lawyer) to prove that exclusion is warranted.

Option #2: Show that Prosecutors Violated Your Rights

Showing that prosecutors violated your rights can also lead to dismissal of your DUI charge in South Carolina. Prosecutors can violate your rights by:

• Failing to disclose evidence before trial
• Failing to disclose witnesses before trial
• Pursuing a DUI charge that is not supported by probable cause
• Denying your right to a fair trial
• Denying your right to a speedy trial

Proving prosecutors’ violations of your rights is very different from proving police officers’ violations of your rights. However, it can be an equally effective way to have your DUI charge dismissed. As you can see from the list above, prosecutors can violate your rights at various stages during the trial process, so it is important to have an experienced defense lawyer who can help determine when a motion to dismiss may be warranted.

Option #3: Prove that You Didn’t Violate the Law

Of course, you can also seek to have your DUI charge dismissed by proving that you didn’t violate the law. While you don’t need to prove your innocence to avoid a conviction, if you can prove your innocence, this could be your best defense strategy. If your lawyer can clearly demonstrate that the prosecution doesn’t have a case to pursue, then your lawyer may be able to get your DUI charge dismissed before trial.

Option #4: Expose Flaws in the Prosecution’s Case

Even if you can’t prove that you are innocent, you can still seek to have your DUI charge dismissed in South Carolina by exposing flaws in the prosecution’s case. Remember, the prosecution has the burden of proof. If prosecutors cannot meet their burden of proof—if they cannot prove that you were driving under the influence beyond a reasonable doubt—you are entitled to a dismissal. Some examples of potential flaws in the government’s case include:

• Insufficient evidence that your blood alcohol concentration (BAC) was over the legal limit
• Insufficient evidence that your faculties were “materially and appreciably impaired”
• Insufficient evidence that you were “driving” a motor vehicle at the time of your arrest

All it takes to get your DUI charge dismissed in South Carolina is proof that the prosecution’s case is lacking. Even if you were driving under the influence, if prosecutors can’t prove it, you are entitled to a dismissal.

Option #5: Enter Into a Diversion Program

If you are eligible to enter into one of South Carolina’s diversion programs, you may be entitled to a dismissal even if prosecutors can prove your guilt beyond a reasonable doubt. These programs allow eligible offenders to avoid the life-altering consequences of a DUI conviction by complying with conditions that are similar to being on probation. If you are eligible—and if you don’t have grounds to fight your DUI charge—then entering into a diversion program could be your best option.

What if You Can’t Get Your South Carolina DUI Charge Dismissed?

Now that we’ve covered the options for seeking to have your DUI charge dismissed in South Carolina, what if none of these options are available to you? What if the police and prosecutors have handled your case by the book, prosecutors have plenty of evidence, and you aren’t eligible for pretrial diversion?

If this is the case, your best option might be to seek a plea bargain. If you accept a plea bargain, you will still face consequences—but not the life-altering consequences of a DUI. Instead, you will most likely end up with a “wet reckless” on your driving record. This can lead to increased insurance premiums and increase your risk of losing your driver’s license if you get pulled over again; but, if the alternative is having a DUI conviction on your permanent record, seeking a plea bargain could be the smart choice under the circumstances at hand.

Discuss Your Options with an Experienced Rock Hill DUI Lawyer for Free

If you were arrested for drunk driving in South Carolina and want to know more about the options for seeking to have your DUI charge dismissed, we encourage you to contact us promptly. To discuss your case with an experienced Rock Hill DUI lawyer in confidence, call 803-328-8822 or request a free consultation online now.

If you are facing a DUI charge in Rock Hill, the decisions you make now could impact your life for years to come. This includes your decision of whether to request a jury trial in your case. With DUI charges carrying steep penalties (including possible jail time), and with DUI convictions not being eligible for expungement, you need to ensure that you are making informed and strategic decisions with your future in mind.

Does this mean you should request a jury trial in your DUI case?

The short answer is, “It depends.” While choosing a jury trial is a good option in some cases, it is not a good option in others. The best way to approach your case depends on the specific facts and circumstances involved. While it is important to choose wisely, it is also important to choose quickly—and, with this in mind, one of the most important steps you can take is to contact an experienced DUI attorney as soon as possible.

You Have the Right to a Jury Trial in Your South Carolina DUI Case

To be clear, you do have the right to request a jury trial in your DUI case. While some states do not allow jury trials in DUI cases, South Carolina does. As a result, while your case will automatically be scheduled for a “bench trial” (a trial before a judge), it is up to you to decide whether you want a trial by jury.

Should You Request a Jury Trial?

While the specific facts and circumstances of your case will determine whether it makes sense for you to request a jury trial, there are some overarching considerations to take into account. Jury trials and bench trials each have their own benefits (and drawbacks); and, ultimately, you will need to decide which option gives you the best chance of securing a favorable verdict.

Benefits of a Jury Trial

So, why might you want to consider a jury trial? Some of the primary benefits of choosing a jury trial for your DUI case include:

• Selecting the Jury – When you choose a jury trial for your DUI case, you (and your DUI attorney) get to play a key role in selecting the jurors who will decide whether you deserve to be convicted.
• Unanimous Verdict – While the decision of whether to convict is up to the judge in a bench trial, when you request a jury trial, the jurors must reach a unanimous verdict in order to convict you of driving under the influence.
• Sympathetic Jurors – The jurors you select to hear your case might be sympathetic to your situation, and this could make them less willing to render a guilty verdict.
• Motion for Acquittal – Before your case goes to the jury, you (or your DUI attorney) will be able to file a motion for acquittal. This is essentially a request for the judge to decide that the jury isn’t needed because the prosecution hasn’t presented enough evidence to warrant a conviction.
• Grounds for Appeal – Requesting a jury trial also provides additional grounds to file an appeal if necessary.

Benefits of a Bench Trial

Now, why might you want to stick with a bench trial instead of requesting a jury trial? In contrast to jury trials, the benefits of choosing a bench trial for your DUI case include:

• Intimate Knowledge of the Law – The judge presiding over your case will have intimate knowledge of South Carolina’s DUI laws and the constitutional principles that protect you, which means that he or she is less likely to erroneously render a verdict in the prosecution’s favor.
• Strict Application of the Law to the Facts – When deciding whether the prosecution has met its burden of proof, the judge will strictly apply the law to the facts at hand.
• No Irrelevant Facts or Assumptions – The judge will also have a clear understanding of which facts are not relevant to your case, and he or she is unlikely to make assumptions that result in an unwarranted conviction.
• Impartial Decision Maker – While jurors might be sympathetic to your situation, they might also feel very differently if you are being accused of putting others’ lives at risk. A judge will be an impartial decision-maker.
• Quicker and Less Costly – Bench trials are typically quicker than jury trials, which also means that there are typically fewer costs involved.

Alternatives to Requesting a Jury Trial

While requesting a jury trial is one option you have when facing a DUI charge in Rock Hill, it isn’t the only alternative to a bench trial in South Carolina. When deciding how to approach your DUI case, you will also want to consider the following alternatives:

Plea Bargaining

Plea bargaining allows you to avoid the life-altering consequences of a DUI conviction while also avoiding the costs (and inherent risks) of taking your case to trial. In most cases, if you accept a plea bargain in your DUI case, this will result in a conviction for reckless driving. Note that accepting a plea bargain is not the same thing as pleading “no contest.”

Pre-Trial Diversion

If you are a first-time offender, you may be eligible for pre-trial diversion. If you are eligible for pre-trial diversion, you can avoid facing any penalties and avoid having a conviction on your record. If you don’t have strong grounds to fight your DUI, this could be your best option.

Pre-Trial Dismissal

Before you accept a plea bargain or enter into a pre-trial diversion program, you should talk to your DUI attorney about seeking a pre-trial dismissal. If the police or prosecutors violated your constitutional rights, or if prosecutors don’t have the evidence they need to convict you, you may be able to avoid consequences without a bench trial or a jury trial.

Discuss Your Case with a Rock Hill DUI Attorney for Free

If you are facing a DUI charge in Rock Hill, our attorneys can help you choose the best approach to your defense, and we can help protect you by all means available. To learn more in a free and confidential consultation, call 803-328-8822 or request a free consultation online today.

If you are facing a DUI charge in South Carolina, it is critical to understand what is at stake in your case. Drunk driving charges carry serious penalties under South Carolina law—with heightened penalties applying to repeat offenders and those arrested with a blood alcohol concentration (BAC) of 0.10 percent or above. Various other factors can increase the penalties you are facing as well.

South Carolina’s DUI Penalties

While it is important to understand what is at stake in your case, doing so can be complicated. Generally speaking, the penalties that a judge (and the SCDMV) can impose in a South Carolina DUI case include:

• Alcohol education
• Community service
• Driver’s license suspension
• Fines, assessments, and surcharges
• Jail time
• Probation

However, the specific penalties you are facing depend on your BAC, your arrest history (if any), and the circumstances surrounding your current arrest, among other factors. With this in mind, we’ll start by looking at the penalties for “standard” DUIs with a BAC below 0.10 percent or without a BAC reading. These penalties include:

• First Offense – Up to $992 in fines, assessments, and surcharges; 48 hours to 30 days in jail; and up to a six-month driver’s license suspension
• Second Offense (Within 10 Years) – Up to $10,775 in fines, assessments, and surcharges; five days to one year in jail; and up to a one-year driver’s license suspension
• Third Offense (Within 10 Years) – Up to $13,235 in fines, assessments, and surcharges; 60 days to three years in jail; and up to a two-year driver’s license suspension
• Fourth Offense (Within 10 Years) – One to five years of jail time and permanent revocation of your driver’s license

Again, these are the penalties for a “standard” DUI involving a BAC below 0.10 percent or no BAC reading. The penalties increase at BAC levels of 0.10 and 0.15 percent; and, if you are being accused of causing an accident while driving under the influence, you could be facing a felony DUI charge that carries far greater penalties. Depending on the facts of your case, the judge may decide to impose probation, community service, mandatory alcohol education, or other penalties as well.

Jail Time for a South Carolina DUI

For many of the people who contact us after a DUI arrest, one of their top concerns is (understandably) whether they will face jail time if they get convicted. As you learned above, jail time is a very real possibility for a South Carolina DUI—including a “standard” first-time offense. Depending on your BAC and the other factors discussed above, the potential jail sentences for a drunk driving conviction in South Carolina are:

• First Offense – 48 hours to 90 days
• Second Offense (Within 10 Years) – Five days to three years
• Third Offense (Within 10 Years) – 60 days to five years
• Fourth Offense (Within 10 Years) – One to seven years
• Felony DUI – 30 days to 25 years (depending on the specific offense)

Other DUI Penalties You May Be Facing

Depending on the circumstances surrounding your drunk driving arrest, you might not only be facing a DUI charge. In many cases, drunk driving arrests can lead to additional charges—and additional penalties—as well. These may include:

• Implied Consent Violation – If you refused to take a BAC test during your DUI stop, you may also be facing a charge for an implied consent violation. Implied consent violations carry a mandatory administrative driver’s license suspension regardless of whether you were driving under the influence.
• Open Container Violation – If you had an open container in your vehicle, you could be facing a charge for an open container violation as well. These violations carry a fine of up to $100 and up to 30 days in jail.

Additional Consequences of a DUI Conviction in South Carolina

While the penalties for a DUI conviction can be severe, these are not the only consequences about which you need to be concerned. If you get convicted, your conviction will go on your permanent record—and this can negatively impact your life in a variety of ways for years to come. The additional consequences of a DUI conviction in South Carolina can include:

• A substantial increase in your auto insurance premiums for several years
• Additional costs for restoring your driver’s license or obtaining a restricted license
• Education-related consequences (including disciplinary action or loss of scholarships)
• Employment-related consequences (including consequences for military personnel)
• Immigration-related consequences
• Professional disciplinary action (including license suspension or revocation)
• Challenges with anything that requires a background check (i.e., obtaining a loan or securing housing)

Minimizing the Consequences of a DUI Arrest

With these risks in mind, what can (and should) you do to minimize the consequences of your DUI arrest? As soon as possible, you should:

1. Request an Administrative Hearing (if Necessary)

If you refused to take a BAC test, you may need to promptly request an administrative hearing at the SCDMV to protect your driver’s license. If you don’t request a hearing in time, you will waive your right to challenge your administrative license suspension.

2. Make Plans to Attend Your Court Date

Right now, protecting yourself needs to be your top priority. Even though you may not legally be allowed to drive, you still need to attend your court date. You should start making plans now so you aren’t struggling to find a ride to the courthouse when the day arrives.

3. Talk to a Defense Lawyer About Your Case

While there are several ways to fight a DUI in South Carolina, asserting an effective defense requires experienced legal representation. To find out how you can fight your DUI charge, you should discuss your case with a defense lawyer right away.

Arrested for DUI in South Carolina? Discuss Your Case with a Rock Hill, SC Defense Lawyer for Free

Are you facing the consequences of a DUI arrest in South Carolina? If so, we can help, but it is important that you contact us promptly. To discuss your case with an experienced defense lawyer in Rock Hill, SC for free, call 803-328-8822 or tell us how we can reach you online now.

When you are facing a driving under the influence (DUI) charge in South Carolina, one of the first steps in your case will be going to court for your initial appearance. During your initial appearance, the judge will ask you how you want to plead. At this stage, you have three options: You can plead “guilty,” “not guilty,” or “no contest.”

As we have previously discussed, pleading guilty is seldom a good idea. But, what about pleading “no contest”? How is this different from pleading guilty, and should you ever plead “no contest” after a DUI arrest?

“Guilty” vs. “No Contest” in a South Carolina DUI Case

When you plead guilty to DUI, you are admitting to driving under the influence. Your guilty plea will result in a conviction, and you will be subject to all of the penalties that DUIs carry under South Carolina law. While an experienced DUI defense lawyer may be able to help you avoid some of these penalties, there are no guarantees, and the judge won’t go easy on you simply because you accepted responsibility.

Pleading “no contest” has similar consequences. When you plead “no contest,” you accept responsibility without either admitting or denying that you were drunk behind the wheel. Your plea still results in a conviction—and you are still subject to the same penalties that you would have faced had you pled guilty instead.

Why, then, would you ever plead “no contest” to a DUI?

The short answer is that you shouldn’t plead “no contest” in most cases. For the vast majority of defendants, the better approach will be to enter a “not guilty” plea and then either: (i) negotiate a plea bargain; or, (ii) fight their DUI in court. When you are facing a DUI charge in South Carolina, there is no downside to pleading “not guilty.” You are well within your rights to do so, and the judge cannot penalize you for exercising your legal rights. It allows you to fight, and you owe it to yourself to fight your DUI by all means available.

With that said, there is one potential benefit to entering a “no contest” plea in a South Carolina DUI case. If you plead “no contest,” your conviction cannot be used against you if you get sued. So, if you caused an accident while driving drunk, entering a “no contest” plea might make sense—though this still isn’t necessarily the case. As we mentioned already, pleading “no contest” still has serious consequences; and, as we discuss below, there are several ways to fight a DUI charge even if you were drunk behind the wheel.

Defending Against a DUI Charge When You Were Driving Drunk

Deciding to accept responsibility after a DUI arrest (whether through a plea bargain or a “no contest” plea) requires a clear and comprehensive understanding of the facts of your case. Even if you got caught driving after you had been drinking, you may still have several strong defenses available. For example:

Police Miscues Might Mean Prosecutors Don’t Have Enough Evidence to Prove Your Guilt Beyond a Reasonable Doubt

In South Carolina DUI cases, prosecutors have the burden of proving the defendant’s guilt beyond a reasonable doubt. This means they need clear evidence that you were drunk or impaired behind the wheel. If the police made mistakes during or after your arrest (i.e., if they failed to record your traffic stop or mishandled your breathalyzer results), prosecutors might not have the evidence they need to convict you.

The Prosecution’s Evidence Against You Might Be Unreliable

Several issues can render evidence in a DUI case unreliable. For example, let’s say you took the breathalyzer (which you are required to do under South Carolina’s “implied consent” law). Was the breathalyzer device properly calibrated? Was it in good working order? Did the arresting officer correctly explain how to provide a breath sample? Did your blood alcohol concentration (BAC) rise after you got pulled over? Is there an alternate explanation for your high BAC? All of these are issues that could call your BAC reading into question—and that could prevent prosecutors from meeting their burden of proof.

The Prosecution’s Evidence Against You Might Be Inadmissible

Prosecutors will also be unable to prove your guilt if their evidence is inadmissible in court. Evidence in a South Carolina DUI case can be rendered inadmissible for several reasons. For example, if the police pulled you over without reasonable suspicion or arrested you without probable cause, the prosecution’s evidence could be inadmissible under the Fourth Amendment. Or, if the arresting officer failed to read your Miranda rights, any statements you made after you were placed in custody could be inadmissible under the Fifth Amendment’s privilege against self-incrimination. There are other possibilities as well, and an experienced DUI defense lawyer will be able to examine all possible options for keeping the prosecution’s evidence out of court.

You Might Not Have Violated South Carolina’s DUI Law

Finally, even if you were drinking before you got behind the wheel, this doesn’t necessarily mean that you violated South Carolina’s DUI law. To secure a conviction, prosecutors must be able to prove that either: (i) your BAC was over the legal limit while you were driving; or, (ii) your ability to drive was impaired by your alcohol consumption. If your BAC was still below the legal limit while you were driving (when you drink, your BAC doesn’t spike right away) and you were fully capable of driving unsafely, then you weren’t driving under the influence—and you do not deserve to face any consequences as a result of your arrest.

Discuss Your Case with an Experienced Rock Hill, SC DUI Lawyer for Free

Are you thinking about pleading “no contest” to a DUI in South Carolina? If so, we strongly encourage you to contact us first. To discuss your case with an experienced Rock Hill, SC DUI lawyer in confidence, call us at 803-328-8822 or request a free consultation online today.

When you get convicted of driving under the influence (DUI) in South Carolina, you can face multiple penalties. For a standard first-time offense, these penalties include roughly $1,000 in fines and fees, a six-month driver’s license suspension, and 48 hours to 30 days of jail time or community service. Effective May 19, 2024, they will also include mandatory installation of an ignition interlock device (IID) in your vehicle.

But, these penalties are not the only consequences of a DUI conviction in South Carolina. Having a conviction on your record can impact your life (and your bank account) in other ways as well. For example, with a DUI on your record, you will be required to pay for SR-22 insurance. As we discuss below, SR-22 insurance is much more expensive than regular auto insurance; and, if you don’t pay, you won’t be able to drive even once your driver’s license suspension is over.

Important Information About SR-22 Insurance for Individuals Facing DUI (or DUAC) Charges in South Carolina

So, what do you need to know about SR-22 insurance if you have been arrested for drunk driving in South Carolina? Here are five important facts about SR-22 insurance from Rock Hill DUI defense lawyer Michael L. Brown, Jr.:

1. SR-22 Insurance is Required After a DUI or DUAC Conviction in South Carolina

As a general rule, SR-22 insurance is required after a DUI or DUAC conviction in South Carolina. DUAC is short for “driving with unlawful alcohol concentration,” and it is actually what most people think of when they think of a DUI. In South Carolina, you can get a DUI if you are driving under the influence of alcohol regardless of your blood alcohol concentration (BAC). But, if your BAC is over the legal limit (which is 0.08% for adults over 21), then you are more likely to be charged with DUAC.

In either case, if you get convicted, you will be required to obtain SR-22 insurance. To get your license back and maintain your vehicle registration, you will need to submit an SR-22 insurance certificate to the South Carolina Department of Motor Vehicles (SCDMV). If you don’t obtain SR-22 insurance and don’t provide the SCDMV with a certificate from your insurance company, you won’t be able to drive.

2. SR-22 Insurance is Typically Required for Three Years

The requirement to obtain SR-22 insurance typically applies for three years from the date of a DUI or DUAC conviction in South Carolina. This means that you must obtain SR-22 insurance to reinstate your driver’s license and register your vehicle at any point during these three years. It also means that you must maintain valid SR-22 insurance throughout these three years to avoid having your driving privileges or your vehicle registration suspended by the SCDMV.

3. SR-22 Insurance is Much More Expensive Than Regular Auto Insurance

Why is obtaining SR-22 insurance such a big deal? The short answer is that it is expensive—much more expensive than regular auto insurance. While individual SR-22 insurance rates vary, various sources indicate that most people can expect to pay about twice what they pay normally. With South Carolina’s average monthly premium of $266 (according to Insurify.com), this means that the average person will pay nearly $10,000 in additional insurance premiums over three years. If you are already paying more than the state’s average, your additional premiums could be far greater.

4. Not All Insurance Companies Offer SR-22 Insurance for DUIs and DUACs

It’s also important to note that not all insurance companies offer SR-22 insurance for DUIs and DUACs in South Carolina. If your auto insurance company doesn’t offer SR-22 insurance, you could lose your coverage after a DUI or DUAC conviction. In this case, you will need to shop around, and shopping around for SR-22 insurance is both more difficult and more expensive than shopping around for normal auto insurance coverage.

5. The Cost of SR-22 Insurance is Yet Another Reason to Fight Your South Carolina DUI or DUAC

For most people, the cost of buying SR-22 insurance for three years is the biggest out-of-pocket cost they incur after a DUI or DUAC conviction in South Carolina. As a result, the cost of SR-22 insurance is an important factor to consider when deciding how to approach your drunk driving case. Even if you can afford to pay double your normal monthly auto insurance premiums (which many people can’t), you shouldn’t take on these additional costs if it isn’t absolutely necessary to do so.

While every case is different, there are several potential defenses to DUI and DUAC charges in South Carolina. To determine how you can fight your DUI or DUAC charge, you will want to speak with an experienced defense lawyer as soon as possible. Depending on the facts of your case, your lawyer may be able to help you assert drunk driving defenses such as:

• The police violated your Fourth Amendment rights (i.e., the police stopped you without reasonable suspicion or arrested you without probable cause)
• The police violated your Fifth Amendment rights (i.e., the police interrogated you in custody without reading your Miranda rights)
• The police failed to record your traffic stop
• The arresting officer improperly administered the breathalyzer or field sobriety tests (FSTs)
• The breathalyzer device wasn’t properly calibrated or hadn’t been properly maintained
• There is an alternate explanation for your high BAC reading (i.e., you have a medical condition such as GERD)
• Your BAC rose between when the police stopped you and you took the breathalyzer
• You weren’t actually “driving under the influence” as defined by South Carolina law

Discuss Your Case with Rock Hill, SC DUI Lawyer Michael L. Brown, Jr. for Free

If you have questions about SR-22 insurance or any of the other costs associated with facing a DUI or DUAC charge in South Carolina, we invite you to get in touch. To discuss your case with Rock Hill, SC DUI lawyer Michael L. Brown, Jr. in confidence, call 803-328-8822 or request a free consultation online now.