DUI Defense
Our Approach to a DUI Case
Clients often ask how much work goes into a DUI case from start to finish. The short answer is a lot. The reason that building a solid DUI defense is so time intensive is very simple: we know what an enormous impact a conviction can have on everyday life, and we take defending your privilege to drive very seriously. Because important deadlines begin to loom the moment of release from police custody, we encourage anyone accused of driving under the influence to contact an experienced DUI lawyer immediately.
Under South Carolina law, if a person refuses to submit to a breathalyzer test following a DUI arrest, the officer is required to suspend that person’s license to drive on the spot. The officer must also immediately suspend the driver’s license of anyone who takes the test and registers a .15 or higher on the DataMaster machine. The length of the suspension varies based on the reason that the license was suspended.
A person who has his or her license revoked for either of these reasons only has thirty (30) days to request an administrative hearing.
At that hearing, a Hearing Officer specially appointed by the Department of Motor Vehicles will consider arguments from both the arresting officer and the defense lawyer and then determine whether the officer properly suspended the license or whether it should be reinstated.
This hearing is separate and apart from the underlying DUI charge, but it should be treated just as seriously. Losing this hearing has two negative consequences: the license suspension is upheld, and the person will have to enroll in and successfully complete an expensive Alcohol and Drug Safety Action Program even if ultimately found innocent of DUI. Our firm handles these "implied consent" hearings as part of our representation agreement at no additional charge.
Once we request a jury trial and receive all the evidence related to the DUI arrest, we review the State’s evidence to ensure nothing has been omitted. We then follow up with the State if we suspect something it possesses was not turned over. Once we have all the evidence related to the case, we carefully review it and begin to build the defense.
We meticulously research any legal issues that arise, carefully evaluate our client’s legal options, and, when appropriate, begin negotiations with the State. Then, we schedule an appointment with our client to carefully explain the State’s case, review all available options, give legal advice specifically tailored to the facts of the case, and update the client as to any plea offers made by the State. Only after all of our client’s questions are fully answered, we will make the decision to either accept a plea deal or proceed to trial.
Of course, the decision to plea or proceed to trial can always be revisited right up until the time the trial starts, but we never advise a client to plead guilty as charged to a DUI. Too much is at stake to simply plead guilty and forfeit the right to drive without putting up a defense.