FIRST, AN ARREST FOR DRUNK DRIVING IS NOT A CONVICTION, but you need to take action to protect your rights. By seeking legal help quickly, you will provide your DUI Defense Attorney with several important advantages. He will have time to obtain important evidence about your case from the State; thoroughly research and prepare your defense; negotiate on your behalf with the State, locate and interview witnesses if necessary, and fully consult with you about the strengths and possible weaknesses of your case.

SECOND, you should realize what you may face if convicted of driving while under the influence. The negative consequences of drunk driving have recently increased, largely in response to public outcry and the influence of groups like Mothers Against Drunk Driving (MADD). If convicted of a DUI, you may be forced to:

• Lose your driving privileges,
• Face large fines,
• Undergo mandatory substance abuse treatment,
• Endure jail or prison time,
• Receive a criminal record,
• Participate in restrictive probationary license programs, and
• Carry expensive SR-22 insurance for 3 years.

Under South Carolina if a law enforcement officer arrests you because he thinks you have been drinking and driving, he can either charge you with “Driving with an Unlawful Alcohol Concentration” or “Operating a Motor Vehicle while Under the Influence of Alcohol or Drugs.”

If you are charged with “Operating a Motor Vehicle while Under the Influence of Alcohol or Drugs,” to convict you the State will have to prove beyond a reasonable doubt that you were driving your vehicle while under the influence of alcohol and that your ability to safely drive your vehicle was, in the words of the law, “materially and appreciably impaired.”

Or, the State may charge you with “Driving with an Unlawful Alcohol Concentration” if a “breath test” conducted by the arresting officer within two hours of the time you were arrested reveals a blood alcohol concentration of .08 or higher, and the officer had a reasonable suspicion to conduct the traffic stop that led to your arrest.

Under either charge you are entitled to a jury trial at which time your DUI Defense Attorney will challenge the circumstances surrounding your arrest and the results of the “breath test.”

THIRD, in addition to facing DUI charges, if you took the “breath test” and blew a .15 or higher or if you simply refused to take the test, you have only 30 Days to petition the Department of Motor Vehicles for a special license hearing conducted by an Administrative Judge. This administrative hearing is known as an Implied Consent Hearing. If you failed to “blow” or registered too high a number and lose this hearing, you will forfeit your driving privileges for several months.

If you or a loved one has been arrested for drunk driving, you need an experienced DUI Defense Attorney who is willing to fight to protect your rights. Contact DUI Defense Attorney Johnny Gardner today at (843) 248-7135 to set up a confidential and free initial consultation. He will review your unique situation to see if he can keep you out of jail, protect you from losing your license, and help you avoid harsh fines and expensive SR-22 insurance.