Steve Sumner Law Firm

 

1. Is it illegal to drink and drive?

In South Carolina, it is not illegal to consume alcoholic beverages and then drive a vehicle. To be found guilty of DUI, a judge or jury must be unanimously convinced beyond every reasonable doubt that your ability to drive was both materially and appreciably impaired by excessive alcohol consumption.

2. If I register over .08 on the breathalyzer test, am I automatically guilty of DUI?

NO. The breathalyzer reading is simply a piece of evidence a judge or jury can consider during the trial of the case. Our office is familiar with issues related to the breathalyzer machine that may prohibit a reading from being received as evidence during a trial.

Under the South Carolina 2009 DUI Reform Act, penalties, potential incarceration or jail time, and fines have been enhanced based on the breath test results.

3. Is it my legal right to refuse to take the breathalyzer test?

Yes, however a refusal can result in a six month administrative suspension, but we can help restore your driving privileges. You must act in a speedy manner, however, as time constraints are in place.

4. Do I have a right to an attorney when I am stopped for DUI?

No. South Carolina law does not give you the right to an attorney on the roadside when you are initially stopped for DUI. However, you may invoke your rights at any time and remain silent until you consult with an attorney. Taking advantage of these rights in most cases is your best option.

Be advised that South Carolina has a mandatory video taping law and everything you say and do from the time you are pulled over until the process is complete is being recorded. It’s best to be cordial and answer basic biographical information or questions for the officer.

 

5. How can I get a license to drive (if it was seized or forfeited during your arrest)?

You must request an administrative hearing within thirty (30) days of your arrest and apply for a temporary license. Contact our office. We will walk you through the process.

6. How serious is a DUI charge? It was written on the same type of blue ticket that speeding charges are written.

Under the South Carolina 2009 DUI Reform Act, the consequences of a DUI in South Carolina are some of the strongest in the nation. Penalties and potential jail time have drastically increased. Repeat offenders can face mandatory jail time, as well as ignition interlock devices being placed on their vehicles.

7. What is the punishment for a DUI conviction?

For first offenders:

• Fines ranging from $400 - $1,000, plus court cost depending on breathalyzer reading (BAC);
• 48 hours to 90 days in jail;
• Immediate surrender of your driver’s license to the court;
• Mandatory completion of a state sponsored alcohol counseling course (if you wish to drive legally again);
• Filing proof of high risk insurance (SR22) with the state for three years (if you wish to drive legally again);
• Six months suspension of your license.

For a second offense:

• Five days to three years in jail;
• One year suspension of driver’s license;
• A fine of $2,100 to $6,500;
• Filing proof of high risk insurance (SR22) with the state for three years (if you wish to drive legally again);
• Vehicle immobilization required.
• Ignition interlock device

For a third offense:

• 60 days to five years prison term;
• Fines ranging from around $3,800 to $6,000 (no suspension to less than $2,100);
• License suspended for two years, unless preceding DUI was within a five year window which will result in a four year suspension;
• Motor vehicle forfeited;
• Vehicle immobilization required;
• Ignition interlock device
• Filing proof of high risk insurance (SR22) with the state for three years (if you wish to drive legally again);

A DUI conviction stays on your criminal record forever, and can be used against you for ten years for punishment enhancement if you are charged again.

8. Do I need a lawyer to represent me in a DUI charge?

This is a serious charge. Your freedom and financial situation could change dramatically if you are convicted of a DUI. I strongly recommend that you retain an attorney experienced in DUI defense. On many occasions, there are legal defenses to a DUI charge that only an experienced DUI defense attorney can spot on your behalf. The attorney who handled your divorce or house closing is most likely not your best option.

9. I was arrested/charged with DUAC. What's that?

Driving with an Unlawful Alcohol Concentration (DUAC) simply means that the officer perceived a moving violation and a breathalyzer result of .08 or higher was obtained. The penalties are the same as a DUI.

10. Why should I consult with or consider retaining you and your firm?

First, it would be our pleasure to meet with you. You have too much on the line to try and handle this matter yourself or leave it to someone who is not experienced in this field. I was a DUI Prosecutor for two years, which gave me the opportunity to prosecute hundreds of DUI related cases (DUI, felony DUI, and reckless homicide). Now as a defense attorney, my area of practice is criminal defense with the emphasis on DUI. Over the years, I have represented well over 1,000 clients accused of DUI. Additionally, I am one of only a handful of DUI defense attorneys in the Southeast with a full time investigator, who spent the majority of his law enforcement career detecting/arresting DUI defenders. He is trained at the highest level in all aspects of DUI/breathalyzer testing and field sobriety testing.