Kingstree DUI Lawyer

Kingstree DUI Attorney

If you or a loved one is facing DUI charges in South Carolina, you are likely feeling overwhelmed and intimidated. The future now seems uncertain, and you don’t know where to turn. Not only can a successful DUI conviction see you facing fines and jail time, but it can also have long-lasting impacts on your personal life. Whether you were pulled over on West Main Street or West Academy Street, you need to hire a Kingstree DUI lawyer who can fight to defend your rights and future.

Hire the Law Office of Charles T. Brooks III for DUI Cases

Since 1996, the Law Office of Charles T. Brooks III has helped countless clients through the difficulty of a DUI charge and arrest. Our team provides each of our clients with the detailed attention and service necessary for successful case outcomes. Our firm can serve residents across the area, and our criminal defense attorney is familiar with the Kingstree Municipal Court, where your case will likely be held.

Types of DUI-Related Offenses in Kingstree

Of the millions of arrests made every year, nearly 11% are related to some kind of DUI offense. South Carolina DUI laws establish several types of DUI-related offenses, and it is important to understand each one. At the Law Office of Charles T. Brooks III, we can explain the exact type of DUI charge you’re facing, including:

Misdemeanor DUI

In Kingstree, it is illegal for any individual to operate a motorized vehicle with a blood alcohol content, or BAC, level of 0.08% or higher. To be charged with a misdemeanor DUI, the state must prove that:

• You were driving the vehicle at the time of the alleged offense.
• You were intoxicated by drugs, alcohol, or a combination of both.
• You were intoxicated to the point where your ability to drive was impaired.

Most first-time cases, where no deaths, injuries, or property damage occurred, will be charged as misdemeanors.

DUAC

This charge, also known as “driving with an unlawful alcohol concentration,” does not require the state to prove that your ability to drive was impaired. Rather, the prosecution only needs to establish that you were operating your vehicle with a blood alcohol content level of 0.08% or higher. However, you could prove that you were not intoxicated or that the test was administered incorrectly.

Felony DUI

Facing charges for a felony DUI is a serious matter in South Carolina. For a successful conviction, the state needs to prove that:

• You were under the influence of drugs, alcohol, or a combination of both.
• You have acted illegally or neglected a duty imposed by the law while driving.
• Your act or negligence had led to the death or injury of another.

Zero-Tolerance DUI

If you are under the legal drinking age of 21 in South Carolina, you are under a zero-tolerance policy. Therefore, if your BAC is 0.02% or greater, your driving privileges will be automatically suspended. You could also face consequences to your future educational opportunities.

Open Container

South Carolina laws ban open containers of alcohol if you are driving a vehicle, even if you are not consuming it. You can also be charged if the alcohol is only being consumed by passengers. The only way you can have an open container of alcohol in your vehicle is if it is in the luggage compartment or trunk.

Child Endangerment

You could be charged with child endangerment, in addition to a DUI, if there were children in your vehicle under the age of 16 while you were committing a misdemeanor DUI, a DUAC, or a felony DUI. Out of the 1,755 children who were killed in drunk driving accidents over the last decade, 64% of them were in the vehicle being operated by the drunk driver.

If you have been charged with any of these DUI-related crimes, it is crucial that you reach out to the Law Office of Charles T. Brooks III and schedule a consultation.

FAQs About Kingstree, SC DUI Laws

How Long Does a DUI Case Take?

How long it might take a DUI case to process through the legal system will vary. Several factors are often involved that can impact a case’s overall timeframe. These factors include the complexity of your case, the quality of the evidence, and the availability of the courts. Your Kingstree DUI attorney can provide a better estimate of your case’s timeframe after a thorough case review.

Can I Refuse a Breathalyzer Test in South Carolina?

South Carolina operates under an implied consent law, so if you choose to drive a vehicle in the state, you are consenting to any chemical testing a police officer might have probable cause to administer. If you refuse to take these tests, you could face an automatic fine, and your license could be suspended for several months.

How Can I Defend Against a DUI Charge?

Several defense strategies could be used in your case, depending on the circumstances involved. At the Law Office of Charles T. Brooks III, we can review your case and determine which defense strategy works correctly in your case. These could include challenging the accuracy of a BAC test, demonstrating that your constitutional rights were violated, or challenging the legality of the traffic stop.

Will I Be Required to Install an Ignition Interlock Device in South Carolina?

In certain cases, yes, you may be required to install an Ignition Interlock Device, or IID, in your vehicle after being convicted of a DUI in South Carolina. This requirement and its duration will depend on the details of your conviction. These devices are usually installed to deter you from repeating your offense, and they have actually been proven to reduce repeat DUIs by 70%.

Hire a DUI Lawyer Today

If you have been arrested and charged with a DUI in Kingstree, it is vital that you hire a DUI lawyer as soon as possible. At the Law Office of Charles T. Brooks III, we understand that this is a difficult time for you and your loved ones. Our team can do whatever is necessary to protect your rights. You do not need to face this trying time alone. Our firm can support you. Contact our offices today to learn more about our services and schedule a consultation.