Orangeburg DUI Lawyer

Dedicated Orangeburg DUI Attorney

Getting arrested for driving under the influence is stressful and forces you to wonder about your future. A driving under the influence (DUI) conviction can impact your driver’s license, job, insurance rates, and criminal record. An Orangeburg DUI lawyer can help you if you’re wondering about the next steps you should take. These charges are serious and can affect your future.

Driving under the influence arrests in Orangeburg are often made on busy local roads such as John C. Calhoun Drive, Magnolia Street, and Broughton Street, where serious traffic accidents unexpectedly occur. Police officers may pull drivers over for suspected impaired driving, failing field sobriety tests, or suspicion of drug or alcohol use behind the wheel.

About the Law Office of Charles T. Brooks III

The Law Office of Charles T. Brooks III has been representing clients in Sumter, Orangeburg, Camden, Florence, Columbia, Charleston, Manning, and surrounding areas of South Carolina since 1996. Our practice includes DUI/driving while intoxicated (DWI) defense, criminal defense, personal injury, wrongful death, divorce, and child support.

We strive to keep our clients informed and reply to all phone calls and emails promptly. When you hire us to represent you, we work hard to provide competent and customized legal representation.

South Carolina DUI Laws

According to statistics from the National Highway Traffic Safety Administration (NHTSA), drunk drivers were involved in roughly 32% of all traffic collision fatalities in the United States. In 2022, there were 13,524 fatalities from drunk driving accidents. According to data from the South Carolina Department of Public Safety (SCDPS), 28,083 DUI-related collisions were reported in the state between 2018 and 2022.

South Carolina law defines driving under the influence as operating a vehicle while intoxicated by alcohol, drugs, or both. Someone is considered significantly impaired when their ability to think clearly is diminished compared to their normal state.

According to the law, a person can be charged with DUI if their blood alcohol concentration (BAC) is 0.08% or higher. However, a person can still be charged with DUI with a BAC below 0.08% if they are showing signs of impairment.

South Carolina has DUI implied consent laws. Simply driving on South Carolina roads means that you automatically consent to breath, blood, or urine testing if a police officer believes you are under the influence. You can lose your driver’s license for refusing to take a chemical test even if you are not convicted of DUI.

DUI Penalties

Although DUI cases are heard in South Carolina criminal courts, most DUI cases also involve an administrative license suspension with the South Carolina Department of Motor Vehicles. It is important to note that these are two separate proceedings with different deadlines. Penalties for DUI may include:

• Jail time
• License suspension
• Court costs and fines
• Educational programs
• Ignition interlock device

Penalties for DUI depend on factors like prior DUI convictions, blood alcohol content, whether someone was injured, or if there were minors in the vehicle during the arrest.

Common Causes of DUI Arrests

DUI arrests happen for a number of reasons. Most DUI investigations begin with a traffic stop. Police officers might stop a driver for speeding, crossing over lane markers, failing to stop at a traffic light or stop sign, or another suspected violation.

Officers often use field sobriety tests during a DUI investigation. Drivers may be asked to perform tasks that test balance and the ability to follow instructions. Drivers may also be asked to follow an object with their eyes.

These tests are meant to show impairment, but many things can impair someone’s ability to perform these tests. Medical conditions, lack of sleep, nervousness, road conditions, inclement weather, and injuries can also cause someone to fail field sobriety tests.

It’s worth noting that drug DUIs are similar to alcohol DUIs, but involve driving while impaired on drugs. Drugs can include prescription medication, over-the-counter medication, and illegal street drugs.

Hire an Orangeburg DUI Lawyer

DUI cases involve both criminal charges and your driver’s license. There are deadlines associated with license hearings and court dates. Failing to respond to either can cause other issues.

When you hire a DUI lawyer, your Orangeburg DUI attorney can review the traffic stop, breath/blood test administration, police reports, and any possible violations of your constitutional rights. DUI cases sometimes involve invalid traffic stops or arrests. If the officer did not have probable cause to pull you over, the charges may be dismissed.

FAQs About Orangeburg, SC DUI Laws

Can a DUI Be Dismissed in SC?

Yes. DUI charges can be dismissed in South Carolina depending on the circumstances of your case. A DUI can be dismissed for a variety of reasons, such as illegal traffic stop, lack of probable cause, inaccurate breath testing, and lack of evidence that you were impaired. Sometimes errors made by police officers or violations of your constitutional rights can hurt the state’s case against you and determine whether charges are filed or not.

Is a DUI in SC a Felony Now?

A first DUI offense in South Carolina is typically charged as a misdemeanor instead of a felony. In certain situations, a DUI may be charged as a felony, for example, if someone is injured or killed because of the DUI. If you have repeated DUI convictions, you could face felony charges. Felony DUI charges can result in increased prison time, higher fines, and longer license suspension periods.

How Long Do You Stay in Jail for Your Second DUI?

Depending on prior DUI history and the driver’s blood alcohol concentration, a second DUI conviction in South Carolina can involve mandatory jail time. Drivers could serve anywhere from several days in jail to multiple years for aggravated cases. Depending on factors like high blood alcohol content, accidents with injuries, or previous DUI convictions within a certain amount of time, judges may increase a driver’s penalty upon conviction.

Is Your License Suspended Immediately After a DUI in SC?

Driver’s licenses can be suspended almost immediately following DUI arrests in South Carolina. This happens if you refused chemical testing or registered a blood alcohol content of 0.15% or more. This is separate from the criminal DUI charge and is handled administratively. Typically, a driver only has a few days to request an administrative hearing.

Contact an Orangeburg DUI Attorney from the Law Office of Charles T. Brooks III

If you have been charged with a DUI, you still have rights under the law. The Law Office of Charles T. Brooks III can help you in the legal process. Contact us today for more information.