Greenville DWI Lawyers
- Creech, Thomas:
Criminal Defense. An innocent citizen is falsely accused. A person is arrested based on the word of a single witness. The police fail to conduct a thorough and competent investigation. When a person is charged with a crime, that personŐs life is usually forever changed and even destroyed. Always remember, in America, every citizen charged with a crime is innocent unless and until proven guilty beyond a reasonable doubt.
- Armstrong Law Office:
* Traffic Violations / DUI
* Workers' Compensation
* Criminal Law
* Personal Injury
* Estate Administration
* Basic Estate Planning
* Divorce
* Child Custody & Support
* SSDI / SSI
- Culbertson Law Firm:
* Drunk Driving defense, DUI's
* Traffic violations and reckless driving
* Criminal defense
* Felony and Misdemeanor charges
* Death Penalty
- McCoy, John:
If you are charged with a crime, it is important to have a lawyer who can advise you of your rights, and make sure you protect them.
- Kappel, Matthew:
If an accused has been arrested or is awaiting a trial on criminal charges he may wish to hire a defense attorney. There are numerous defense attorneys that an accused may have to chose from. There are various places to find a defense attorney.
- Jason Elliot:
A criminal charge has the potential to cause serious problem in your life, socially and professionally.Ę If you are being accused of a crime, it is imperative that you seek superior legal representation.
- Tom Quinn:
If you have been charged with drunk driving, it is important that you act fast. These cases are time-sensitive. You have 30 days to request a hearing to prevent loss of license. If you do not, your license will be taken away.
- Mitchell, Yokel & Roach:
Being arrested for or accused of a crime can be an intimidating experience. Your first call should be to an experienced, aggressive criminal defense attorney who can help to ensure that your legal rights are protected and that you are aware of any and all options available to you.
- Steve Sumner:
Since you have logged onto this web site, it is likely that either yourself of someone close to you has been charged with DUI in upstate South Carolina.
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. ItŐs 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 driverŐs 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 driverŐs 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.
- Michael W. Barcroft:
Drunk Driving (DUI/ DWI) and driving under the influence of narcotics. It is important to know that it is not unlawful to have a drink, and then drive. What is unlawful is to drive while you are "appreciably and materially impaired." We aim to make the state prove that beyond a shadow of a doubt.
- Joseph Lyles:
Criminal charges are the accusations made by the government against someone for violations of criminal laws. These alleged criminal acts can include mundane matters such as driving offenses, bad checks, failure to return rental property or more notorious ones such as robbery, battery or murder. While the driving offenses dont often result in arrests, the others do. So called white collar crimes include such wrongful acts as antitrust violations, fraud, and violations of securities laws. Many crimes can be handled at the regulatory level or in the civil-side of our legal system if the government prefers. That is often the approach to cases in which there is no evidence of criminal intent.
To ease the backlog of cases in our criminal courts, many jurisdictions have developed pretrial diversion programs that are designed to substitute education and rehabilitation for punishment for first time offenders in cases of primarily non-violent crimes.
Every criminal case begins with a charging document a ticket, a summons, an indictment or a criminal information. For more serious offenses, typically called felonies, a neutral judicial officer (often a Magistrate) must examine the charges and rule that there is sufficient evidence for the prosecution to go forward.
Most of the rights and procedural safeguards of people accused of crimes are granted in the state and federal constitutions. Some of the rights include:
- Right to counsel
- Right to remain silent
- Right to a jury trial
- Right to confront the accuser
- Right to a speedy trial
- Right to a public trial
- Right to reasonable bail
- The presumption of innocence
- Freedom from double jeopardy
- Freedom from ipso facto punishment
- Freedom from cruel and unusual punishment
If you are approached by a law enforcement officer who wishes to question you about a possible crime, you should exercise your right to remain silent and your right to legal counsel. If you are the victim of a crime, you should report it to the authorities as soon as possible to avoid destroying any evidence.
Just as in the civil law, most cases in the criminal side of the legal system are resolved without a trial some are dismissed and others are settled with plea agreements. Most defendants who enter a plea agreement do so because they wish to avoid a stiffer penalty, which is likely if they are convicted at trial.
- John McCoy: • DUI / DWI - If you are facing drunk driving or drug charges, you need an experienced criminal defense lawyer making sure your constitutional rights are protected.
- Richard Warder: A "compact" can be an agreement among states regarding a matter of mutual interest. As the automobile became more ubiquitous, states began signing compacts to share information regarding drivers and traffic violations. The Driver License Compact (DLC) and Nonresident Violator Compact (NRVC) constitute such agreements and have facilitated the sharing of driver information to advance highway safety and related goals.
- Barrett & MacKenzie: you are innocent until proven guilty
- Paul Aaron: A DUI arrest is actually two individual cases in the form of one driving under the influence charge. The first is the criminal case, and the second and less familiar, is the Department of Motor Vehicle Administrative Per Se suspension/revocation. The criminal charges are governed by criminal law while the Department of Motor Vehicles administration per se suspension/revocation are governed by administrative and civil law.
- Randall Chambers: State laws prohibiting drinking and driving have become increasingly complex. In South Carolina, the legal limit for blood or breath alcohol while operating a vehicle is .10. A first offender faces jail, suspension of driver's license and monetary penalties in excess of $5000.00.
- Foster & Foster: Pursuant to Section 56-5-2951 of the South Carolina Code of Laws, 1976, as amended, if you are over the age of 21, you are subject to an immediate suspension of your driver's license (in-state or out-of-state) if your datamaster or BAC is .15 or above. Your are also subject to an immediate suspension of your driver's license if you refuse to give a datemaster test or BAC test. If you have your license seized immediately after your test, you have certain rights that you must protect in order to be able to drive pending the outcome of the criminal charge. You must exercise these rights within a certain period of time or risk losing them. Finally, if you are out-of-state, your suspension is immediately reported to your home state. Therefore, it is of paramount importance that you speak with an experienced attorney to protect your legal rights.
- Eppes & Pumblee: Getting into trouble is not something we look for, but unfortunately it happens.
- Michael Barcroft: In today's society, a vehicle is a necessity. Our goal is to protect your right to own and operate a vehicle. The first line of defense is to challenge the reason that you were stopped. There are bad stops! There are many things that you need to do before appearing in front of a judge.
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