Greenville, SC DUI Defense Lawyers

If a law enforcement officer in Greenville, SC, arrested and charged you with driving under the influence (DUI), you may not know where to turn.

You may think having an attorney is too expensive and you should either accept your charge or negotiate a plea on your own, especially if it’s a first-time offense. What you may not know, however, is that attorneys’ fees are often much less than what you may assume and a fraction of the long-term financial toll of a DUI.

While the cost may be a significant factor for some, there are many benefits of hiring an experienced attorney to help you through a DUI.

Our Greenville, SC DUI defense lawyers at Fedalei & Reid Law, LLC understand the DUI laws in South Carolina, the deadlines you must meet, and what to expect during court procedures.

Instead of struggling to understand the legal process, you can count on an experienced criminal defense attorney to guide you through the process, explain what to expect along the way, and the potential outcomes of your case.

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Why Work With Fedalei & Reid Law, LLC, to Handle Your Greenville, SC DUI Defense

One benefit of hiring a Greenville DUI lawyer from Fedalei & Reid Law, LLC is that you can rely on a legal advocate, someone with years of experience with DUI cases, to speak on your behalf.

After police arrest you, many DUI offenders want to tell their stories and explain to prosecutors and others why they’re innocent. The problem is that speaking on your own can inadvertently hurt your case rather than help it. 

Say as little as possible about your case to anyone before having legal representation.

Other reasons to work with Fedalei & Reid Law, LLC for DUI defense in Greenville, South Carolina, include:

• Experience: Our attorneys have significant experience in criminal law, specifically handling DUI cases in South Carolina. We are very familiar with the relevant laws and court procedures. Experience is crucial for mounting an effective DUI defense.
• Local Knowledge: Having a law office in Greenville, SC, we understand the nuances of DUI law in the area and have worked with many of the local courts, judges, and prosecutors before on similar cases. This local familiarity can be beneficial in helping you resolve your case as expeditiously as possible. 
• Personalized Attention: We provide a personalized approach and individualized attention to each client and case rather than taking a one-size-fits-all approach. We will customize our strategies to your case, helping to ensure you get the favorable outcomes you seek based on your specific needs and goals.
• Strong Reputation: Our firm has achieved a positive track record and reputation for getting good outcomes in these DUI cases. We have received dozens of top client reviews along with national recognition as among the leading DUI attorneys in our region.
• Free Consultation: Our Greenville DUI defense firm offers free initial consultations to discuss your case. This allows you to get a sense of the attorney's knowledge and approach before deciding to hire them.

An experienced DUI lawyer at our firm will meet with you to review all of the details of your case and then start building the best defense strategy given the information provided to ensure you get a favorable outcome.

At Fedalei & Reid Law, LLC, we have helped many DUI offenders beat their criminal charges and we can help you, too. For your no-cost initial consultation, contact our Greenville DUI criminal defense law firm today at (864) 668-1661 or click the link at the bottom of the page.

Understanding DUI Charges in South Carolina

In South Carolina, driving under the influence (DUI) is a serious criminal offense. Here's an overview of the key aspects of DUI charges in the state:

Definition

In South Carolina, a person can face DUI charges if they drive a vehicle while under the influence of alcohol, drugs, or a combination of both, to the extent that their faculties are materially and appreciably impaired.

Implied Consent

By driving on SC roads, drivers implicitly consent to chemical tests (breath, blood, or urine) if arrested for DUI. Refusing a test can lead to a 6-month license suspension.

Blood Alcohol Concentration (BAC) Limits

• 21 years or older = 0.08% or higher. If you have a blood alcohol concentration (BAC) of 0.08% or more, it’s presumed that you were driving under the influence of alcohol or drugs. If you have a blood alcohol level that is at least 0.05% but less than 0.08%, the prosecution can consider your blood alcohol content together with other evidence, such as a failed field sobriety test.
• Under 21 years = 0.02% or higher. South Carolina DUI law prohibits anyone under 21 from driving a motor vehicle with a blood alcohol concentration greater than 0.02%. According to South Carolina’s zero tolerance law, a driver under 21 who drives with a blood alcohol content above 0.02% is subject to automatic license suspension for three months or six months if there’s a previous DUI conviction or driver’s license suspension in the last five years.

If an underage driver refuses to consent to BAC testing, the state will suspend their driver’s license for six months, or one year if they incurred a previous drunk driving conviction or license suspension in the past five years.

• Commercial drivers may face DUI charges if their BAC is 0.04% or higher. A DUI conviction can lead to the suspension of a commercial driver’s license (CDL), and you may not obtain a CDL or gain employment as a commercial driver.

What Are the Criminal Penalties for DUI in Greenville, SC?

In South Carolina, it’s unlawful to drive a motor vehicle while intoxicated to the extent that it materially and appreciably impairs your ability to operate the vehicle safely. South Carolina DUI convictions can result in the following additional penalties:

First-Time DUI Offense

In South Carolina, a first-time DUI is a misdemeanor offense, which is punishable by:

• $400 fine, up to 30 days in jail, and six-month license revocation for DUI offense with a BAC under 0.10%, 
• $500 fine, up to 30 days in jail, and six-month driver’s license revocation for those with a BAC ranging between 0.10 and 0.16%, 
• $1,000 fine, up to 90 days in jail, and six-month license revocation for those with a BAC above 0.16%

Second-Time DUI Offense

This is a misdemeanor offense that is punishable by:

• $5,100 fine, up to one year in jail, and one-year license revocation for repeat DUI offenders with a BAC under 0.10%, 
• $5,500 fine, up to two years in jail, and one-year license revocation for defendants with a BAC of 0.10-0.16%, 
• $6,500 fine, up to three years in jail, and one-year driver’s license revocation for defendants with a BAC above 0.16%

Third DUI Offense

This is a misdemeanor offense, punishable by:

• 6,300 fine, up to three years in jail, and two- or four-year license revocation for those with a BAC under 0.10%, 
• $7,500 fine, up to four years in jail, and two- or four-year driver’s license revocation for those with a BAC ranging between 0.10-0.16%, 
• $10,000 fine, up to five years in jail, and two- or four-year license revocation period for those with a BAC above 0.16%.

Fourth Or Subsequent DUI Offense

This is a felony offense, punishable by lifetime license revocation and up to 5 years in jail for defendants with a BAC under 0.10%. Those with a BAC between 0.10 and 0.16% may receive a permanent license revocation and up to 6 years in jail. BACs above 0.16% can result in a lifetime license revocation and up to 7 years in jail.

Ignition Interlock Device

Along with the above criminal penalties, the court may require you to install a breath alcohol ignition interlock device on your vehicle. The duration can vary and ranges from six months for a first-time offense to a lifetime requirement for four or more subsequent offenses.

Felony DUI Charges in SC

In South Carolina, a felony DUI is a more serious offense than a standard DUI charge. A DUI is elevated to a felony when the incident results in either "great bodily injury" or death to another person.

Felony DUI causing great bodily injury

• Definition: The injury must create a substantial risk of death, cause serious disfigurement, or lead to long-term loss or impairment of a body part or organ.
• Penalties: Mandatory fine of $5,100 to $10,100 and imprisonment from 30 days to 15 years.

Felony DUI causing death

• Definition: The DUI incident directly results in the death of another person.
• Penalties: Mandatory fine of $10,100 to $25,100 and imprisonment from 1 year to 25 years.

In both cases, the driver's license is suspended for the term of imprisonment plus 5 years. An ignition interlock device must be installed on the driver's vehicle for 3 years after license reinstatement.

Any DUI charges in South Carolina carry severe consequences and require a thorough legal defense. If convicted, the offense remains on your criminal record permanently and cannot be expunged under current SC law.

You must seek the assistance of an experienced DUI defense attorney in Greenville if you face any type of drunk driving charges.

What Are Other Consequences of a DUI Conviction in SC?

A DUI conviction in South Carolina can lead to a wide range of consequences beyond the legal penalties.

These consequences can have a significant impact on various aspects of a person's life:

• Criminal Record: As mentioned, a DUI conviction remains on an individual's criminal record indefinitely, as it cannot be expunged under current SC law. This can hinder background checks for employment, housing, and professional licenses.
• Employment: Many employers conduct background checks, and a DUI conviction may disqualify a person from certain jobs, especially those involving driving or operating heavy machinery. It can also lead to termination from current employment.
• Professional Licenses: Some professions, such as healthcare, law, and education, may suspend or revoke licenses due to a DUI conviction.
• Higher Insurance Rates: A DUI conviction often results in a significant increase in auto insurance premiums for several years.
• Travel Restrictions: Some countries, such as Canada, may deny entry to individuals with a DUI conviction.
• Social Stigma: A DUI conviction can carry a social stigma that may strain personal and professional relationships.
• Civil Lawsuits: If you cause a DUI accident that results in injury, death, or property damage to others, you could face civil lawsuits seeking monetary damages.
• Scholarships and Financial Aid: College students convicted of a DUI may lose scholarships or become ineligible for certain types of financial aid.
• Firearm Rights: A felony DUI conviction may result in the loss of the right to possess firearms under federal law.

The long-term consequences of a DUI conviction can be far-reaching and severe. You need to understand the potential impact on your life and seek appropriate legal counsel when facing DUI charges in Greenville, SC.

How Can an Attorney Help with My DUI Charges in Greenville, SC?

An experienced DUI attorney from Fedalei & Reid Law, LLC can provide crucial assistance to you when facing DUI charges in Greenville, South Carolina.

Here are some key ways an our attorneys can help:

• We can protect your rights throughout the legal process, including during arrest, questioning, and trial. Your attorney may argue that the officer did not have sufficient probable cause to make the initial traffic stop or arrest you for DUI.
• We will thoroughly investigate the circumstances surrounding your arrest, including examining police reports, witness statements, and any available video footage. This can help identify potential weaknesses in the prosecution's case.
• Our lawyers can challenge the admissibility of evidence, such as the results of field sobriety tests or blood alcohol content (BAC) tests, if authorities didn’t follow proper procedures or there are reasons to question the accuracy of the results. Field sobriety tests are often subjective and can be influenced by various factors, such as medical conditions, weather, or road conditions. Additionally, your attorney may argue that your blood alcohol content was below the legal limit while you were driving but rose above the limit by the time the test was administered.
• In some cases, our attorneys may be able to negotiate a plea bargain with the prosecutor, potentially reducing the charges or penalties you face.
• We will explain your legal options and help you make informed decisions about how to proceed with your case, such as whether to plead guilty or fight the charges in court. Our attorneys will guide you through the legal process, explaining each step and helping you make decisions that are in your best interest.
• If your case goes to trial, your attorney from our firm will represent you in court, presenting evidence and arguments on your behalf and cross-examining witnesses.
• Even if a conviction cannot be avoided, our attorneys can work to mitigate the consequences, such as seeking alternative sentencing options or arguing for reduced penalties.

Throughout the process, your attorney will advocate for the best possible outcome in your case, working to minimize the impact of the charges on your life.

Can I Refuse a Breathalyzer Test in SC?

Yes. In South Carolina, you can refuse a Breathalyzer test, but doing so comes with serious consequences due to the state's implied consent law. If you refuse to take a Breathalyzer test, the state will automatically suspend your driver's license for at least six months, regardless of whether you are ultimately convicted of DUI. This suspension is separate from any penalties you may face if convicted of DUI.

If your case goes to trial, the prosecution can use your refusal to take the Breathalyzer as evidence against you, arguing that you refused because you knew you were intoxicated.

You may request an administrative hearing to challenge the suspension of your license within 30 days of your arrest. However, the scope of this hearing is limited to determining whether you refused the test and whether the officer had probable cause to arrest you for DUI.

Contact an Experienced DUI Defense Lawyer in Greenville, SC Today

When selecting a DUI attorney in Greenville, SC, it's essential to choose someone with extensive experience handling DUI cases, a thorough understanding of South Carolina's DUI laws, and a track record of success in defending clients facing these charges.

The attorneys at Fedalei & Reid Law, LLC offer all of this and more. We’re fully committed to helping you obtain the best results possible, and you can rely on us to fight for you throughout the process.Contact us today at (864) 668-1661 for your free, initial consultation and discover the difference we can make in your Greenville DUI case.