CHALLENGE A DRIVER’S LICENSE SUSPENSION
Facing DUI charges is serious, as operating a vehicle under the influence of alcohol and/or drugs is unlawful. Additionally, exceeding the legal alcohol concentration of 0.08 is a violation of the law. The consequences for DUI offenses extend beyond fines and confinement, including the suspension of the driver's license. A suspended license means individuals cannot lawfully drive, significantly impacting their ability to carry out daily tasks and obligations.
Understanding the gravity of DUI charges is crucial. Individuals need to be aware of what is at stake, not just in terms of criminal penalties but also the practical implications of license suspension. Knowing the potential consequences empowers individuals to take the necessary steps to seek a favorable outcome. This involves timely and strategic actions, including seeking legal counsel.
At Fedalei & Reid Law LLC, we recognize the challenges individuals in Greenville face when dealing with driver's license suspension due to DUI charges. Our dedicated legal team is committed to supporting our clients when they need it most. Our focus is on providing effective defense strategies to navigate the complexities of DUI cases.
If you face driver’s license consequences in Greenville, please contact us at (864) 668-1661 today.
IMMEDIATE DRIVER’S LICENSE IMPACTS DUE TO A DUI ARREST
An administrative driver's license suspension is an automatic measure triggered by a DUI arrest. This suspension occurs independently of any court proceedings and necessitates prompt attention to mitigate its effects.
The driver's license status is directly influenced by the individual's decision regarding chemical tests during a DUI arrest. Participation or refusal plays a pivotal role in shaping the subsequent consequences.
Refusing a chemical test can result in a minimum six-month driver’s license suspension. However, individuals can enroll in the Ignition Interlock Device program. The program allows individuals to drive under specific conditions and terminates the suspension ahead of its designated period.
Taking the chemical test but registering a high alcohol concentration (e.g., .15 or more) can lead to a one-month driver's license suspension. Enrolling in the Ignition Interlock Device program remains a viable solution for ending the suspension prematurely.
Our team in Greenville recognizes the consequences of a DUI arrest on your driver’s license. That is why we focus on developing effective strategies for our clients.
DRIVER’S LICENSE SUSPENSION BECAUSE OF A CONVICTION
Upon being convicted of DUI, individuals face a series of consequences, including the suspension of their driver's license. The duration of this suspension is influenced by specific circumstances surrounding the case.
Refusing a breath test and being convicted results in a six-month license suspension. The individual does not have the option of a provisional license. However, they may be able to enroll in the Ignition Interlock Device Program.
If an individual submits to a breath test and is convicted with a blood alcohol concentration (BAC) less than .15, they also face a six-month license suspension. In this scenario, the person is eligible for a provisional license. They could also enroll in the Ignition Interlock device program to end the remainder of their suspension.
LEGAL PROCESSES FOR PROTECTING DRIVING PRIVILEGES
If facing a driver’s license suspension due to a DUI arrest or conviction, individuals must go through separate legal processes to seek to safeguard their driving privileges.
CONTESTING AN ADMINISTRATIVE LICENSE SUSPENSION
The implied consent law (Section 56-5-2950) is associated with the administrative license suspension. According to this law, individuals arrested for DUI are considered to have agreed to submit to a breath, blood, or urine test. This test determines the presence of alcohol or drugs in their system and forms a basis for potential license suspension. If the driver refuses or fails the test, they may be subject to an administrative suspension.
Individuals facing an administrative license suspension have the option to contest it. This involves requesting a contested hearing within 30 days of receiving the notice of suspension.
The contested case hearing examines critical factors, including whether the driver:
- Was lawfully arrested,
- Was informed of their rights,
- Refused a test or took a test and failed,
- Was tested by a qualified person, and
- Was tested on a properly working machine.
FIGHTING A DUI CHARGE
For a driver’s license suspension associated with a conviction, the driver must challenge the charge in court to protect their driving privileges.
AN ATTORNEY CAN HELP SEEK TO MINIMIZE OR AVOID DRIVER’S LICENSE CONSEQUENCES
The importance of representation in the legal processes cannot be overstated. A skilled lawyer can guide individuals through the intricacies of contested hearings and court proceedings. They play a crucial role in presenting a robust defense, ensuring that the individual's rights are protected, and exploring avenues to maintain or reinstate driving privileges.
At Fedalei & Reid Law LLC, we understand the complexities of the legal processes involved in protecting driver's licenses. We provide comprehensive representation, guiding our clients through their hearings.
Schedule a free consultation by calling (864) 668-1661 today.
Chris Fedalei
Attorney, Founding Partner
Chris became a founder and partner at FR Law LLC in 2022, where he focuses on criminal law to help defend people in Greenville County and throughout upstate South Carolina. As a private attorney, Chris brings his experience as a public defender to bear to protect the individual rights and freedoms of his clients. He looks at how each case pertains to the larger criminal justice system without losing sight of the individual impact.
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