Columbia DUI Lawyer

Columbia DUI Attorney

An enjoyable night of socializing can turn into a stressful ordeal when the blue and red lights of a police car hit your rearview mirror. Regardless of how you were driving, South Carolina’s DUI laws only care about your blood alcohol content at the time you were pulled over. If you were recently charged with a DUI, you need the legal services of a Columbia DUI lawyer. They can explore effective legal strategies to resolve your defense case on favorable terms.

Reliable Criminal Defense When It Matters Most

To provide reliable criminal defense services, experience matters. The founding criminal defense attorney at the Law Office of Charles T. Brooks III brings decades of experience to the benefit of his clients. Whether your case requires an established defense strategy or a more novel approach, our lead attorney can resolve your case in a way that allows you to avoid the most serious penalties under the law.

If the prosecution does not have sufficient evidence to prove your guilt beyond a reasonable doubt, our attorney can push to have the charges dropped or reduced to a lesser charge. In some cases, a favorable plea bargain can put the entire ordeal behind you. Along the way, our legal team can be there to listen to your concerns, provide reliable advice, and protect your rights.

What to Do If You’ve Been Arrested for a DUI in Columbia

Following an arrest, remain cooperative with the arresting officer, but do not answer questions about whether you had been drinking or not. Police officers can use those statements against you, which can greatly complicate your defense later.

You have the right to remain silent. Do not discuss the case with anyone until you secure legal representation. Your attorney can speak to law enforcement and court officials on your behalf. This prevents you from accidentally self-incriminating yourself. Follow the advice of your attorney, and do not make public posts about the case.

You can request copies of your arrest report. Your attorney can explain your options for driving with a restricted license if you are eligible for that option. Follow the advice of your attorney and all restrictions placed on you by the court. Complying with the court’s orders and attending hearings can show that you are cooperative and deserving of leniency.

Will My License Be Suspended?

South Carolina imposes driver’s license suspensions for violations such as DUI, accumulating excessive points, driving without insurance, and failure to pay child support. The length of each suspension depends on the offense and one’s prior driving history.

For a first-time DUI or driving with an unlawful alcohol concentration (DUAC), drivers may qualify for a six-month provisional license if they meet eligibility requirements. A route-restricted license allows limited driving for work, school, and court-ordered programs, but most drivers can only receive one in their lifetime.

A Temporary Alcohol License (TAL) is available for those requesting an administrative hearing for certain alcohol-related suspensions. The Ignition Interlock Device (IID) program may also be required for reinstatement.

Restoring driving privileges often requires paying reinstatement fees, completing an alcohol and drug safety action program (ADSAP), and fulfilling other court-ordered conditions. Drivers facing suspension should review their eligibility for restricted licenses and other legal options to minimize penalties.

Defense Strategies for Fighting a DUI

The job of a criminal defense attorney is to chip away at the prosecution’s case. The state carries the high burden of proving guilt beyond a reasonable doubt, so any successful effort to question the evidence used against you can strengthen your case and increase the chances of a favorable outcome.

One criminal defense strategy could be to explore whether your rights were violated during the initial stop and arrest. If the arresting officer did not have probable cause to pull you over, that could be a violation of your rights. Your lawyer can also examine whether the arresting officer violated their department’s own policies and procedures during your detainment.

Your defense attorney in Columbia could also review how you were tested for intoxication. Breathalyzer equipment must be tested and calibrated on a regular basis, and the results of that test must be logged and recorded. If the breathalyzer was not properly calibrated, your attorney can argue that the results of the breathalyzer are unreliable.

If a field sobriety test is conducted, those results can be unreliable. There may be legitimate reasons why you appeared to be intoxicated at the time you were arrested. If you were on any medications, that could call into question the assumptions made by the arresting officer.

Possible Outcomes for Your Case in Columbia

There are multiple potential outcomes to any DUI case in Columbia. If the prosecution has sufficient evidence to move forward with your case, you could face a conviction that leads to fines and other punishments, including the potential for jail time. First-time offenders are often given the option of probation instead of jail time, but there are no guarantees of that outcome.

If your attorney can negotiate a favorable plea bargain agreement and you accept, that could resolve your case on favorable grounds. A plea bargain requires you to accept a guilty plea in return for some level of leniency by the courts. A strong defense could lead prosecutors to reduce or drop charges. If your case goes to trial, a jury or judge decides whether you are guilty or not guilty of committing a crime.

Why Legal Representation Matters

Having strong legal counsel throughout your DUI case can afford you the strongest chance of resolving your case on favorable terms. An attorney actively fights for the rights and interests of their client. They can scrutinize the evidence used against their client and advocate for a resolution to the case that favors their client’s interests.

If the prosecution does not have a strong case against you, your lawyer can leverage that fact to secure dropped or reduced charges. An attorney is an advocate who knows how to work with the courts and prosecution. By doing so, they can resolve a criminal case on terms that avoid harsh penalties for their clients.

FAQs About Columbia, SC DUI Laws

Should I Discuss My Case With Anyone?

You should only discuss your case with your criminal defense attorney. Anything you say to your attorney is protected under attorney-client privilege. If you discuss your case with anyone other than your attorney, that information could be used against you later. For example, anyone you speak with, aside from your attorney, could be called to testify at your trial.

How Much Does a DUI Attorney Cost in South Carolina?

The cost of a DUI attorney in South Carolina depends on factors such as the attorney’s experience, the complexity of the case, and whether it goes to trial. Some attorneys charge flat fees, while others bill hourly. Additional costs may include court fees, witnesses, and administrative expenses. Consulting an attorney can provide a better estimate based on your situation.

Can a DUI Be Reduced in South Carolina?

In some cases, a DUI charge in South Carolina may be reduced to a lesser offense, such as reckless driving. This depends on factors like evidence strength, prior offenses, and negotiations with prosecutors. A defense attorney can assess your case and explore legal options to seek a reduction or dismissal, depending on the circumstances.

Do I Need a Lawyer for a DUI in South Carolina?

While you are not required to have a lawyer for a DUI charge in South Carolina, securing legal representation is highly recommended. DUI convictions carry severe penalties, including fines, license suspension, and possible jail time. An attorney can challenge evidence, negotiate plea deals, and defend your rights in court, thereby improving the chances of a favorable outcome.

What Are the Penalties for a DUI Conviction in South Carolina?

DUI penalties in South Carolina depend on factors like blood alcohol content (BAC) and prior offenses. Consequences may include fines, license suspension, mandatory alcohol education, and jail time. Higher BAC levels and repeat offenses result in harsher penalties. A DUI conviction can also lead to increased insurance rates and long-term consequences for employment and driving privileges.

How Long Does a DUI Stay on Your Record in South Carolina?

A DUI conviction in South Carolina remains on your criminal record permanently and cannot be expunged. It stays on your driving record for ten years, impacting insurance rates and background checks. Repeat offenses carry stricter penalties. A skilled attorney can get your charges reduced or minimize the long-term effects of a DUI on your record.

Schedule Your Columbia DUI Consultation Today

A DUI conviction could lead to serious personal and work-related setbacks. Don’t risk your future. By securing legal representation, you can fight the charges you are facing and increase your odds of a favorable outcome to your case. The Law Office of Charles T. Brooks III can review your case and develop a winning strategy that systematically attacks the prosecution’s case.

For decades, we have served the residents of Columbia and helped them secure favorable outcomes in their criminal cases. We can do the same for you. Start the process today by contacting our office to schedule your criminal charge consultation today.