DUI Lawyer in Charleston, SC

Fighting DUI Charges Throughout Charleston County 

Even if you have failed a breathalyzer test or feel you should plead guilty to a DUI charge, don’t act before consulting a professional Charleston drunk driving lawyer. Being arrested for a DUI is terrifying, but don’t allow yourself to become a victim. You may be pressured by the police, but don’t give in without reaching out to the qualified Charleston DUI lawyers at Seibert Law.

Seibert Law has extensive experience defending countless satisfied clients as their Charleston drunk driving attorney. We hold the qualifications, experience, and knowledge to provide you with the practical, aggressive DUI defense you need. While police investigations are thorough, it’s up to the prosecution to prove your guilt. Our staff has the resources to provide a robust DUI defense. Engage the DUI attorneys who use their resources to investigate your case correctly. We are committed to building a robust case to protect your rights and freedoms, backed by a track record of successful cases and years of experience. Our deep familiarity with Charleston's legal environment allows us to anticipate challenges and counteract them intelligently, enhancing your chances of a favorable outcome.

Are you facing a DUI charge in South Carolina? Call Seibert Law Firm today at (843) 428-6360 or contact us online to schedule a meeting with our Charleston DUI attorney! 

South Carolina DUI Laws

South Carolina has strict laws regarding driving under the influence (DUI). In the state, it is illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Additionally, those under 21 are subject to a zero-tolerance policy, meaning they cannot have any alcohol in their system while driving. South Carolina also has an implied consent law, which means that by operating a vehicle, you have given implied consent to submit to a chemical test if a law enforcement officer suspects you of driving under the influence. Understanding South Carolina DUI laws and your rights can help you make informed decisions if you are ever stopped by law enforcement on suspicion of DUI. Furthermore, penalties can be escalated if aggravating factors such as high BAC levels or refusal to comply with testing are present, highlighting the importance of informed legal counsel.

Understanding the DUI Legal Process

Navigating the legal system can be daunting, especially when facing DUI charges. At Seibert Law Firm, we believe that knowledge is power. Our experienced team is dedicated to guiding you through every step of the DUI legal process, ensuring you understand your rights and options.

Here’s what you can expect when you work with us:

1. Initial Consultation: We offer a free evaluation to discuss your case, assess the circumstances, and outline your legal options.
2. Investigation: Our team will thoroughly investigate the details of your arrest, including reviewing police reports and gathering evidence to build a strong defense. We ensure no stone is left unturned, calling upon specialists when necessary to analyze forensic evidence.
3. Negotiation: We will negotiate with prosecutors on your behalf to seek reduced charges or alternative sentencing options, aiming for the best possible outcome. Our negotiation tactics are tailored to utilize any weaknesses in the prosecution’s case, which can be pivotal in achieving favorable plea deals.
4. Trial Representation: If your case goes to trial, our skilled attorneys will vigorously represent you, presenting a compelling defense to protect your rights.

Understanding the DUI legal process can help alleviate some of the anxiety associated with it. Let our knowledgeable attorneys provide the clarity and support you need to move forward confidently. Contact us today to schedule your consultation!

What Are the Penalties for a DUI in South Carolina? 

The justice system acts fast, and you have a minimal window of opportunity to protect yourself from a DUI conviction. A DUI conviction carries heavy consequences, which can include, but are not limited to:

• Steep fees
• Your driver’s license
• Your time, in the form of community service as a part of your DUI sentence
• Your freedom-imprisonment is a reality in many cases
• Your future career opportunities may be closed to you as a result

Don’t face your DUI alone. Get the professional DUI defense you need to protect yourself or your loved one. Early intervention by an experienced legal team like ours can help mitigate these penalties. Our proactive approach involves engaging with prosecutors early to explore options for diversion programs or sentence reductions, potentially lessening the overall impact on your future.

Is a DUI a Felony in South Carolina?

In South Carolina, a DUI is typically considered a misdemeanor; however, it can be upgraded to a felony, depending on the severity of the infraction. Factors that may result in a DUI being classified as a felony include:

• Having an excessively high blood alcohol concentration level.
• Causing injury or death while driving under the influence.
• Having prior convictions for DUI.

For more information about the legal implications of DUI in South Carolina, contacting a DUI lawyer in Charleston who understands the state's laws is essential. Our attorneys focus on examining specific factors that may elevate charges and work to provide evidence and arguments that can successfully challenge the severity of charges, aiming to reduce them to less severe offenses where possible.

Is it Worth Getting a Lawyer for a DUI?

Yes, it is worth getting a lawyer if you are charged with a DUI (Driving Under the Influence) offense. A DUI charge can have serious legal and financial consequences, and a lawyer concentrating on DUI defense can provide valuable assistance and guidance throughout the legal process. Here are reasons why it is advisable to hire a lawyer for a DUI case:

• Legal expertise: DUI laws can be complex and vary from jurisdiction to jurisdiction. A lawyer concentrating on DUI defense will have in-depth knowledge of the laws, procedures, and potential defenses applicable to your case. They can analyze your arrest's circumstances and identify potential weaknesses in the prosecution's case.
• Protection of rights: A lawyer will protect your constitutional rights throughout the legal process. They can guide you in responding to law enforcement, help you understand your rights during traffic stops, and ensure that any evidence obtained against you was lawfully obtained.
• Case evaluation and strategy: A DUI lawyer can thoroughly review the evidence against you, including police reports, breathalyzer or blood test results, and other relevant documentation. Based on this evaluation, they can develop a strong defense strategy tailored to the specifics of your case. They may challenge the testing methods' accuracy, question the traffic stop's legality, or identify procedural errors that could weaken the prosecution's case.
• Negotiation and plea bargaining: In some cases, a lawyer may be able to negotiate with the prosecution to have the charges reduced or dismissed. They can advocate on your behalf, present mitigating factors, and negotiate for a more favorable outcome, such as a lesser charge, reduced penalties, or alternative sentencing options.
• Court representation: Having a lawyer by your side is essential if your case goes to trial. They will represent your interests, cross-examine witnesses, challenge the prosecution's evidence, and present a strong defense on your behalf.
• Minimizing consequences: A DUI conviction can lead to severe consequences, including license suspension, fines, probation, mandatory alcohol education programs, increased insurance rates, and even jail time. A lawyer can work to minimize the potential consequences you may face and explore alternatives, such as diversion programs or treatment options, which can help you maintain your normal lifestyle while fulfilling any legal obligations.

While it is ultimately your decision whether to hire a lawyer, having legal representation can significantly improve your chances of obtaining a favorable outcome in a DUI case. It is essential to consult with a qualified Charleston DUI defense attorney to discuss the specifics of your situation and determine the best course of action!  

What Are the Long-Term Consequences of a DUI Conviction?

A DUI conviction is a serious legal matter with repercussions beyond the initial arrest and court proceedings. While the immediate consequences, such as fines, license suspension, and potential jail time, are well-known, it's essential to recognize that the impact of a DUI conviction can be felt for years to come.

1. Permanent Criminal Record: A permanent criminal record is one of the most significant long-term consequences of a DUI conviction. This record can affect your ability to secure employment, housing, and loans. Many employers conduct background checks on potential employees, and a DUI conviction can make it challenging to land specific jobs, especially those that require a clean criminal history.
2. Increased Insurance Costs: Following a DUI conviction, your auto insurance premiums will skyrocket. Insurance companies consider DUI offenders to be high-risk drivers, and as a result, you may face significantly higher insurance premiums for several years. These increased costs can significantly affect your finances over the long term.
3. Limited Mobility: A DUI conviction often suspends or revokes your driver's license. This loss of driving privileges can make everyday tasks like commuting to work, grocery shopping, or taking your children to school incredibly challenging. Over time, the inconvenience and dependence on others for transportation can become a substantial burden. Our team can advise on possible temporary licenses or modifications to ensure you maintain some level of mobility.
4. Professional Consequences: A DUI conviction can lead to severe professional consequences for individuals in certain professions. Suppose you hold a job that requires a professional license, such as a doctor, lawyer, nurse, or teacher. In that case, a DUI conviction may result in disciplinary actions or even the revocation of your license, effectively ending your career.
5. Impact on Personal Relationships: The stigma associated with a DUI conviction can strain personal relationships with family and friends. The embarrassment and disappointment loved ones feel can lead to strained or severed ties, and rebuilding trust can be lengthy and challenging.
6. Financial Costs Accumulate: A DUI conviction can result in financial costs beyond fines and legal fees. This may include court-ordered alcohol education programs, ignition interlock device installation and maintenance, and potential restitution payments if your actions caused property damage or injury to others.

Local DUI Court Procedures in Charleston

In Charleston, DUI charges are processed through the local court system, where procedural nuances may significantly impact your case. Depending on the severity of your offense, hearings can be held in either municipal court or the regional Magistrate's Court. It is crucial to work with a local legal team like Seibert Law Firm that understands the specific processes, key personnel, and strategic approaches effective in each court setting.

At Seibert Law Firm, we prepare our clients thoroughly for what to expect at each stage, from arraignment to potential trial. Our lawyers hold pre-trial meetings to brief clients on possible outcomes based on local precedents, which allows for a tailored legal strategy. We are committed to defending your case and ensuring you remain informed and involved. Engaging with local legal professionals increases your chances of navigating Charleston's court system more effectively.

Your Rights & DUI Arrests in Charleston

When facing a DUI arrest in Charleston, it is vital to know your rights to ensure they are protected throughout the legal process. You have the right to remain silent, and anything you say can be used against you in court. It is advisable to exercise this right until you consult with a lawyer. If pulled over, you can refuse specific sobriety tests; however, refusal may lead to immediate license suspension under South Carolina’s implied consent law.

Furthermore, Seibert Law Firm is dedicated to defending your rights from the moment of arrest. We meticulously review police conduct and evidence collection methods to identify potential breaches of protocol that can be used to strengthen your defense. Our commitment to client rights includes offering transparent counsel and providing you with all the necessary information to make educated decisions about your defense strategy. With our team, you are not just represented by any drunk driving lawyer in Charleston but by dedicated advocates committed to your case.

Contact Our DUI Lawyer in Charleston, SC Today 

You deserve to have your rights protected and defended by Charleston DUI lawyers with a reputation for excellence. Our staff works around the clock to protect our clients and takes proactive steps to ensure the best possible results. Customer service is our goal, and we understand how frightening and nerve-wracking an experience with the justice system can be. We strive to ensure you can rest easy and provide the kind of service you can rely on. 

Contact Seibert Law today to consult a Charleston drunk driving attorney about your current situation. A simple phone call to a Charleston DUI lawyer can get you the consultation you need to answer your concerns. We sincerely look forward to serving you. Our office is conveniently located in the heart of Charleston, enabling us to serve clients effectively throughout the metro area. This local presence ensures quick accessibility and acute awareness of Charleston-specific legal trends and nuances. 

Are you worried about what a DUI arrest could mean for your future? Speak with a skilled DUI lawyer in Charleston, SC, today to understand your rights and options!

Frequently Asked Questions

What Should I Do Immediately After a DUI Arrest in Charleston?

Staying calm and complying with law enforcement's instructions during a DUI stop or arrest is crucial. Avoid making admissions or statements, as these can be used against you. Request an attorney and refrain from answering questions until legal representation is present. After release, document all details you remember from the incident, such as time, location, and officer statements. Contact a Charleston DUI attorney quickly to start building a defense strategy based on the specifics of your case.

How Can Seibert Law Firm Help Reduce My DUI Charge?

Our attorneys review each case's details, searching for procedural errors, rights violations, or weaknesses in the evidence. Our experience with Charleston's legal landscape allows us to negotiate effectively with prosecutors to reduce charges or explore alternative sentencing options such as diversion programs or community service. By understanding your case's technical and personal aspects, we tailor our defense approach to achieve the most favorable outcome possible.

What Are the Risks of Handling My DUI Case Without an Attorney?

Defending a DUI case without legal representation can lead to unintended, severe consequences due to the complexity of DUI laws and procedures. You may inadvertently waive critical defenses or accept a plea deal that doesn't adequately represent your interests. Negotiating with prosecutors or analyzing the evidence's validity is challenging without professional assistance. Hiring a qualified DUI attorney helps protect your rights and increases the likelihood of a more favorable resolution, reducing the long-term impact on your life.

Are police required to video record DUI stops in South Carolina?

Yes, South Carolina law requires that persons suspected of violating DUI statutes must have their conduct at both the incident site and breath test site videotaped. The video recording at the incident site must not begin later than the activation of the officer's blue lights, include any field sobriety tests administered, and include the arrest or probable cause determination.

When must video recording begin during a DUI stop?

Video recording must begin no later than when the officer activates their blue lights. The recording must continue through the completion of any field sobriety tests and conclude after the arrest is made or a probable cause determination is reached. In certain circumstances such as roadblocks, traffic accident investigations, or citizens' arrests where blue lights haven't been activated, video recording must begin as soon as it becomes practicable.

What if the police fail to video record my DUI stop?

The failure to produce required video recording is not automatically grounds for dismissal of DUI charges. However, the arresting officer must submit a sworn affidavit explaining the failure, such as certifying that the video equipment was inoperable, stating what efforts were made to maintain the equipment, or certifying that emergency medical treatment or exigent circumstances made recording impossible. You have the right to offer evidence relating to the officer's failure to produce the required video recording.

When should I be read my Miranda rights during a DUI stop?

Miranda rights must be included in the video recording. The video recording must show the person being advised of Miranda rights as part of the required documentation.

What must be included in the video recording of field sobriety tests?

The video recording must include any field sobriety tests that are administered. The recording must capture the person's conduct at the incident site and continue through the arrest process. These recordings are admissible in criminal, administrative, or civil proceedings by any party to the action.

What is implied consent in South Carolina?

Any person who operates a motor vehicle in South Carolina is considered to have given consent to chemical tests of their breath, blood, or urine if arrested for operating a motor vehicle under the influence of alcohol. This means that by driving in South Carolina, you have already consented to chemical testing if lawfully arrested for DUI.

Can I refuse a breathalyzer test, and can my refusal be used against me?

While you can refuse a breathalyzer test, your refusal can be used as evidence against you in court. A defendant's constitutional rights are not violated by the admission of testimony regarding their failure to submit to a chemical test designed to measure blood alcohol content. Additionally, refusing to submit to testing will result in license suspension.

What must the state prove before breathalyzer results are admitted in court?

Before admitting breathalyzer test results, the state must establish a foundation by proving that the machine was in proper working order at the time of the test, that correct chemicals were used, that the accused was not allowed to put anything in their mouth for twenty minutes prior to the test, and that the test was administered by a qualified person in the proper manner.

Can my license be suspended after a DUI arrest?

Yes, the Department of Motor Vehicles will suspend your driver's license if you refuse to submit to chemical testing or if you have an alcohol concentration of fifteen one-hundredths of one percent or more. The arresting officer will issue a notice of suspension that becomes effective on the date of the alleged violation.

Can I request a hearing to challenge my license suspension?

Yes, you can request a contested case hearing through the Office of Motor Vehicle Hearings. The scope of the hearing is limited to specific issues including whether you were lawfully arrested or detained, whether you were properly informed of your rights, and whether you refused to submit to testing.

What must the Department of Motor Vehicles prove at a license suspension hearing?

To prove that a driver was lawfully arrested or detained for driving under the influence, the Department of Motor Vehicles must present admissible evidence of probable cause. The hearing will examine whether proper procedures were followed during the arrest and testing process.

What evidence can be used against me in a DUI case?

Evidence in DUI cases can include video recordings of your conduct at the incident site and breath testing site, results of field sobriety tests, breathalyzer or other bodily fluid test results, evidence of the amount of alcohol consumed, and evidence of your driving. The prosecution may also introduce evidence of your refusal to submit to chemical testing.

What rights do I have if charged with DUI?

If charged with DUI, you are entitled to a jury trial and have the right to challenge various factors including whether you were lawfully arrested or detained, the period of time between arrest and testing, whether you were properly informed of your rights, and any evidence that may corroborate or question the validity of test results.

Can I challenge the validity of breathalyzer results?

Yes, you have the right to challenge breathalyzer results. You can present evidence questioning the validity of breath or bodily fluid test results, and nothing prohibits the introduction of evidence at contested case hearings on the issue of the accuracy of breath test results. The statutory presumption of intoxication based on breathalyzer readings is rebuttable.

Can other evidence be introduced if video recording requirements aren't met?

Yes, the failure to comply with video recording requirements does not prohibit the introduction of other relevant evidence in DUI trials. The court may consider the totality of circumstances regarding any failure to produce required video recordings, but other evidence may still be admissible.