If you’ve been arrested for driving under the influence (DUI) in South Carolina’s Lowcountry, you need to be very careful to protect yourself. Not only can a DUI conviction lead to thousands of dollars in fines, surcharges, and increased auto insurance premiums, but you could also face community service, jail time, and other penalties as well.
How can you protect yourself if you are facing a DUI? When you are awaiting trial on a drunk driving charge, there are both steps you need to take and mistakes you need to avoid. Here are some key examples:
Steps to Take to Protect Yourself
Step #1: Make Sure You Know Your Court Date
When you received your DUI citation, you should have also received a court date for your DUI case. You need to make sure you know your court date, and you should start making plans now to be there on time. While your court date might ultimately change (i.e. if you properly request a jury trial), you do not want to take any chances—as missing a court date can have consequences regardless of whether you were driving under the influence.
Step #2: Request an Administrative Hearing
When you received your DUI citation, there is also a good chance that your driving privileges were suspended immediately. If you lost your driver’s license after your DUI arrest, the only way to get your license back (without serving the full suspension) is to request an administrative hearing.
This is a separate proceeding from your DUI trial. An administrative hearing takes place at the Office of Motor Vehicle Hearings, and the rules, procedures, and burdens of proof are all different from those in your criminal case. To make sure you leverage every possible opportunity to restore your driving privileges, you should work with a lawyer to prepare for your administrative hearing (in addition to your DUI trial).
Step #3: Take Detailed Notes About Your DUI Arrest
As soon as possible, you should take detailed notes about your DUI arrest. You should write down everything you can remember, starting from the point that you saw blue lights in your rearview mirror. Were you speeding, weaving, or driving unsafely? Why did the police officer say he or she pulled you over? Did the officer explain South Carolina’s implied consent law? What did you say to the officer during your arrest? Any details you can remember will be helpful for determining what defenses you have available.
Step #4: Learn About the Defenses You May Be Able to Assert
Speaking of defenses, there are several potential defenses to a DUI charge in South Carolina. You should learn about these defenses and start thinking about which ones might apply in your case. Ultimately, you will need to work with a DUI defense lawyer to determine how best to approach your case. But, by learning about your defense options before your initial consultation, you can make sure you are ready to get to work on your defense strategy as soon as possible.
Step #5: Talk to a DUI Defense Lawyer
With all that you have at stake, you owe it to yourself to take your DUI case seriously. If you don’t, you will face the consequences for years to come. Taking your case seriously starts with hiring an experienced DUI defense lawyer to represent you. While there are no guarantees, hiring a lawyer is likely to be your least expensive option—as working with an experienced lawyer will give you the best chance of avoiding unnecessary consequences. This is true regardless of whether you were driving under the influence at the time of your arrest.
Mistakes You Need to Avoid
Mistake #1: Getting Arrested Again
While you await your DUI trial, you need to be very careful to avoid getting arrested again. Do not drive if your license has been suspended; and, regardless of whether you are allowed to drive, do not drink and then get behind the wheel. Not only can facing additional charges make it more difficult to mitigate the consequences of your original DUI arrest, but repeat DUI offenders face significantly enhanced penalties.
Mistake #2: Making Assumptions About Your DUI Case
As you move forward, you should also be careful to avoid making any assumptions about your DUI case. You should not assume that everything will be fine. You need to fight your DUI charge (and fight your administrative driver’s license suspension, if necessary)—if you don’t, you will face consequences.
At the same time, however, you should not assume that you will be found guilty. In South Carolina, there are ways to fight a DUI charge even if you were driving under the influence. Rather than making assumptions, you need to make informed decisions, and this starts with putting an experienced defense lawyer on your side.
Mistake #3: Failing to Take Discovery
As your DUI case moves toward trial, you will have the opportunity to request all of the evidence that prosecutors intend to use against you. This is known as taking discovery. Taking discovery is a critical step toward building an effective defense strategy.
Mistake #4: Overlooking the Risks You Are Facing
We touched on some of South Carolina’s DUI penalties above; but, when facing a DUI charge, it is important to ensure that you are aware of all of the consequences that are on the table. A DUI conviction can truly be life-changing, and it is up to you to make sure the long-term consequences of your arrest are no greater than necessary.
Mistake #5: Overlooking Options for Avoiding a DUI Conviction
Finally, while fighting your DUI charge in court is one option for avoiding a DUI conviction, you may have other options as well. Depending on the circumstances of your case, these could include negotiating a plea deal or entering into a diversion program. An experienced DUI defense lawyer can help you consider these options as well—and can help make sure you choose the best option based on the specific circumstances at hand.
Schedule an Appointment with a DUI Defense Lawyer Today
With offices in Goose Creek and Mt. Pleasant, we handle DUI cases throughout the Lowcountry. If you need to speak with an experienced DUI defense lawyer, call 843-572-1711 or contact us online to schedule an appointment today.