While driving under the influence (DUI) is a common charge, it is not always easy to resolve. Even a single conviction could result in steep fines, license restrictions, and jail time. Moreover, if you are arrested and convicted of DUI more than once, the penalties you may face become exponentially more severe.
When you face criminal charges related to drunk driving, contacting a seasoned defense attorney should be your number one priority. You can fight these charges with a comprehensive defense strategy, but pursuing your case without a Charleston DUI lawyer on your side will likely lead to an unsatisfactory outcome.
At Adams & Bischoff, we view a DUI case as a chain of decisions made by the officer and the State. A strong defense can come from testing each link: the reason for the stop, what happened during the roadside interaction, how any tests were given, and how results were recorded.
What Counts as DUI?
Under the South Carolina Code of Laws § 56-5-2930, it is illegal for drivers to operate any motor vehicle while “materially and appreciably impaired” by alcohol, prescription medications, or controlled substances. Anyone found behind the wheel with a blood alcohol concentration (BAC) equaling or exceeding 0.08 percent could be arrested for a “per se” DUI, meaning law enforcement authorities can assume the driver is impaired and prosecute them accordingly, with or without any additional evidence.
Law enforcement might also infer that a driver is impaired based on a BAC between 0.05 and 0.08 and other accompanying evidence, such as performance during a sobriety test. A knowledgeable DWI defense lawyer could explain the criteria for a DUI and offer crucial assistance in contesting the prosecution’s case against an alleged Charleston defendant.
What Happens During a DUI Stop?
Many DUI arrests begin with a traffic stop for a moving violation, a checkpoint, or a call from another driver. From there, an officer may look for signs they believe suggest impairment, such as an odor of alcohol, bloodshot eyes, slurred speech, or trouble following instructions. These observations are subjective, and they can be affected by stress, fatigue, medical issues, or ordinary nervousness. A DUI attorney in Charleston can compare what the officer reported to what the video and other evidence actually show.
Field Sobriety Tests and Chemical Testing
Officers often use roadside exercises to support an impairment claim. These exercises can be influenced by unrelated factors, such as:
- Lighting
- Uneven pavement
- Footwear
- Age
- Injuries
- Anxiety
They also depend on how the officer explained and scored them, including whether the directions were unclear or the scoring was inconsistent.
Chemical testing differs in that it involves a breath or blood result that the prosecution may rely on. Our Charleston DUI defense attorney’s review may include whether the testing device was used properly, whether the sample was handled correctly, and whether the reported number fits the timeline of drinking. For some people, a rising blood alcohol level can create a mismatch between the driving time and the testing time.
Increasing Penalties for Repeat Offenses
A first-time offender convicted of DUI may be subject to a fine of $400 plus additional surcharges and assessments, between 48 hours and 30 days in jail, and a six-month driver’s license suspension. After a second offense, penalties could include pre-surcharge fines of $2,100 to $5,100, imprisonment of 5 days to 1 year, and a 1-year license suspension.
Third convictions for DUI are punishable by pre-surcharge fines of $3,800 to $6,300, 60 days to three years of imprisonment, a minimum two-year license suspension up to a maximum of four years when the defendant’s third offense occurred within five years of their first, and vehicle confiscation if it is the defendant’s third offense within five years. Finally, fourth and subsequent DUI convictions are punishable by imprisonment of one to five years and permanent license revocation.
Importantly, anyone who causes a traffic accident resulting in severe injury or death may be charged with felony DUI and face substantially harsher sanctions upon conviction. Causing significant bodily injury through drunk driving could result in pre-surcharge fines of $5,100 to $10,100 and 30 days to 15 years in prison. On the other hand, a DUI resulting in death is punishable by $10,100 to $25,100 in pre-surcharge fines and between one and 25 years of imprisonment. Our dedicated DUI lawyers in Charleston could investigate an alleged offender’s DUI charge and fight for the minimum sentence available.
ADSAP and Moving Forward After a Conviction
The Alcohol and Drug Safety Action Program, or ADSAP, is a government-run substance abuse class designed to educate participants about substance abuse education via group and individual counseling sessions. The required number of sessions varies depending on an individual’s personal history, drinking habits, and other characteristics, all of which are determined and assessed by an ADSAP counselor or intake coordinator. If a participant completes all required sessions, they will be deemed to have fulfilled their requirements after a conviction for DUI or an implied consent violation.
Even when the focus is on defending the charge, it helps to understand the practical impact a DUI case can have. A suspension could affect your work, school, and family obligations. Repeat allegations can also raise the stakes quickly, making early strategy essential.
In addition, DUI charges can appear in court records and on background checks. A DUI case can also affect professional licensing, security screenings, and school programs that require driving. During your initial consultation, a Charleston attorney could discuss these concerns with you, so you understand which risks are immediate, which depend on how your case ends, and how to plan around them.
How Adams & Bischoff Builds DUI Defenses
Every Charleston case is different, but our DUI lawyers often look for the same pressure points:
- Whether a valid reason supported the stop
- Whether the officer’s observations are consistent and supported by video
- Whether roadside tests were explained and scored correctly
- Whether the chemical testing process was reliable from start to finish
- Whether witness accounts or timeline details create a reasonable doubt
We use such a review to identify defenses, file appropriate motions, and negotiate from a position based on facts, not assumptions.
Get in Touch with a DUI Attorney in Charleston Today
Police officers in South Carolina take DUI charges very seriously, and court officials tend to prosecute them harshly. When dealing with a case like this, representation from experienced defense counsel could mean the difference between a favorable result and one that permanently alters the course of your life.
A Charleston DUI lawyer could review your rights and defense options during a private consultation. Call today to schedule yours.
