Being arrested for a DUI is a frightening and overwhelming experience. That said, driving under the influence is hazardous, meaning the state prosecutes the arrests harshly. However, an arrest does not mean the motorist is guilty of the offense.
It is common for people to think that taking on a first-offense DUI without the help of an attorney is the best way to proceed. However, an experienced Greenwood DUI lawyer could help you navigate the complex criminal court and administrative processes. Additionally, a skilled defense attorney could review the case specifics and help determine the best defense strategy to reach a positive outcome.
Implied Consent to Alcohol or Drug Testing
Operating a vehicle in South Carolina means giving implied consent to submit to testing for drugs and alcohol. Under the South Carolina Code of Laws Annotated § 56-5-2950, anyone stopped by law enforcement on suspicion of DUI must submit to chemical testing by breath, blood, or urine. Refusing to submit to testing during a DUI traffic stop means facing severe and immediate consequences, including:
- Six-month driver’s license suspension for a first-time offense
- Mandatory enrollment in drug and alcohol classes (ADSAP)
DUI laws allow the state to use a “refusal to submit to testing” as evidence that the motorist was driving under the influence. A skilled attorney in Greenwood could answer questions on the applicable criminal statutes regarding DUI offenses.
Zero Tolerance Policy for Underage Motorists
Motorists under the legal drinking age will face harsh penalties for a BAC of 0.02 percent or more. The driver will face additional penalties for an underage DUI.
Anyone the court finds guilty of drinking and driving will face automatic license suspension in Greenwood. Other penalties vary significantly and will depend on the facts and circumstances of the case. However, a hardworking lawyer could review the arrest case and details and answer specific questions about penalties and potential defense strategies.
Potential Defense Strategies After a DUI Arrest
It is a common misconception among many that there is no way to defend against a conviction for driving under the influence. However, that is untrue, and there are always options. Every DUI arrest is different and has its own set of unique circumstances. However, some of the potential defense strategies include the following:
- Inaccurate drug and alcohol testing
- Illegal traffic stop
- Invalid field sobriety testing
- Violation of civil rights
- Blood alcohol concentration increases after the stop
An arrest for DUI does not mean there will be a conviction, and pleading guilty is usually not the best option due to an extensive number of consequences on a person’s ability to drive lawfully. For an individual with a DUI conviction, penalties increase and are much harsher should they get another one in the future.
Therefore, it is always best to prepare a defense. A skilled Greenwood DUI attorney could complete a thorough investigation and evidence review to help build a solid defense strategy.
Schedule a Consultation with a Skilled DUI Attorney in Greenwood
If you face DUI charges, it is always best to speak with an experienced legal professional to decide on a plan for your defense. There are always options after a DUI arrest. Whether there were technical errors or a violation of rights, a thorough investigation will help determine the best chance for a positive outcome.
Schedule a meeting with a Greenwood DUI lawyer if you need help after an arrest. The longer you have to prepare, the better chance you have of building a winning defense, so call soon to begin working on your case.