A DUI charge often does not feel real at first. It might start with flashing lights in the rearview mirror and quickly turn into something much more serious. If you are in this position, speaking with a defense attorney can help you slow things down and understand what actually matters moving forward. The process is not always straightforward, and it is easy to feel like you are trying to keep up rather than make informed decisions.
At Adams & Bischoff, we approach these cases by taking a closer look at how everything unfolded. The details surrounding the stop, the testing, and the arrest itself are not always as clear-cut as they may seem at first. By working through those details early, it becomes easier to identify what may be important later on.
An experienced criminal defense attorney could examine the circumstances that led to your arrest, determine what defenses are relevant to your case, and pursue the best defense strategy possible. Contact us today to schedule your consultation with a Mount Pleasant DUI lawyer.
DUI and DUAC Charges in Mount Pleasant
South Carolina Code § 56-5-2930 establishes the criminal offense of driving under the influence. Individuals commit this offense when they operate motor vehicles while under the influence of alcohol or drugs that materially and appreciably impairs their ability to drive.
In certain circumstances, individuals may face criminal charges for driving with an unlawful alcohol concentration (DUAC). This offense, also referred to as a “per se” DUI, occurs under S.C. Code § 56-5-2933 when individuals drive with a blood alcohol contentration (BAC) of 0.08 percent or more. Since DUAC charges rely on the BAC level of the driver alone, there is no required proof of impairment for a DUAC conviction.
While the two charges sometimes overlap, individuals cannot face both DUI and DUAC charges arising out of the same incident or arrest. However, since a DUAC charge is often more straightforward for prosecutors to pursue based on measurable BAC test results, individuals may face DUAC charges more readily than DUI charges. Regardless, both charges are serious, and defendants should strongly consider enlisting the help of a Mount Pleasant DUAC attorney rather than attempt to defend the case on their own.
Defending DUI and DUAC
In practice, these cases often come down to how the evidence was gathered and interpreted. A traffic stop can seem routine, but there are specific standards officers must follow. From the initial reason for the stop to the administration of a field sobriety test, each step is significant. When something is overlooked or mishandled, it can affect how reliable that evidence is later on.
A Mount Pleasant DUI defense attorney can take the time to walk you through those steps carefully. That can include reviewing video footage, checking whether testing procedures were followed correctly, or questioning how certain conclusions were reached. Sometimes it is not one major issue that changes a case, but a series of smaller details that begin to shift the arguments.
Potential Penalties for DUAC Convictions
DUI and DUAC convictions carry the potential for the same penalties under South Carolina law. Some of these potential penalties may include:
- Incarceration and fines
- Completion of community service hours
- Loss of license
- Completion of an Alcohol and Drug Safety Action Program (ADSAP)
For a first offense, individuals can face a fine of up to $400 or incarceration for a period ranging from a minimum of 48 hours to 30 days. If the defendant has a BAC at the time of their arrests that exceeds 0.10 percent, they may be subject to increased minimum periods of imprisonment and higher fines.
Generally, as BAC levels and the number of prior convictions increases, so do the minimum incarceration periods and fines. Someone facing a second or third DUI offense should expect significantly harsher penalties. If someone is convicted of a drug DUI or an underage DUI, the penalties and convictions may be different. A skilled DUI attorney in Mount Pleasant could help someone lower the penalties if they are convicted.
The South Carolina Alcohol and Drug Safety Action Program (ADSAP)
One requirement that often becomes part of the process is ADSAP. ADSAP is a government-run substance abuse class that is designed to educate you on substance abuse via group and individual counseling sessions. The required number of sessions varies depending on your charges, drinking habits, and other characteristics that are determined by an ADSAP counselor or intake coordinator.
Once you complete the required sessions, you will have fulfilled your requirements after a DUI conviction or implied consent violation.
As your Mount Pleasant attorney can further explain, there may also be administrative consequences separate from your DUI criminal case. For example, driver’s license suspensions can take effect quickly, sometimes before the case itself is resolved. Addressing those issues early may help limit how much your day-to-day routine is disrupted while the case is ongoing.
What Factors Can Affect a DUI Case?
Our team of Mount Pleasant lawyers knows that no two DUI cases are exactly the same. Several factors can influence how a case develops, including:
- How field sobriety tests were conducted
- The accuracy and handling of BAC testing
- Statements made during or after the arrest
Sometimes these circumstances can clearly point the case in one direction. Other times, they leave room for interpretation. Looking at how each piece fits together is often an important part of building a defense.
Contact a Mount Pleasant DUI Attorney for Help Now
The penalties that individuals face for even a first-time DUI or DUAC can be extremely harsh, including incarceration, community service hours, loss of driving privileges, mandatory enrollment in an Alcohol and Drug Safety Action Program, and more.
If you are facing drinking and driving charges, getting the advice of a Mount Pleasant DUI lawyer may be highly advisable. Contact an attorney today for effective legal representation. Speaking with a lawyer can help you better understand where you stand and what options may be available. At Adams & Bischoff, we focus on working through the details of each case and identifying what matters most. If you are dealing with DUI charges, reach out to our team to start that conversation and plan your next steps.
