Justifiable fears about how a driving under the influence (DUI) conviction could affect you both personally and professionally could be causing you high levels of stress and anxiety after a charge is made against you. If you have concerns and questions about your criminal charges, enlisting a Summerville DUI lawyer could relieve your stress knowing your case is in good hands.
A skilled criminal attorney could negotiate a resolution to your charges that avoids a conviction, especially if it was a first-time offense. In other cases, legal counsel could help you reach a more favorable outcome in your case. Regardless of the circumstances, getting professional advice in a DUI situation is likely to be a wise move.
Summerville DUI and DUAC Charges
State law provides for two varieties of DUI charges, one based on blood alcohol concentration (BAC) test results and another based on the impairment of drivers. These separate charges can result in the similar penalties, but a different type of proof is necessary to support each charge. Hiring a nearby legal advisor can help ensure that sufficient evidence supports the specific charges individuals are facing.
What is the Legal Definition of DUI?
S.C. Code § 56-5-2930 establishes the criminal offense of driving under the influence. Individuals commit this offense if they operate a motor vehicle while under the influence of a substance that materially impairs their driving abilities. The intoxicating substance can be alcohol, drugs, or a combination of both.
What is DUAC?
The other driving while impaired crime, which many people refer to as DUI per se or DUAC, is driving with an unlawful BAC, as defined in S.C. Code § 56-5-2933. This offense only requires proof of a BAC test result of .08 percent or more, regardless of any observable impaired driving. Depending on the situation, obtaining evidence of DUAC charges may be easier for law enforcement officials than DUI charges, due to the objective nature of the proof.
Factors Impacting Penalties in DUI and DUAC Cases
Various factors impact the outcome of driving-impairment charges. A primary consideration is the number of DUI or DUAC convictions that a motorist has had in the past ten years. The consequences of a DUI conviction are harsher for drivers who have had similar convictions within the prior ten years, no matter the jurisdiction in which they occurred.
Other factors can significantly increase both the charges and the penalties for DUI, DUAC, and related offenses. For instance, if someone leaves the scene of an accident, harm others, or kill someone while committing a DUI, they likely will face enhanced charges and penalties under state law. In this situation, they should strongly consider the merits of contacting a DUI legal representative in Summerville for assistance.
License Suspension after a Driving Impairment Charge
Individuals may be somewhat familiar with the aftermath of a DUI conviction, in terms of receiving a criminal record, jail sentence, and fines. However, many people may not realize that individuals arrested for DUI face simultaneous administrative proceedings concerning the suspension of their driver’s licenses. Drivers must act within 30 days to avoid an automatic suspension of their driving privileges.
All DUI charges can trigger a license suspension, which become progressively longer as individuals accrue additional convictions. In addition, when drivers refuse to take a breath or blood test at the request of law enforcement officers, they trigger the state implied consent law, which leads to an automatic minimum six-month suspension. Asking for a hearing within a limited timeframe is essential to avoiding this immediate outcome, which makes contacting local legal counsel right away even more important.
Call a Summerville DUI Attorney for Advice
The personal, professional, and financial repercussions of a DUI arrest are significant, even before receiving a conviction. Avoiding the worst possible consequences and finding the most effective solution for your needs could be more achievable with the help of a Summerville DUI lawyer. With assistance, you could resolve your situation in the best way possible.
From increased insurance rates to a criminal record, a DUI conviction can haunt you well into the future. Getting legal advice right away could be vital to your success against these criminal charges. Call today to learn how an attorney could help you.
