Getting pulled over for driving under the influence in South Carolina is a serious offense, and the state is all too willing to punish you for your actions. But if you’re arrested and charged with felony DUI, the punishments you’ll face will be significantly more severe. While a South Carolina DUI defense attorney can represent your case and argue for the charges to be lessened, there’s a high likelihood that you’ll end up doing at least a little jailtime for getting behind the wheel when you shouldn’t. Here’s what you need to know.
Jail Time Is a Mandatory Punishment for Felony DUI
In South Carolina, felony DUI convictions carry a mandatory jail sentence. This means the sentence is required and it’s highly unlikely that you’ll be able to get out of serving time if you’re convicted. For felony convictions, you’ll face a minimum sentence of one month and a maximum sentence of up to 25 years, depending on the severity of your charges.
If it’s your fourth offense and that’s the only reason you’re being charged with a felony DUI, you can be required to serve a maximum of seven years in prison. However, if your actions caused injuries to another person or killed someone, the sentence could be much longer. if your actions injured another person, you can serve a maximum of 15 years in jail. If you killed someone, you could have to serve up to 25 years in prison.
Your South Carolina DUI defense attorney will explain the minimum and maximum sentences you’re likely to face based on your case.
What You Can Do to Defend Yourself
Though some amount of jail time is mandatory for felony DUI convictions, there are things you can do to defend yourself and potentially get the charges lessened or dismissed. Here are a few ways your South Carolina DUI defense attorney may choose to defend your case.
Question the Legitimacy of the Stop
All traffic stops, including those leading to a felony DUI arrest, must have a clear and legitimate reason for the stop to occur. This means the officer must have a valid legal reason to pull you over. This could involve situations like the following:
- Expired registration
- Broken headlight or taillight
- Failing to follow the rules of the road
- Driving aggressively
- Driving erratically
- Showing clear signs of intoxication
Without probable cause for the stop, your attorney may be able to argue that the stop was not legal and, in some cases, get your charges dismissed or reduced.
Question the Maintenance of the Testing Equipment
Police departments are expected to maintain all testing equipment like breathalyzers according to the manufacturer’s standards and recommended schedule. Failure to properly maintain the equipment can result in inaccurate readings. If you think there’s a chance that your charge resulted from poorly maintained equipment, your attorney can request the maintenance logs for any equipment used during your arrest.
If the equipment wasn’t maintained and the police department didn’t verify the breathalyzer results with a subsequent blood test, they may be able to get your charges reduced or dismissed.
Be as Honest as Possible With Your Attorney
The best way to guarantee a fair and accurate defense is to be honest and open with your attorney. Explain what happened leading up to the stop. Let them know what happened during the stop from your perspective, and listen to their advice when they give it. Ultimately, they may not be able to get your jail sentence lifted, but they may be able to help you get a less severe judgment.
Let the Team at Truslow & Truslow Help
If you’ve been charged with felony DUI, working with an experienced South Carolina DUI defense attorney is an absolute must. At Truslow & Truslow, our team has represented drivers like you in both felony and misdemeanor DUI cases for years. Contact us today to schedule a free consultation.