We know that legal matters can keep you up at night worrying about what the future may hold. They can take an emotional toll on you and your loved ones. With our firm on your side, you can have peace of mind knowing you have an experienced team working to resolve the problems you face. In addition to providing high quality, efficient and effective legal services, we will treat you and your case with the respect and attention it deserves.
As you are making a decision to secure a South Carolina attorney, consider the commonly asked questions below:
Our attorneys are both South Carolina natives who have lifelong commitment and dedication to the state. Just like you, we are interested in protecting the great people in our community. We realize that everyone makes mistakes, but we want and will fight for a fair sentencing process so that only just processes and practices go to helping our community. A criminal defense is a fundamental right, and we are committed to providing community members with the best representation possible.
Generally speaking, in both the civil and criminal systems, the legal process can take anywhere from several months to several years to move through the court system. One of the most difficult requests we make is that you be patient. The legal process is slow and deliberate – that combination does not always meet the needs or expectations of our clients.
Additionally, courts are always full, and there are several steps that must be taken before any trial date is set – mediation, investigation, discovery, depositions, pre-trial hearings and motion hearings are but a few examples. Though we cannot control the court’s schedule or docket, we can assure you that we will treat your case with due deference under the circumstances.
In preparing your case and uncovering the facts, we may participate in what is known as “discovery.” Discovery is the formal name for finding and exchanging information.
During discovery, both sides may request or subpoena information about you, your spouse, your business and more. If necessary, we may suggest hiring a private investigator. However, our most important and cost efficient source of information is you, our client. You should maintain a “diary” to refresh your memory concerning dates/events/conversations that have occurred or are occurring. Also, keep your eyes and ears open to provide us with all information that might be helpful to your case.
When important events occur, write them down. You may forget details as time passes.
Your fee will be determined by the time required to complete your case. In more complex cases, you could spend the price of a car on attorney’s fees. We will often ask you to do things for us in order to keep costs down – obtain records, for example. So that there is never a question, we will enter into a contract with you and clearly outline all fees and costs associated with your case.
The penalties listed above are just the beginning when it comes to drunk driving. A conviction can be harmful to your relationships, place a financial strain on your family, and even cause you to lose your job. A criminal defense attorney is your best option for getting your charges reduced or dropped completely. Whether this is your first arrest or you have a criminal record, a criminal defense attorney has the knowledge and experience to save you from the severe consequences of a DUI conviction. One mistake does not need to ruin your future forever, and a DUI attorney can help you move past your charges and into a more stable situation.
The penalties you can face following a DUI arrest are far-reaching and include administrative and criminal penalties. For a first offense, it is possible to face a 6-month license suspension, a $400 fine, and a month in jail. These punishments only get worse if you have a prior DUI, refused a chemical test, or had a BAC of 0.15% or higher. Depending on the will of the court, you could lose your license indefinitely, spend years in jail, and pay thousands of dollars.
The phrase “wet reckless” applies to a reckless driving charge that an alleged offender usually agrees to plead guilty instead of DUI. Wet reckless is a common kind of plea agreement reached in certain DUI cases when a prosecutor might be uncertain about the likelihood of a conviction for DUI. The reckless driving conviction acts as a way of showing the alleged offender was still charged with a crime. It is important to understand that a reckless driving conviction can still carry serious penalties, including a possible fine and points being added to your driving record. A conviction could also impact your automobile insurance rates. Repeat reckless driving convictions can lead to driver’s license suspensions, and two reckless driving convictions will result in a 90-day driver’s license suspension with no option for a provisional or route-restricted license. Three reckless driving convictions can lead a person being declared a habitual offender and having their license suspended for five years. You must be certain that you understand all of the possible consequences of a reckless driving conviction before you agree to one of these plea deals. In some cases, accepting a wet reckless might not be in a person’s best interests. A wet reckless plea agreement could also involve a possible pre-trial intervention (PTI) requirement that an alleged offender will need to satisfy.
No, you cannot. An expungement, or an Order for Destruction of Arrest Records, is a court order that essentially destroys a criminal record, but its application is very limited. Courts typically limit expungements to minor crimes and first-time offenses, but even then limit the crimes they can be used for. The South Carolina House of Representatives and Senate both passed Act No. 254, a bill that sought to expand the number of people eligible for expungement, but it was vetoed by Governor Henry McMaster before both houses of the General Assembly overrode the veto (108-1 in the House of Representatives and 35-5 in the Senate). Still, the only traffic offense that can be expunged in South Carolina is a first offense for failure to stop when signaled by a law enforcement vehicle, but all other traffic offenses, including DUI convictions, cannot be expunged. You can have a DUI expunged only if you were found not guilty of the DUI charge or the charge was dismissed. Convictions remain on your record permanently, but keep in mind that the South Carolina Department of Motor Vehicles only offers records dating back as far as 10 years.
Yes. South Carolina is a member of the Driver License Agreement (DLA), an interstate compact that requires all states to honor licenses issued by other member states, report traffic convictions to the licensing state, and maintain a complete driver’s history. When you have prior drunk or drugged driving convictions in other states, you can be almost certain that a prosecutor will use those previous convictions to seek enhanced penalties. A prior conviction needs to be considered a predicate offense, which means that the applicable state law must be similar to the South Carolina DUI statute. Most other state laws are considered grounds for predicate offenses in South Carolina. When a South Carolina driver is arrested for DUI in another state, the South Carolina Department of Motor Vehicles can still impose a suspension of the alleged offender’s driver’s license and may be able to order the person to install ignition interlock devices (IIDs) on all vehicle they own or operate under Emma’s Law, the state law requiring offenders with BACs of 0.15 or greater to install and maintain IIDs for six months.
DUIs carry with them various charges. While the majority of them are criminal punishments, DUIs do have additional charges that an offender can incur. These surcharges often consist of administrative, court processing, and other miscellaneous fees. Another common example of a DUI surcharge is the cost associated with an ignition interlock device that the court may require a driver to install. The installation and rental costs will solely be incurred by the offender with no government subsidies.
Unfortunately, even first time DUI offenders can see jail time. This jail time is to be at a minimum of two days and not to exceed 30 days. However, judges will often grant the option for community service hours rather than jail time for a nonviolent offender.
Even after a first DUI offense, your license will be suspended for at least six months. This suspension period can increase and is contingent on your level of intoxication at the time of arrest and your prior driving record. The suspension on your license will be released after you complete an alcohol and drug awareness course and serve the term of the suspension.
Penalties for a first time DUI offense often vary depending on the intoxication level of the driver. Fines typically range from $400 to $1,000 before administrative fees. If the driver is found to have a BAC that is barely over the legal limit of 0.08 percent, they may face between two and 30 days in jail. If the driver has a BAC over double the legal limit, they can face jail time between 30 and 90 days. In any case, jail time may be replaced with community service hours at the judge’s discretion.
In accordance with South Carolina state statutes, drivers do have the legal right to refuse a breathalyzer test. However, refusal of the test does come with some costly consequences. Drivers who refuse the test will have their license immediately reprimanded and suspended for at least six months. This suspension period is based on your past driving record and whether you have previously refused a breathalyzer test. Refusing the test may not always be a wise decision, and it is best to consult with your attorney before any action after an arrest.