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Defending a DUI

  • Michelle Hubrich
  • 6 days ago
  • 2 min read
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My standard advice to friends who ask me what to do if they are stopped for a DUI is: Don't blow and don't submit to a standard field sobriety test. There are a variety of reasons for this piece of advice which is a topic for another post. However, assuming that you are arrested for a DUI and assuming you don't submit to the testing, you now have two distinct issues which neccessitate hiring an attorney.


1. You have a pending criminal charge for Driving Under the Influence, and

2. You have a suspended driver's license.


In South Carolina, we have a law called "implied consent". In exchange for the privilege of driving in South Carolina, we give "implied" consent that we will submit to breath, blood and/or urine samples if a law enforcement officer believes that we have been driving under the influence.


And, if you don't submit to these tests when you're arrested for a DUI, then you must surrender your driver's license on the spot.

Here's the statute:


Here are the two legal issues that a good lawyer can help you with:


  • ONE, you have a DUI arrest that needs to be defended in traffic court. Since you refused the Breathalyzer your case is easier to defend and you are much more likely to avoid the sometimes catastrophic consequences of a DUI conviction.


  • TWO, you now have a suspended license which requires a quick appeal to the South Carolina Office of Motor Vehicle Hearings. Once this appeal is filed, you will receive a Temporary Alcohol Restricted License which allows you to drive pending the hearing.


The implied consent suspension is SEPARATE AND APART from the DUI case.


We can help you with both.



Michelle



 
 
 

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