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DUI Resources Answers to Common DUI Questions & Other Information You Need to Know

How can I get a license to drive if it was seized or forfeited during my arrest?

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You must request an administrative hearing within thirty days of your arrest and apply for a temporary license. We can take care of this for you if you decide to have us represent you.

If I register over .08 on the Breathalyzer test, am I automatically guilty of DUI?

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No! The Breathalyzer reading is simply a piece of evidence a judge or jury can consider. Our office is familiar with issues related to the Breathalyzer machine that may prohibit a reading from being received as evidence during a trial. Under the South Carolina 2009 DUI Reform Act, penalties, potential incarceration or jail time, and fines have been increased based on the breath test results.

Am I legally required to take the field sobriety test at an officer’s request?

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No! An officer may be reluctant to advise you of this right, but you do not have to take field sobriety tests.

Am I legally required to take the Breathalyzer test at an officer’s request?

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No! However, a refusal can result in a six month administrative suspension, but we can help restore your driving privileges. You must act quickly, however, as time constraints are in place.

Can I have a lawyer represent me in a DUI charge?

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Yes! This is a serious charge. Your freedom and financial situation could change dramatically if you are convicted of a DUI. I strongly recommend that you retain an attorney experienced in DUI defense. On many occasions, there are legal defenses to a DUI charge that only an experienced DUI defense attorney can spot on your behalf. The attorney who may handle a divorce or house closing is most likely not your best option.

Is it illegal to drink alcoholic beverages and drive in South Carolina?

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No! In South Carolina, it is legal to consume alcoholic beverages and then drive a vehicle. To be convicted of DUI, a judge or jury must be unanimously convinced beyond every reasonable doubt that your ability to drive was both materially and appreciably impaired by excessive alcohol consumption. Mere proof of a person’s consumption of alcoholic beverages is not enough for a DUI conviction.

Additional DUI Resources Some Helpful Information For You

Attorney Scott Todd Named “Best & Brightest”

Oct 11, 2022 |

GREENVILLE, S.C., (September 2, 2022) –– Attorney Scott Todd, a partner with Sumner & Todd Attorneys at Law, has been named to Greenville Business Magazine’s “Best & Brightest Under 35” list for 2022. Now in its 28th year, the magazine’s annual issue...

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Murdaugh Murders Saga: Back To The Boat Crash

Feb 10, 2022 |

https://youtu.be/wOUqQ2cpLGc Before the ‘Murdaugh Murders’ true crime saga in South Carolina became national and international news last year – i.e. before the infamous double homicide at Moselle or the bizarre roadside shooting involving disgraced attorney Alex...

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DUI Videos Quick Answers to Common Questions

Sumner & Todd,
Attorneys at Law

112 Manly Street
Greenville, SC 29601

Phone: (864) 235-3834
Fax: (864) 233-8781
Email: info@upstatedui.com

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