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

Answers to Most Common DUI Questions

Is it illegal to drink alcoholic beverages and drive in South Carolina? 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 unanimously be convinced beyond every reasonable doubt that...

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Greenville County Circuit Judge Reverses DUI Conviction

CASE NAME: Kathryn Key vs. South Carolina (Case No.: 2016-CP-23-06517; February 4, 2017) FACTS AND PROCEDURAL HISTORY: On December, 10, 2015, the Appellant (" Key") was involved in an automobile wreck at approximately 8:47 a.m. Shortly thereafter, emergency medical...

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If you’ve been accused of DUI or DUAC in the Upstate and would like the help of an experienced DUI attorney, please contact us any time to set up a free initial consultation! We’re available 24/7 and all information is strictly confidential. Simply fill out the form below or give us a call, and someone from our office will contact you promptly, every time.