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

Murdaugh Murders Saga: Back To The Boat Crash

Feb 10, 2022 | DUI News

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...

Steve W. Sumner Attorney at Law Changes Name to Sumner & Todd

Feb 10, 2022 | Firm Updates

Attorney Scott Todd Named Partner at Sumner & Todd GREENVILLE, S.C. – Upstate South Carolina attorney Steve Sumner has announced the addition of B. Scott Todd as a partner in his law practice. Moving forward, the firm will be known as Sumner & Todd, Attorneys...

What if I Hold a Drivers License in Another State but am Charged with DUI in South Carolina?

Jan 8, 2019 | FAQs

If you are licensed in another state but are charged with a DUI in South Carolina, we have all the details you need to know.

Have Questions About Administrative Suspensions in South Carolina DUI/Drunk Driving Cases? We’ve Got Answers

Dec 28, 2018 | DUI Resources, FAQs

Administrative suspensions of a person’s driver’s license in South Carolina can be confusing, so I’m breaking down some of the key information in today’s post.

20 Good Examples of Why a Driver Needs to Exercise their Right to Remain Silent at a DUI Traffic Stop

Dec 12, 2018 | DUI Resources

Many don’t understand the importance of remaining silent during an arrest. Here are some examples of things people often say that can be incriminating.

Will My DUI Arrest Ever be Erased from My Record?

Nov 30, 2018 | DUI Resources

A common question I hear after a DUI conviction is, “Will my DUI arrest ever be removed from my record?” In some cases, the answer is yes. Learn more here.

Fact or Fiction: Can the Police Can Make Me Provide a Blood Sample?

Nov 17, 2018 | FAQs

In some circumstances, the police can require a person charged with a DUI to provide a blood sample, but not always. Learn more about the topic here.

If You’re Not Driving Badly, Are You Safe From a DUI Arrest?

Nov 5, 2018 | DUI Resources

“Bad driving” is often what causes a police officer to pull over an impaired driver. Learn more about whether driving badly can affect your DUI charge here.

Answers to Most Common DUI Questions

Oct 29, 2018 | FAQs

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...

What is an Administrative Hearing in South Carolina in DUI/Drunk Driving Cases?

Jan 10, 2018 | DUI Resources

First, this is a confusing area of the law for many drivers who find themselves arrested or charged with DUI and also facing an "administrative suspension." If you are confused, it is probably because it is confusing. What is an "administrative suspension" and what is...

Greenville County Circuit Judge Reverses DUI Conviction

Feb 22, 2017 | DUI News

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...

Georgia State Court Suppresses HGN Test and Breath Results from DUI Trial

Jan 19, 2017 | DUI News

CASE NAME: Georgia vs. Council (Case No. 16-T-18312; December 14, 2016) PROCEDURAL HISTORY: On November 2, 2016, the above-styled case came before this court for a specially set trial, with pending motions filed by the Defendant to be heard immediately prior to...

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