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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

Answers to Most Common DUI Questions

Oct 29, 2018 |

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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“Can the Police Get My Medical Records?”

Jun 29, 2016 |

This topic or question often comes up when we represent clients accused of DUI/Drunk Driving that have been involved in an accident and have been taken to a hospital and are charged with DUI in the process.  Most of the time our clients have refused to provide a blood...

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DUI Videos Quick Answers to Common Questions

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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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