Marion DUI Lawyer
When you have been accused or arrested for driving under the influence or DUI, you should talk to a Marion DUI lawyer as soon as you can. A conviction for DUI in South Carolina can leave you with a permanent criminal record, cost you lots of money, lead to jail time, and result in license suspension, among many others. With the right lawyer working for you, they can mitigate the consequences of a DUI and achieve the most favorable outcome for you.
At The Law Office of Brad C. Richardson, LLC, our Marion DUI lawyer routinely handles various DUI cases involving alcohol and drugs, such as:
- First DUI Offense – Even if you do not have a criminal history, a conviction for a first DUI offense poses severe punishments, depending on the circumstances of your case.
- Felony DUI – You will be convicted of felony DUI if you injured or killed another individual in a crash. This poses even harsher penalties.
- Breath Test Refusal – You could risk a lengthy license suspension, ignition interlock device (IID) installation, and mandatory alcohol classes. Our Marion DUI lawyer can review your case to see if we can prevent this from happening.
- Repeat DUI Offenses – Repeat DUI offenders face more severe penalties with each subsequent DUI offense.
- OMVH Administrative Hearings – Requesting an administrative hearing with the Office of Motor Vehicle Hearings (OMVH) may help you avoid license suspension until your hearing date. It will also give your lawyer more time to develop your defense.
Our Marion DUI lawyer can also explore other options to help you keep your driving privileges.
What You Should Know About DUI Laws and Penalties in South Carolina
It is illegal in South Carolina to drive a motor vehicle if:
- You are under the influence of alcohol, drug, or any intoxicant
- Your blood alcohol content (BAC) is .08% or higher
You are considered under a substance’s influence if your ability to drive a vehicle is appreciably and materially impaired. State statutes specify the DUI penalties based on a person’s BAC and the number of prior DUI convictions within the past 10 years. It’s important to note that the state also counts prior DUI convictions that occurred outside the state.
- First DUI Offense – A fine of up to $992 and jail time of up to 30 days
- Second DUI Offense – A fine of up to $10,750 and jail time of up to three years
- Third DUI Offense – A fine of up to $13,240 and jail time of up to five years
- Felony DUI – A fine of up to $21,120 and up to 15 years in prison when the crime involves injury to another person or a fine of up to $52,245 and up to 25 years in prison when the crime involves death to another person.
All DUI convictions require offenders to enroll in mandatory alcohol and drug treatment programs in which they must undergo a drug and alcohol evaluation and follow the prescribed treatment plan. In some cases, first-time DUI offenders may serve community service equal to the amount of time they would have served in jail.
Understanding The Implied Consent Law in South Carolina
Under the implied consent laws in SC, all drivers who have been legally arrested for a DUI must submit to blood, breath, or urine testing. A refusal may lead to a suspension of your license from six months to a year, depending on whether it’s your first or subsequent offense. If your license gets suspended, you may qualify for an IID program and finish the remainder of your suspension with an IID and restricted driver’s license.
License Suspensions and Restrictions for DUI Convictions in South Carolina
A judge will order your license to be restricted or suspended if you get convicted of a DUI. For your first offense, your license may be suspended for six months. You may get a temporary license that will allow you to drive, but only after you’ve completed the alcohol or drug treatment requirements. If your BAC was .15% or higher or you refused testing, you can’t get a temporary license but may drive with an IID.
If it’s your second DUI offense, you are required to install an IID for two years. If it’s your third DUI offense, you must drive with an IID for three years. However, if you had three DUI convictions within five years, you’re required to have an IID for four years. For repeat DUI convictions, your vehicle will be immobilized if you fail to install an IID. When your vehicle is immobilized, your registration and license plate will be temporarily forfeited.
How Our Marion DUI Lawyer Can Help With Your Case
With the Marion DUI lawyer at The Law Office of Brad C. Richardson, LLC, working on your case, we will act promptly to gather evidence to support your defense and minimize the potential consequences you may have to face. As a former prosecutor with over 20 years of experience, attorney Brad C. Richardson knows the local courts well, which is a huge benefit if you have been arrested for a DUI.
DUI cases are also very complicated, with complex laws and deadlines to meet. Your lawyer will help you understand how these laws and deadlines apply to your case and handle everything that needs to be done to strengthen your defense. Never plead guilty before a lawyer has reviewed your case and looked for possible defenses.
For instance, the police could’ve made a mistake during your arrest. Your lawyer, on the other hand, can negotiate with the prosecutor on your behalf to try and get the charges dropped against you or reduce them.
Get In Touch With Our Experienced Marion DUI Lawyer Today
Facing a DUI conviction in South Carolina can be incredibly stressful and scary, regardless if it’s your first or second DUI offense. But you don’t have to deal with this delicate and life-changing situation on your own. Our Marion DUI lawyer can help. To set up your case consultation and learn what our Marion DUI lawyer can do for you, please call The Law Office of Brad C. Richardson, LLC, or send them an online message today.