Anyone can be charged with Driving Under the Influence. DUI is a charge that people of all walks of life can find themselves facing. What most people don’t realize is that a DUI is one of the most technical types of cases that the criminal justice system deals with.
The officers, sheriff’s deputies, and troopers who make DUI arrests are specifically trained to detect impaired drivers, administer standard field sobriety tests, and administer breath tests. Most law enforcement agencies in the Upstate of South Carolina have specialized DUI units that focus on nothing more than making DUI arrests. A DUI case may also involve blood being drawn from a local hospital and tested by a criminal toxicologist employed by the South Carolina Law Enforcement Division (SLED). Other DUI cases involve traffic accidents that are investigated by specially trained accident reconstruction investigators.
What are the consequences of getting a DUI?
A first offense DUI conviction may result in a large fine, the loss of your driver’s license, and jail time. A DUI conviction may also result in mandatory completion of ADSAP (Alcohol Drug Safety Action Program) classes, mandatory SR-22 insurance (high risk insurance), and mandatory installation of an ignition interlock device on your vehicle.
A second, third, or fourth offense DUI conviction may result in large fines, loss of driving privileges for an extended period of time, SR-22 insurance (high risk insurance), mandatory installation of an ignition interlock device on your vehicle, and mandatory prison time.
A DUI conviction may also lead to the loss of employment and damage to your reputation. A DUI conviction may prohibit you from entering certain foreign countries.
Why do I need a lawyer for a DUI?
A lawyer can greatly help your defense in a DUI case. John D. Newkirk represents individuals who have been charged with Driving Under the Influence (DUI) in South Carolina. John will thoroughly investigate your case to determine if law enforcement has properly and legally administered the field sobriety tests and the breath/blood/urine test. He will determine if the police have strictly followed the many laws as they relate to DUI in South Carolina. John also utilizes police training manuals, his 15 years of DUI trial experience, and specific DUI Defense training to determine if the police have followed their own training when making a DUI case.
While formulating a defense with the objective of reaching the best possible resolution in your case, John will listen to your concerns and expectations, guide you through the criminal justice process, and ensure that you understand all of your options and rights.
What if my license is suspended?
If your South Carolina driver's license has been suspended because you refused to take a breath/blood/urine test, or because of your alcohol level, John D. Newkirk can help you obtain a temporary driver’s license and may be able to have your full driving privileges restored. In South Carolina, you only have 30 days to request a hearing to have your driver’s license restored.
If your South Carolina driver's license has been suspended because you were convicted of a DUI, you may be eligible for a provisional driver's license or an Ignition Interlock Device (IID) driver's license.
In South Carolina, charges for driving under the influence include:
DUI: Driving Under the Influence of Alcohol or Drugs
Drugged Driving: Driving Under the Influence of Drugs
Felony DUI with Great Bodily Injury: DUI with serious injury
Felony DUI with Death: DUI that results in death
BUI: Boating Under the Influence of Alcohol or Drugs
DUAC: Driving with an Unlawful Alcohol Concentration
Reckless Driving: Driving a vehicle in such a manner as to indicate either a willful or wanton disregard for the safety of persons or property (not necessarily alcohol or drug related)
Reckless Homicide: When a person dies as a proximate cause of an injury received by the driving of a vehicle in a reckless disregard of the safety of others (not necessarily alcohol or drug related)
Zero Tolerance for Under 21: Although this is not a criminal offense, it can have serious consequences for any minor who is administratively charged under this statute