If you have been charged with driving under the influence (DUI), you likely feel overwhelmed and confused about what happens next. A first-time DUI in Spartanburg carries certain potential criminal penalties along with potential impacts on your driver’s license and career.
It is critical to know your full range of legal rights after a DUI arrest. An experienced DUI attorney could make sure your rights are fully protected and build a strong case for your defense.
Issues in a DUI Case
Defendants in DUI cases are innocent until proven guilty, and an experienced DUI attorney could investigate the issues involved to determine which legal options are available. For those facing their first charge of driving under the influence in Spartanburg, it can be challenging to know what to expect and what factual or legal issues are involved. Common issues to investigate in DUI cases include:
- Reviewing whether the police had probable cause to make a traffic stop
- Confirming that the defendant was in the driver’s seat at the time of the crash
- Reviewing whether police exceeded the scope of a legal traffic stop while performing a DUI investigation
- Checking that the defendant had been read their Miranda rights before making any admissions
- Reviewing whether field sobriety tests were performed according to proper standards
- Checking that breathalyzer tests were properly administered, and whether the equipment was properly maintained
- Checking if the blood test for alcohol was taken without implied consent or a valid search warrant
- Confirming that the defendant’s blood alcohol content (BAC) at the time of the stop was in fact over the legal limit
A DUI defense attorney could identify the issues that apply to your case and how to use them for your defense.
What Are the Penalties for a First-Time DUI?
South Carolina follows a three-tiered approach for first-time DUI offenders. When the blood alcohol content is lower than 0.10 percent, the driver can face up to 30 days in jail and a fine of $1,022. When BAC is 0.10 percent to 0.16 percent, drivers can face up to 30 days in jail and fines up to $1,230. First-time DUI offenders in Spartanburg with a BAC over 0.16 percent can be punished with up to 90 days in jail and fines exceeding $2,000.
In addition to criminal fines, court fees, and jail time, DUI offenders can face potential suspension of their driver’s licenses, employment issues, and other personal consequences of a conviction.
How a DUI Defense Lawyer Could Help Your Case
A Spartanburg defense lawyer knows how serious a first-time DUI charge can be and could work to minimize the impact. An attorney could investigate the facts of the arrest and the evidence involved in the case. This investigation may focus on how law enforcement handled the traffic stop and ensuing steps. Procedural mistakes, constitutional rights violations, and other issues could result in a reduction or dismissal of charges.
Our legal team could also negotiate with prosecutors and the SCDMV to fight for a reduced punishment in the criminal case and minimize the impact on your driver’s license. If you face a potential license suspension, your attorney can seek administrative hearings to challenge the suspension whenever possible.
For a first-time DUI charge, a knowledgeable DUI attorney will seek leniency and argue for an outcome that does not result in jail time for their client.
Contact a Spartanburg Defense Attorney Today for Help With Your First DUI Case
If you have been charged with driving under the influence, you likely have more questions than answers. Our experienced lawyers could help you understand your legal options after a first-time DUI in Spartanburg. Reach out today to schedule a free consultation with a knowledgeable DUI attorney.
(864) 585-5100