Understanding the Two-Front Battle
If you have been arrested for driving under the influence in South Carolina, you are likely feeling overwhelmed and uncertain about what comes next. At Burns & Burns Law Firm in Rock Hill, SC, we understand exactly what you are going through. Our team brings together the unique perspectives of former law enforcement officers and former prosecutors. We have seen how the state builds its cases from the inside, and we know how to dismantle those cases to protect your rights.
It is vital to understand that a DUI arrest initiates two separate, simultaneous processes. First, there is the criminal case, which will determine potential fines, jail time, and the impact on your permanent record. Second, there is an administrative process regarding your driver’s license. Many people mistakenly believe these are the same thing, but they are handled in different courts with different rules. You must address both to fully protect your future.
The Reality of Implied Consent
In South Carolina, the law operates under the principle of "implied consent." By operating a vehicle on state roads, you are considered to have given consent to chemical testing—breath, blood, or urine—if you are arrested for DUI. If you refuse to take these tests, or if you take them and register a blood alcohol concentration (BAC) of 0.15% or higher, your driver’s license will be immediately suspended.
However, the law also places strict requirements on the police. Officers must follow specific procedures, including informing you of your rights on video and administering tests within a two-hour window. If the officer failed to follow these protocols, it may be possible to challenge the suspension of your license. This is where our experience as former prosecutors becomes an asset; we know exactly what the state is required to prove and where they often make mistakes.
Critical Steps to Take Immediately
Time is not on your side following a DUI arrest. To safeguard your interests, consider the following steps:
- Request an administrative hearing: You have only 30 days from the date of your arrest to request a hearing to contest your license suspension. If you miss this window, your license will remain suspended regardless of the outcome of your criminal case.
- Secure a temporary license: Once you request your hearing, you can apply for a temporary alcohol-restricted license. This allows you to continue driving while your case is pending.
- Document everything: Write down every detail you remember about the traffic stop, the field sobriety tests, and the interactions with the officers. Memories fade quickly, and these details are often the key to a successful defense.
- Contact an experienced attorney: Do not attempt to navigate the South Carolina court system alone. You need a legal team that understands the nuances of DUI defense and can advocate for you in both the administrative and criminal courts.
Why Experience Matters
At Burns & Burns Law Firm, we do not just look at the surface of a case. We examine the probable cause for the initial stop, the reliability of the breathalyzer equipment, and whether the officer followed the strict guidelines set by the South Carolina Criminal Justice Academy. Because we have worked on both sides of the courtroom, we can anticipate the prosecution's strategy and build a defense that addresses the specific weaknesses in their case.
A DUI charge is serious, but it is not a guaranteed conviction. Whether it is challenging the validity of a breath test or fighting for a reduction in charges, our goal is to minimize the impact on your life and help you move forward. If you are facing charges in Rock Hill or the surrounding areas, reach out to our firm today to discuss your options and start building your defense.
Have Questions About Your Case?
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