Out Of State DUI
Arrested For DUI in South Carolina?
You enjoyed a couple alcoholic beverages with dinner, cleaned your plate, patted yourself on the belly and said “Well, it’s time to hit the road.” As you cruised down the interstate, blue and red flashing lights snapped you out of the tunes you were humming along to.
“Those can’t be for me, right?”
Wrong. They were for you.
You were pulled over while driving through South Carolina. You were asked some questions (“Have you been drinking tonight?”) before being asked to step out of your vehicle. You were placed in handcuffs and tossed into the local jail for the night, left alone to think about how your life is about to change for the worse.
You were charged with driving under the influence (DUI).
There’s perhaps only one thing that can ruin a vacation, family visit, or old-fashioned road trip more than food poisoning: an arrest for drunk driving. A DUI arrest can bring your trip to a screeching halt, resulting in you spending the night behind bars and facing a future of fines, the loss of your driver’s license, and a long-distance legal case to worry about.
If you’ve been arrested for drunk driving while spending time in South Carolina, it’s imperative to have a proven, local defense attorney working on your case. A local attorney will be most familiar with the legal process in South Carolina and know the ins and outs necessary to limit the damage for you and your family.
At Drennan Law Firm we provide thorough, tenacious representation for out-of-state clients. We will be your eyes and ears in South Carolina, making sure the long arm of the law doesn’t extend back home and make a mess of your life. We can provide you with peace of mind throughout your case as you focus on taking care of things at home. We have extensive experience defending clients against DUI charges in our state, including felony DUI.
What You Should Know About Receiving a DUI Out of State
From a legal perspective, a DUI in South Carolina for an out-of-state driver is no different than a DUI for an in-state driver in South Carolina. An arrest for DUI will result in you going to jail and facing all the criminal penalties a DUI entail, including fines, the suspension of your driver’s license and possible prison time if there are aggravating factors. You will also face the collateral consequences such as increased insurance rates and the harm that comes from having a criminal conviction on your record.
Just like in-state drivers, it’s crucial for an out-of-state driver to have an experienced DUI defense lawyer who understands South Carolina’s DUI laws and has a proven ability to navigate the criminal justice system. At Drennan Law Firm, our attorneys know what you don’t know about the DUI laws in South Carolina. We can use this information to build the strongest possible defense against the charges you face.
We will begin by thoroughly examining the circumstances surrounding your DUI arrest. Were you arrested at a sobriety checkpoint set up by the police? If so, did they have the approval of a judge to set up the checkpoint? Were you arrested for DUI as part of a traffic stop? If so, did they have probable cause to pull you over? If your constitutional rights were violated in any way, we will seek to have any resulting evidence against you thrown out.
How to Fight a DUI Charge That Occurred Out of State
Facts. Facts. Facts.
Defending a DUI that occurred out of state is handled the same way an in-state DUI is handled. Ultimately, your fate will come down to the facts of the case and your lawyer’s ability to present them in a way that limits the damage you face from a DUI charge.
At Drennan Law Firm we investigate the investigators, making sure that all proper procedures were followed. If any unconstitutional shenanigans took place, we will make sure they are not able to use that poisoned evidence to build a case against you. Prosecutors have the burden of proof in DUI cases and we will make sure that remains a burden for them in every sense of the word.
You will benefit from having a local attorney on the ground in South Carolina, limiting your in-person involvement as much as possible so you can focus on living your life at home and making things right with your family.
You are innocent until proven guilty, and you deserve to have a lawyer fighting to protect your good name and your future from the ravages of a criminal record. The prosecution will put all the resources at their disposal into defeating you; you need to arm yourself with the proven, steady representation you need to make sure your side of the story is heard.
Out of State & Facing Criminal DUI Penalties?
South Carolina, like other states, prohibits people from driving when they are impaired by alcohol. South Carolina’s blood alcohol content limit is .08%, which means that anyone at or over that limit can be charged with a DUI. If you are under the limit, you may still face a DUI if you fail the roadside sobriety tests or if there is other evidence of intoxication or impairment.
If you are not from South Carolina but are facing a DUI, you can still face criminal penalties. If you are under 21, you can have your license automatically suspended for three months. You will lose it for six months if you have a prior offense. The law allows a BAC of up to .02% before penalties for the zero-tolerance law apply. If you refuse to consent to BAC testing, then you will have your license automatically suspended for six months on a first offense and a year for a second or subsequent offense.
Can commercial drivers lose their license for getting a DUI?
Commercial drivers who get a DUI in South Carolina are disqualified from driving for a year, but if you are from out of state, it is a good idea to talk to your attorney about which penalties apply to you. For commercial drivers, a BAC of .04% is enough to get a DUI conviction, as is refusing to take a breath test. If you are caught driving with a BAC of .04% or above in your commercial vehicle or even on your own time in your personal vehicle, you could face the loss of your commercial license in this state.
There are additional penalties that drivers in South Carolina could face, and those may apply to you even if you’re not from the state. To help your case, it’s smart to reach out to your attorney right away. You can work with them to fight the charges and to work out what kinds of penalties may be used against you as an out-of-state driver.
What should you do if you’re stopped for a DUI?
Unless you know you’re over the aggravated DUI limit, you should allow the BAC testing to proceed. Otherwise, you’ll lose your license. If the test shows that you are under .08%, you may be able to negotiate lower penalties or have the accusations and charges dropped completely based on your situation and what occurred that day or night.
How To Hire A Lawyer To Fight An Out-Of-State DUI
You can’t do anything about what has already happened. Your visit to our beautiful state may have ended in a way you’d like to forget, but you can take action now to make sure the rest of your life isn’t harmed by one bad day. Remember this: even good people can find themselves facing criminal charges. A DUI arrest does not make you a bad person; you deserve a strong defense against these charges so you can put this behind you and do better tomorrow.
The first step in your defense is choosing the right attorney. That attorney should be a local attorney who is familiar with the South Carolina justice system and the intricacies of that state’s DUI laws. You’ve already done the legwork and your search has brought you here. Drennan Law Firm has the credentials, track record, resources, and legal skill necessary to protect your rights, your freedom, your reputation, and your future from the damages of a DUI charge.
Contact us anytime for a free consultation with an experienced lawyer from our firm. We can answer your questions, take stock of your situation, and begin creating a clear strategy for mounting the aggressive defense you need during this scary time for you and your loved ones.