DUI Attorney in
Goose Creek, SC
Safeguard Your Rights Against DUI Charges with the Help of An Experienced Attorney
If you’ve been charged with driving under the influence (DUI) in Goose Creek, SC, you need an experienced attorney who understands the complexities of South Carolina’s DUI laws. A conviction can have lasting consequences, including jail time, fines, license suspension, and increased insurance rates.
At Shahid Law Office, we provide aggressive legal help to fight DUI charges and protect your rights. Our legal team deeply understands the DUI laws in South Carolina and will work hard to get the best possible outcome for your case.
Understanding DUI Charges in South Carolina
South Carolina enforces strict DUI laws, and penalties vary based on blood alcohol concentration (BAC) and prior offenses. Law enforcement officers in Goose Creek and the Lowcountry/The Great Charleston Area actively patrol for impaired drivers, and a DUI arrest can occur after a routine traffic stop or a DUI checkpoint. It’s important to understand the legal process and potential consequences of facing DUI charges in South Carolina.What Constitutes a DUI in South Carolina?
In South Carolina, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. This is the standard limit across all states in the US. However, certain individuals, such as commercial drivers, have a lower BAC limit (0.04%). Drivers found with a BAC over these limits can be charged with a DUI.
How a DUI Attorney Can Help Your Case
Fighting a DUI charge requires a thorough understanding of South Carolina’s legal system, law enforcement procedures, and potential defense strategies. We take a detailed and strategic approach to every case at the Shahid Law Office. We begin by carefully reviewing the circumstances of your arrest and examining police reports, dashcam footage, and field sobriety test results to identify any errors or inconsistencies. If the officer lacked reasonable suspicion to stop you or failed to follow proper procedures, it could weaken the prosecution’s case.
Breathalyzer and blood tests are not always reliable, and we investigate whether the testing equipment was properly calibrated and maintained. If there are issues with how your BAC was measured, we can challenge the results in court. We also assess whether your constitutional rights were violated at any stage, such as during the traffic stop, arrest, or questioning.
Every DUI case is unique, and depending on the circumstances, we may seek a reduction in charges or alternative sentencing options, such as participation in an alcohol education program instead of jail time. If your license has been suspended, our DUI Attorney in Goose Creek, SC, can help you request an administrative hearing to fight for limited driving privileges.
Evidence in a DUI Trial: Proving or Challenging Intoxication
The prosecution and defense rely on various forms of evidence in a DUI trial to establish or dispute intoxication.
- Breath, Urine, or Blood Test Results – These chemical tests determine blood alcohol content (BAC). However, errors in testing procedures, improper calibration, and medical conditions can lead to inaccurate results.
- Roadside Video Footage – Dashcam or bodycam footage may capture how a driver performed on field sobriety tests, providing a clearer picture than an officer’s subjective observations.
- Datamaster Room Video – Many DUI arrests include video recordings from the Datamaster room, where the breath test is conducted. This footage can reveal whether the driver appeared impaired or exhibited normal behavior.
- Officer Testimony – The arresting officer’s statements often include observations about speech, coordination, odor of alcohol, or driving patterns. These observations can be challenged based on inconsistencies or lack of objective proof.
- Witness Testimony – Other witnesses, such as passengers or bystanders, may provide accounts that support or contradict the officer’s claims.
- Irregularities in Testing Procedures – Failure to follow SLED (South Carolina Law Enforcement Division) protocols for field sobriety or chemical tests can lead to the exclusion of key evidence.
- Medical Conditions – Certain medical conditions can mimic signs of intoxication or cause falsely elevated BAC results, providing a valid defense in some cases.
A skilled DUI Attorney in Goose Creek, SC, will analyze all available evidence, identify weaknesses in the prosecution’s case, and build a strong defense tailored to the specifics of your situation.
Refusing a Breathalyzer Test: Understanding South Carolina’s Implied Consent Law
South Carolina enforces an implied consent law, meaning that by operating a vehicle in the state, you automatically agree to submit to chemical testing if a law enforcement officer has probable cause to suspect you of driving under the influence. This includes breath, urine, or blood tests to determine blood alcohol concentration (BAC).
Refusing to take a chemical test can have serious consequences, regardless of whether you were actually impaired. Your driver’s license is suspended for six months for a first refusal. A second refusal results in a nine-month suspension, and a third or subsequent refusal leads to a one-year suspension.
Additionally, refusing the test makes you ineligible for a provisional driver’s license, meaning you could lose your driving privileges entirely during the suspension period.
While refusing a test may seem like a way to avoid DUI charges, prosecutors can still use your refusal against you in court as evidence of guilt. If you have been charged with a DUI after refusing a chemical test, a skilled DUI attorney in Goose Creek, SC, can fight to protect your rights and challenge the suspension.
DUI Defenses in South Carolina
There are several potential defenses that could help reduce or dismiss your DUI charges:
- Illegal Traffic Stop – If the police officer lacked reasonable suspicion, the stop may be challenged.
- Inaccurate Breathalyzer Results – Malfunctions, improper calibration, or medical conditions can affect results.
- Field Sobriety Test Issues – Unfair testing conditions or officer errors can lead to false signs of impairment.
- Violation of Constitutional Rights – Unlawful searches, Miranda rights violations, or lack of probable cause can weaken the prosecution’s case.
Protecting your driving ability is critical, and we will guide you through the necessary steps to fight for your rights.
A DUI conviction affects more than just your driving record. It can impact:
- Employment Opportunities: Many employers conduct background checks and may view a DUI negatively.
- Insurance Rates: Auto insurance premiums often increase significantly after a DUI.
- Professional Licenses: Certain professions, like healthcare or commercial driving, may revoke licenses due to a DUI conviction.
- Travel Restrictions: Some countries, such as Canada, restrict entry to individuals with DUI convictions.
Myth 1: You can’t be charged with DUI if your BAC is under 0.08%.
Fact: You can still be charged if your driving is impaired, regardless of your BAC.
Myth 2: Refusing a breathalyzer test means no evidence against you.
Fact: Refusal can lead to automatic penalties and may still be used against you in court.
Myth 3: A first-time offense isn’t serious.
Fact: Even a first DUI conviction can have significant long-term consequences, including fines, jail time, and increased insurance rates.
In South Carolina, jail time for a DUI conviction varies based on factors such as blood alcohol concentration (BAC), prior offenses, and the presence of aggravating circumstances. Understanding the potential jail sentences underscores the need for a robust legal defense:
- First Offense – 48 hours to 90 days
- Second Offense (Within 10 Years) – Five days to three years
- Third Offense (Within 10 Years) – 60 days to five years
- Fourth Offense (Within 10 Years) – One to seven years
- Felony DUI – 30 days to 25 years (depending on the specific offense)
Key Considerations:
Mandatory Minimums: South Carolina law imposes mandatory jail time even for first offenses with high BACs. Judges have limited discretion in reducing these sentences.
Aggravating Factors: Circumstances such as causing an accident in the Lowcountry/Greater Charleston Area or having a minor in the vehicle can significantly increase jail time.
Given the severe penalties, it is critical to secure an experienced DUI lawyer. An attorney can work to reduce charges, challenge evidence, or negotiate alternative sentencing options like rehabilitation programs or community service.
Why Choose Shahid Law Office for Your DUI Defense?
When facing DUI charges in Goose Creek or the Lowcountry, you need a skilled and knowledgeable attorney. Here’s why clients trust the Shahid Law Office:
- Proven Experience – Years of success fighting DUI cases in South Carolina
- Personalized Defense Strategies – Every case is unique, and we craft personalized strategy accordingly
- Aggressive Representation – We fight hard to protect your rights and minimize penalties
- Strong Negotiation Skills – We seek reduced charges or alternative sentencing options
- Dedicated to Clients – We keep you informed and involved throughout the legal process
Facing DUI Charges in Goose Creek? Hire An Experienced DUI Attorney in Goose Creek, SC
If you or a loved one has been charged with a DUI, don’t wait to get legal help. The sooner you take action, the better your chances of fighting the charges and avoiding harsh penalties. Attorney A. Peter Shahid, Jr. and his team are experienced in handling DUI cases in Goose Creek and the Lowcountry.
We realize how confusing and overwhelming the legal system can feel when facing serious charges. We provide personalized and attentive legal assistance to every client, no matter the circumstances. Contact us today.