DUI Attorney in
Moncks Corner, SC
Facing DUI Charges? Safeguard Your Rights with an Experienced Attorney
A DUI charge can have serious consequences, including license suspension, hefty fines, and even jail time. If you’re facing charges for driving under the influence in Moncks Corner or the Lowcountry, it’s important to understand your legal rights and options. Many people assume pleading guilty is their only choice, but a strong legal defense can help to reduce or dismiss your charges.
At Shahid Law Office, we provide personalized legal help to individuals facing DUI charges in Moncks Corner, SC. With extensive experience handling DUI cases, we are committed to protecting your rights, minimizing penalties, and helping you move forward.
Why You Need a DUI Attorney in Moncks Corner, SC
Why You Need a DUI Attorney in Moncks Corner, SC A skilled DUI attorney can:- Review the details of your arrest to identify any errors in law enforcement procedures.
- • Challenge breathalyzer results and field sobriety tests if they were improperly administered or inaccurate.
- Negotiate reduced charges or alternative sentencing to reduce the impact on your record.
- Represent you in court to build the strongest defense possible.
DUI Penalties in South Carolina
South Carolina imposes strict penalties for DUI offenses, with consequences increasing based on blood alcohol concentration (BAC) levels and the number of previous convictions.First Offense (Misdemeanor)
- BAC Below 0.10%: $400 fine or 2 to 30 days in jail, plus a 6-month license suspension.
- BAC 0.10% to 0.16%: $500 fine or 3 to 30 days in jail, plus a 6-month license suspension.
- BAC Above 0.16%: $1,000 fine or 30 to 90 days in jail, plus a 6-month license suspension.
Second Offense (Misdemeanor)
- BAC Below 0.10%: $2,100 to $5,100 fine and 5 days to 1 year in jail, plus a 1-year license suspension.
- BAC 0.10% to 0.16%: $2,500 to $5,500 fine and 30 days to 2 years in jail, plus a 1-year license suspension.
- BAC Above 0.16%: $3,500 to $6,500 fine and 90 days to 3 years in jail, plus a 1-year license suspension.
Third Offense (Misdemeanor)
- BAC Below 0.10%: $3,800 to $6,300 fine and 60 days to 3 years in jail, plus a 2-year license suspension.
- BAC 0.10% to 0.16%: $5,000 to $7,500 fine and 90 days to 4 years in jail, plus a 2-year license suspension.
- BAC Above 0.16%: $7,500 to $10,000 fine and 6 months to 5 years in jail, plus a 2-year license suspension.
Fourth Offense (Felony)
- BAC Below 0.10%: 1 to 5 years in prison and permanent license revocation.
- BAC 0.10% to 0.16%: 2 to 6 years in prison and permanent license revocation.
- BAC Above 0.16%: 3 to 7 years in prison and permanent license revocation.
As is clear from the above, South Carolina takes DUI offenses seriously, and penalties can be life-altering, especially for repeat offenders. If you are facing DUI charges, seeking legal assistance immediately can make a significant difference in the outcome of your case.
How We Defend Our Clients Against DUI Charges
At Shahid Law Office, we use strategic defenses to challenge DUI charges, including:
- Unlawful Traffic Stops
- Law enforcement must have probable cause to pull you over. If the stop was unjustified, evidence obtained may be inadmissible in court.
- Inaccurate Breathalyzer or Field Sobriety Tests
- Breathalyzer machines must be properly maintained and administered by trained officers. Faulty equipment or improper testing procedures can result in inaccurate BAC readings.
- Violation of Your Rights
- If your rights were violated during the arrest, this could impact the validity of the case against you.
- Alternative Sentencing Options
- For first-time offenders, we may be able to negotiate reduced charges, probation, or participation in alcohol education programs instead of jail time.
Each DUI case is unique, and our legal team will thoroughly analyze the circumstances to build the best defense for your situation.
DUI and Your Driving Privileges
One of the most immediate consequences of a DUI charge is driver’s license suspension. However, you have the right to request an administrative hearing to challenge this suspension. The timeframe for requesting a hearing is limited, so it is crucial to act quickly.
With the help of a DUI attorney in Moncks Corner, SC, you may be able to:
- Challenge the validity of the suspension.
- Obtain a temporary license while your case is pending.
- Explore options for reinstating your driving privileges sooner.
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.
What You Should Do After a DUI Arrest
If you’ve been arrested for a DUI in Moncks Corner or anywhere in the Lowcountry, taking the right steps can significantly impact your case:
- Remain Calm and Cooperative – Resisting arrest or arguing with law enforcement can aggravate the situation.
- Exercise Your Right to Remain Silent – Do not admit guilt or provide unnecessary information without legal counsel.
- Request an Attorney Immediately – Contacting a DUI attorney as soon as possible can help you build a strong defense.
- Document Everything – Take note of details such as where and when you were pulled over, what the officer said, and any tests performed.
- Avoid Discussing Your Case— Do not discuss your arrest on social media or with anyone other than your lawyer.
The sooner you act, the better your chances of fighting the charges effectively.