Columbia DUI Lawyer: Get a Free Consultation Now

Introduction to DUI Charges

Facing a charge of driving under the influence (DUI) in South Carolina is a serious matter that can have life-changing consequences. The legal process following a DUI arrest in Columbia, SC, can be overwhelming, especially if you are unfamiliar with the steps involved or the potential outcomes. From the moment you are stopped by law enforcement, your driver’s license, freedom, and future are at risk. License suspension, steep fines, and even jail time are all possible penalties for a DUI conviction. That’s why it is crucial to seek the guidance of a skilled DUI attorney who understands the complexities of South Carolina law. An experienced attorney can help you navigate the legal process, protect your rights, and work toward the best possible outcome for your case.

DUI Defense Attorney in Columbia, SC

If you or a loved one has been arrested and charged with DUI in Columbia, you need an experienced lawyer who will fight to protect your rights. Hiring an experienced lawyer is crucial for handling drunk driving charges and felony DUI cases, as these serious offenses can result in severe penalties. The Columbia DUI Lawyers at the Strom Law Firm, LLC, handle all criminal charges, practice in courts throughout South Carolina, and provide an aggressive and proactive DUI defense to every client we represent.

If you are charged with a DUI crime, you are innocent until proven guilty, which is a right guaranteed by our constitution. It is the state’s burden to prove your guilt beyond a reasonable doubt in a court of law. Our law office is committed to providing comprehensive legal assistance and timely updates throughout your case. For experienced criminal defense attorneys who will fight for you and protect your rights, contact the Columbia DUI Lawyers at the Strom Law Firm, LLC today. Our SC law firm will use every resource at our disposal to help you get the best possible outcome in your DUI Charge.

We will investigate the allegations against you, examine every aspect of your DUI charge, and strengthen your position and mount a solid defense. If we find weaknesses in the prosecution’s case, your DUI charges could possibly be reduced to a lesser offense or you may even have your charges dismissed. We offer a free consultation to discuss your arrest, possible defenses, and what you may be facing. This free case evaluation allows you to discuss your situation with an experienced attorney at no financial commitment, so we can review your case details and determine the best defense strategy. Acting in a timely manner is essential for the best defense. Call our Columbia criminal defense attorneys today for a free consultation. 803.252.4800

With a proven track record of successful outcomes in Columbia, South Carolina, our law office encourages you to prioritize attorneys with specialized experience in local SC DUI laws for your defense.

What To Do After You Get Charged With A DUI in South Carolina

Imagine that you are driving down Assembly Street in downtown Columbia, South Carolina when you see blue lights behind you. You pull over in a safe location, and the officer approaches your vehicle. Your driver’s license is crucial, as a DUI charge can result in its suspension, affecting your ability to drive and your daily life. You hand him your driver’s license, registration, and proof of insurance when the question comes…” How much have you had to drink tonight?” The police officer will carefully observe your behavior and responses, as their training and experience play a significant role in the DUI investigation process.

Has this ever been the case for you or someone you know? Being suspected of DUI can be a frightening experience for anyone in South Carolina, from the field sobriety tests to the breath test, to the suspension of your license. If you refuse to take a breath, blood, or urine test, your driver’s license will be automatically suspended for six months. It is essential to complete the necessary paperwork in a timely manner to challenge any license suspension and protect your rights. Contacting a qualified Columbia DUI Lawyer can help you navigate a DUI case.

Drunk Driving Laws in Columbia, South Carolina

South Carolina enforces strict drunk driving laws to deter impaired driving and keep the roads safe. In Columbia, SC, if you are suspected of drunk driving, you are subject to the state’s implied consent laws, which means that by driving on South Carolina roads, it is implied that you have already consented to submit to a breath, blood, or urine test if . Refusing these tests can result in an automatic six-month suspension of your driver’s license, regardless of whether you are ultimately convicted. A DUI conviction in Columbia can lead to significant penalties, including fines, mandatory community service, and potential jail time. The impact of a conviction can extend beyond the courtroom, affecting your employment, insurance rates, and personal life. If you are facing DUI charges, it is essential to consult with a knowledgeable DUI attorney who can help you understand your rights and the specific laws that apply to your situation in Columbia, South Carolina.

The Initial Traffic Stop

The scenario described above is similar to the type of traffic stop that you may experience. A police officer may pull you over for a multitude of reasons, for instance, not using a turn signal, speeding, failing to stop at a stoplight, or swerving. No matter what the initial reason for the stop is, if the police officer smells alcohol, it is very likely the driver will be asked to step out of the car to perform a series of DUI tests, known as Standardized Field Sobriety Tests (SFSTs).

If you are taken into custody and interrogated, the police officer must read you your Miranda rights, which inform you of your right to remain silent and your right to request an attorney. An officer’s failure to properly advise you of your rights does not invalidate your arrest, but could result in any statements you make being excluded as evidence in your case. It is crucial to understand your rights when interacting with a police officer during a DUI stop.

The officer may not smell alcohol but may suspect you are driving impaired by a substance other than alcohol, such as prescription or OTC medication, or illegal drugs such as marijuana, cocaine, ecstasy, or methamphetamine.

Field Sobriety Tests

Field sobriety tests are performed roadside during a traffic stop when an officer suspects you of driving under the influence. These tests provide “clues” of impairment. If you show a sufficient number of “clues” indicating impairment, you may be arrested and charged with DUI. Showing clues on a field sobriety test can result in being charged with a drunk driving offense, which carries serious legal consequences and can have a long-term impact on your life.

DUI defense attorneys often investigate faulty Datamaster (breath testing) machines, discredit field sobriety tests, and challenge illegal stops as part of a comprehensive defense strategy.

The Breath Test (Datamaster DMT)

Once you are arrested under suspicion of DUI in South Carolina, you will be taken to jail and offered an opportunity to provide a breath sample.

If you provide a breath sample that is below a .15, you will be able to keep your driver’s license for the time, but could still lose your license if you are convicted of the DUI. If you provide a breath sample of .15 or higher, your license will be suspended for six months. This suspension would be in addition to any suspension you might incur if convicted in a South Carolina court of the DUI charge.

If you blow above .15 or refuse to provide a breath sample, you can request an administrative hearing (also known as an Implied Consent Hearing) in SC to challenge the suspension of your license. It is crucial to submit the necessary paperwork in a timely manner (normally within 30 days of your arrest) to request this hearing and challenge the suspension. The request for a DUI defense hearing will toll the suspension period until an order is entered after the implied consent hearing is held at the Office of Motor Vehicle Hearings. Once a hearing is held, the suspension will either be rescinded or upheld. If the suspension is rescinded, you will be eligible to reinstate your license at that time.

If the suspension is upheld, you must then serve the remainder of the suspension period previously tolled by your request for a hearing. You only have 30 days from the date of your DUI arrest to request an administrative hearing. If you fail to request this hearing for your charges, you forfeit the right to challenge your suspension. The experienced Columbia DUI lawyers at the Strom Law Firm can assist you through this DUI defense process.

The Penalties And Consequences

If you are convicted of a DUI in Columbia, S.C., you may face a range of DUI penalties, including high fines, license suspension, jail time, and other severe consequences. A DUI charge in Columbia, SC, involves license suspension, potential jail time, heavy fines, mandatory ADSAP education, and a permanent record. These penalties can have a lasting impact, including increased auto insurance premiums and obstacles in securing a job, a loan, and housing. DUI offenses also pose a serious risk of causing serious injuries to yourself and others on the road.

For example, if you are convicted of a DUI 1st offense, first offense penalties for DUI in South Carolina include fines, potential jail time, driver’s license suspension, and mandatory ADSAP classes. Specifically, you face up to 30 days in jail or a fine of $400 plus court costs. Your driver’s license will also be suspended for six months. If your BAC is 0.16% or higher, you will face harsher minimum penalties under South Carolina law.

You will need to enroll in ADSAP within 30 days of conviction and have your insurance company file a form SR-22 for 36 months. These penalties only increase with subsequent DUI convictions. For instance, with any DUI 2nd or above conviction, you may also be required to install an Ignition Interlock Device on your vehicle along with extended periods of the penalties described above. A DUI attorney can help you avoid paying costly fines and suffering severe penalties.

Defense Strategies for DUI Charges

When you are charged with a DUI in Columbia, SC, having an experienced DUI attorney on your side can make a significant difference in the outcome of your case. Your attorney will carefully review the circumstances of your arrest, including whether the initial traffic stop was lawful and if proper procedures were followed. Challenging the accuracy of field sobriety tests or breathalyzer results is another common defense strategy, as these tests are not always reliable. In some cases, your attorney may be able to negotiate with prosecutors to have your charges reduced or even dismissed, depending on the evidence and your specific circumstances. The goal is always to achieve the best possible outcome, whether that means a reduction in penalties or a complete dismissal of charges. Trusting your defense to a skilled DUI attorney in Columbia ensures that every aspect of your case is thoroughly examined and that your rights are vigorously defended.

The Importance of Hiring a DUI Attorney

If you have been charged with a DUI in Columbia, SC, hiring a qualified DUI attorney is one of the most important decisions you can make. The legal process for DUI cases is complex, and the stakes are high—license suspension, hefty fines, and jail time are all real possibilities. A DUI attorney will guide you through each step, ensuring you understand your options and helping you make informed decisions. They can negotiate with prosecutors, challenge evidence, and advocate for your rights in court, all with the goal of minimizing the impact of a DUI conviction on your life. With an experienced attorney by your side, you increase your chances of achieving the best possible outcome and protecting your future in Columbia, South Carolina.

The Benefits of Hiring a Local Attorney

Choosing a local attorney in Columbia, SC, to handle your DUI case offers distinct advantages. A local attorney is deeply familiar with South Carolina’s DUI laws and has established relationships within the Columbia court system. This local knowledge can be invaluable when navigating the entire process, from your initial arrest to court appearances and negotiations with prosecutors. A Columbia-based attorney can provide personalized attention, respond quickly to your needs, and offer guidance tailored to the unique facts and circumstanes of your case. By working with someone who understands the local legal landscape, you can feel confident that your defense is in capable hands and that you are receiving the most effective representation possible. If you are facing DUI charges in Columbia, trust a local attorney to help you through this challenging time.

Common DUI FAQs

I was arrested for DUI, but I had not been drinking at all. Will I be able to beat it?

According to the South Carolina DUI statute, it is unlawful for a person to drive while under the influence of alcohol, any other drug, or a combination of other drugs or substances, which can cause impairment to the extent that their faculties to drive a vehicle are materially and appreciably impaired. Not only is alcohol one of the substances listed, but this could include medications that have been mixed with alcohol or other substances, or can include driving while under the influence of illegal substances such as marijuana, cocaine, heroin, etc.

If a SC law enforcement officer believes you are driving impaired, he or she may ask you to perform field sobriety tests. Once he or she determines you are impaired, you may be asked for a breath sample. If the breath sample is refused or the sample provides a very low reading, the SC law enforcement officer may ask that you provide a urine or blood sample at the local hospital.

If you are arrested for DUI and believe that you were not impaired, you should contact a DUI attorney immediately. The earlier we start working on your DUI defense case, the better we will be able to fight the DUI charges against you. An experienced lawyer can review your case for weaknesses in the prosecution’s evidence, which may lead to DUI charges being reduced or even charges dismissed. Contact our Columbia DUI Lawyers today at (803) 252-4800 for a free consultation.

Should I consent to a field sobriety test in Columbia?

You have the right to refuse to submit to any testing that the South Carolina law enforcement officer requests. You can refuse to perform the field sobriety tests, but this may not prevent you from being arrested for suspicion of DUI. You can also refuse to provide a breath, blood, or urine sample (as discussed above), but you may have your driver’s license suspended for doing so. Refusing a breath, blood, or urine test will result in an automatic suspension of your driver’s license in SC. It is crucial to act in a timely manner to protect your driving privileges and ensure the best possible defense. You should seek the advice of an experienced Columbia DUI Lawyer.

Can I still drive in South Carolina if I didn’t take a breath test?

You have 30 days to request an administrative hearing. This request is accomplished by filling out the back of the Notice of Suspension form and turning it into the Office of Motor Vehicle Hearings Officer in South Carolina with a $200 filing fee. Once you do this, the SC Office of Motor Vehicle Hearings will email you a date for your administrative (implied consent) hearing. This form also goes to the South Carolina Department of Motor Vehicles. You will be notified of your eligibility to apply for a Temporary Alcohol License (TAL) at your local DMV, and once the TAL is issued, you will then be able to drive legally within the state of South Carolina during the pendency of your suspension.

It is crucial to submit all necessary paperwork in a timely manner to avoid forfeiting your right to challenge the suspension and to ensure your defense proceeds without unnecessary delays.

What is ADSAP?

ADSAP stands for Alcohol and Drug Safety Action Program, which is a statutorily mandatory alcohol class offered through DAODAS and locally through LRADAC. Individuals convicted of DUI or DUAC  in South Carolina are required to enroll in ADSAP within 30 days from the date of the conviction. The initial assessment and enrollment cost $500, and the program may cost up to $2,500 for individualized treatment services. However, if you are unable to pay the costs for treatment, the program may allow you to perform community service hours in lieu of monetary payment.

The time to complete the program varies as each case is handled on an individual basis. Those convicted of a DUI offense may not be eligible to reinstate their regular license until they can show proof of application to or completion of the ADSAP program to the South Carolina Department of Motor Vehicles.

In terms of the administrative suspensions for the refusal to provide a breath sample or providing a breath sample that requires the suspension of a driver’s license, a person must only show proof of enrollment into ADSAP in order to have their driving privileges reinstated. You must submit this to the Department of Motor Vehicles within 30 days of the issuance of an unfavorable order from the Office of Motor Vehicle Hearings.

What is SR-22 insurance?

SR-22 is a DMV form and not a type of insurance. This form proves the driver has the required liability amounts to the Department of Motor Vehicles. Form SR-22 is required for persons convicted of a DUI, DUAC, or a 2nd Reckless Driving conviction within five years. You are required to have the SR-22 on file for three years. Having an SR-22 requirement may cause your insurance premiums to increase significantly.

What is an IID (Ignition Interlock Device), and do I have to install one after a South Carolina DUI conviction?

The Ignition Interlock Device is a breath test mechanism attached to your vehicle’s motor, which will only allow the car to start once you provide a breath sample below a certain threshold. The device is meant to help prevent drunk driving. The device is also set up to periodically require you to provide a breath sample again to prevent others from blowing in the device for you.

If you do not submit to the test, the event will be logged in the IID’s memory, and alarms will go off until you stop the car. The device should be installed in all vehicles that you drive. An IID is not required for every DUI conviction. The experienced DUI attorneys at the Strom Law Firm can advise you on whether an IID is required in your drunk driving case.

This is my first DUI charge, and I have never been arrested before. Does this matter?

While having a clean criminal history is always a positive factor, there is no option for Pretrial Diversion or PTI with DUI charges. The most efficient way to obtain the best result in your case is to contact a qualified Columbia DUI attorney.

What is a South Carolina DUAC charge, and how is that different than a DUI?

DUAC is a commonly-used acronym for the offense of “Driving with an Unlawful Alcohol Concentration.” The penalties for a DUI and a DUAC in South Carolina are exactly the same; therefore, if you are convicted of DUAC, your South Carolina driver’s license will be suspended, you must enroll and complete ADSAP, and you must comply with SR-22 requirements.

Can I get a DUI conviction removed from my criminal record?

No, a DUI conviction can never be removed from your South Carolina driving record through an expungement. This is one of the most devastating aspects of being charged or convicted of a DUI offense in South Carolina. Contact the Strom Law Firm today if you or someone you know has been charged with a DUI to avoid having this type of conviction follow you for the rest of your life.

Contact the Columbia DUI Lawyers at the Strom Law Firm today

The DUI Lawyers at the Strom Law Firm are well-equipped to handle the ins and outs of a DUI or DUAC charge. We are well-versed in the aspects required to defend these drunk driving charges and are aware of the rules that law enforcement officers must follow in order to be successful in their pursuit of a conviction. Call the Strom Law Firm today at (803) 252-4800 to schedule a free consultation with a DUI attorney.