The most critical moments of a DUI case occur during and right after a DUI arrest in Greenville, SC is made. Once you have been read your rights, request a lawyer.
Your Time with The Arresting Officer
As soon as the police officer approaches your car after pulling you over, they are going to begin testing you to see if you are under the influence. They are going to ask you to gather your license, registration, and proof of insurance while engaging you in conversation. This tests your ability to multitask, someone who is under the influence generally has trouble doing this.
Once the officer has suspicion that you are under the influence, he is going to tell you he wants to administer either a breathalyzer test or a field sobriety test. If you fail either one of these, he has the right to arrest you for a DUI at that point.
It is the responsibility of the arresting officer to state the reason for the arrest and read you the Miranda Rights. At this point, anything you say from that moment on can be used against you in court. For your own protection, it is important to invoke your right to a Greenville, South Carolina DUI defense lawyer. Reaching out immediately to a lawyer can help you build a defense against the charges being brought against you.
Keep in mind that everything that goes on between you and the officer will be in his report so now is the time to keep a mental note as to everything that happens because this can help the defense find the officer’s report and statement inadmissible because of discrepancies.
Once You Are in Custody After a DUI Arrest in Greenville, SC
Once you arrive at the jail you will be processed. After processing, you need to see if the legal representation has arrived or if you asked for it to be provided it has been provided. If it has not been, understand that you have no legal obligation to speak to any investigator or prosecutor.
Often times prosecutors and investigators will try to keep it out of court and try to plea bargain with you. Usually, this is done by intimidation and by misleading you. Don’t fall for it. If anyone tries to discuss your DUI arrest in Greenville, SC with you beside your attorney, make a mental note of this. Your attorney can use this against the prosecution’s case.
If this is your first offense, after a night in jail you will be released but without the ability to drive. At this time, it is important for you to work closely with your attorney to help produce necessary information to build a defense against the DUI charge.
A first offense DUI in South Carolina, depending on your blood alcohol content, could get you up to 90 days in jail and fines that range from $400 to $1000. Along with this, a 6-month mandatory license suspension will be enforced.
If this is your second offense, depending on your blood alcohol content, you could be in jail for up to 3 years in jail along with a 12-month license suspension. Fines and court costs will be applicable as well. This suspension is followed by a mandatory period of using an ignition interlock system.
If this is your third offense, depending on your blood alcohol content, you could be in jail for up to 5 years with a license suspension that could be as long as 4 years. Fines and court costs will be applicable. You will also be required to have an ignition interlock system for an extended period of time.
Fourth and Any Subsequent Offenses Thereafter
If you are on your fourth DUI offense, depending on your blood alcohol content, the jail time could be up to 7 years in jail with a permanent license suspension.
Ignition Interlock Devices
After DUI arrests and subsequent penalties, you may get the opportunity to have restricted driving privileges back with the implementation of an ignition interlock device on your vehicle. This device is a breathalyzer that you have to pass anytime you want your car to start.
These devices come with monthly fees and mandatory maintenance that can come with a cost as well. You can be found in violation and could lose driving privileges if you abuse the protocol for the ignition interlock device.
These devices are also monitored in real-time, so any violations are recorded and if you fail too many times the device will be locked out. If a lockout occurs and you do not get it to a service shop it can cause license loss as well.
If you have been arrested for a DUI in Greenville, avoiding these serious penalties are only possible with the expertise of an experienced DUI law firm in Greenville, South Carolina. Call today for a consultation.