Greenville DUI Lawyer

Empathy and Expertise in Your Time of Need

If you find yourself on this page – chances are you’re facing one of the most challenging moments in your life – being arrested for a DUI charge in Greenville, SC. We understand the worry and uncertainty that comes with such a situation. We’re here to assure you that you’re not alone. The Bateman Law Firm specializes in defending individuals just like you who are navigating the complexities of DUI charges in Greenville. Our experienced Greenville DUI lawyer is here to offer steadfast commitment to helping you pursue the best possible outcome.

Understanding the DUI Charges in Greenville, SC

Facing a DUI charge in Greenville, SC can be overwhelming, as the legal process can be intricate and intimidating. It’s essential to comprehend the charges you might be facing. In South Carolina, DUI (Driving Under the Influence) pertains to operating a motor vehicle while under the influence of alcohol, drugs, or both. The severity of the charge depends on factors such as blood alcohol content (BAC), prior DUI convictions, and whether any accidents or injuries were involved.

The Consequences You Could Face

DUI charges in Greenville, SC can lead to a series of consequences that could significantly impact your life. These may include:

• License Suspension: Your driver’s license could be suspended, making it challenging to fulfill daily responsibilities.
• Fines: DUI convictions often come with substantial fines that can strain your finances.
• Jail Time: Depending on the circumstances, you might face jail time, which could disrupt your personal and professional life.
• Insurance Premiums: A DUI conviction might cause your insurance premiums to skyrocket or result in policy cancellation.
• Criminal Record: A DUI conviction can leave a lasting mark on your criminal record, potentially affecting employment prospects.

What Penalties Can I Face for a DUI in SC?

If you are above the age of 21 and you are convicted of DUI, what will determine the penalties you receive and the severity of your sentence in South Carolina is whether it’s your first DUI conviction and your BAC level.

Here are the penalties you may face based on your circumstances:

DUI First Offense

A first DUI offense carries a fine of not less than $400 or imprisonment of not less than 48 hours and not exceeding 30 days. If your BAC was at least 0.10% and less than 0.16%, you will be subject to a higher fine or imprisonment of no less than 72 hours and not exceeding 30 days.

If your BAC was 0.16% or greater, you may be subject to an even higher fine or imprisonment of no less than 30 days or more than 90 days. The court might provide for public service employment of equal durations.

DUI Second Offense

Fines of no less than $2,100 and not exceeding $5,100 and imprisonment of between 5 days and 1 year. If your BAC was at least 0.10% but less than 0.16%, you face fines not less than $2,500 and not exceeding $5,500 and imprisonment of not less than 30 days or more than 2 years.

If your BAC was 0.16% or greater, the fines will be between $3,500 and $6,500, and the imprisonment not less than 90 days and not more than 3 years.

DUI Third Offense

You may expect a fine of no less than $3,800 or more than $6,300, and imprisonment of not less than 60 days or more than 3 years. If your BAC is between 0.10% and 0.16%, the fines will be no less than $5,000 or more than $7,500 and the imprisonment not less than 90 days or more than 4 years.

If your BAC is 0.16% or more, the fines are no less than $7,500 or more than $10,000, and imprisonment of no less than 6 months but not exceeding 5 years.

DUI Fourth Offense or Greater

You face imprisonment of no less than 1 year or more than 5 years. If your BAC level is at least 0.10% or less than 0.16%, you face imprisonment of not less than 2 years or more than 6 years. If your BAC is 0.16% or higher, you may be imprisoned for not less than 3 years or a period not exceeding 7 years.

Driving With An Unlawful Alcohol Concentration – Same penalties as DUI above.

If you or a loved one was charged with DUI, you could be facing the penalties listed above. Consider reaching out to our experienced Greenville DUI lawyer at The Bateman Law Firm today for a free consultation. You can call us at 864-406-3004 any time of the day.

What Is the BAC (Blood Alcohol Content) Limit in SC?

When referring to a “legal limit” most people assume that there’s a certain blood alcohol content (BAC) level above which a person is automatically found guilty of DUI. While this is true for DUAC charges (a BAC of .08 or higher is enough to convict a person of DUAC), it isn’t enough for a DUI conviction.

The state has to prove that a person was intoxicated to an extent that substantially or materially affected their ability to drive, no matter their BAC level, to convict someone of DUI.

There are too many factors that influence how intoxicated a person is based on the number of drinks, whether the person is a female or male, how much they had to eat, their body size, the alcohol content in the drinks, the person’s metabolism, and their alcohol tolerance level.

With this in mind, the legal BAC limit refers to how much alcohol is contained in a person’s blood at the time they were driving.

Can I Refuse a Breathalyzer Test in SC?

Yes. As a South Carolina resident, you have the right to refuse a breathalyzer test, though it comes with a penalty. When the officer asks you to take a test, they should let you know that you have the right to refuse. You may decline the test without any explanation.

If you do choose to refuse a breathalyzer test, your driver’s license will be suspended automatically. Refusing a breathalyzer test in South Carolina means that you will be mandated to complete the Department of Alcohol and Other Drug Abuse Services course. You will also likely face a fine to have your license restored once you complete the program.

Implied Consent Laws in SC

South Carolina has its implied consent law, meaning that all drivers in the state are automatically presumed to consent to the drug and alcohol testing as part of a DUI arrest. This is covered under Section 56-5-2950 of the South Carolina Code of Laws.

As such, if you refuse to take the DataMaster (DMT) or the breathalyzer test, there will most likely be consequences, as outlined below.

Positive Consequences

• Since you refused to take the blood tests, there will be no proof of your BAC level.
• You can request an implied consent hearing, where your Greenville DUI lawyer might be able to get you a temporary driver’s license.
• You won’t be charged separately for refusing to take a breath test.
• The evidence for the DUI case against you will be limited to the opinions of the arresting police officer, video from the officer’s squad car, and the field sobriety tests if you submitted to them.

Negative Consequences

• Your driver’s license is automatically suspended for 6 months.
• The judge or jury might not exactly look favorably on your breath test refusal.
• You have no proof of your blood alcohol content level in court.
• The prosecution might hit you with heavier charges.

What Is a Felony DUI in SC?

For DUI cases, the prosecution has to prove that the person was driving under the influence of alcohol, drugs, or both to such an extent that their ability to drive a motor vehicle was materially impaired. For a felony DUI case, the prosecution has to demonstrate that:

• The person was driving under the influence of drugs, alcohol, or both.
• While driving, the person committed an act that’s forbidden by law or neglects the duty imposed by law while driving a motor vehicle.
• The negligence or actions cost great bodily injury or death to a person other than the driver.

Based on South Carolina law, the consumption of alcohol doesn’t have to be the primary cause of death or injury; so long as it still contributed to the accident.

For example, if you were sitting at a stoplight within your lane and out of nowhere somebody slams into the back of your car and gets seriously injured, this may not lead to a felony DUI conviction. You could instead be charged with a simple DUI.

South Carolina law defines “great bodily injury” as any injury that creates a significant risk of death, or that causes permanent disfigurement, or an impairment or protracted loss of the function of any organ or bodily member.

For this reason, it might not take much for a DUI accident to result in a felony DUI. For instance, if a person injured in a DUI accident suffered a broken arm placed in a cast, the prosecutor may argue that the eight weeks in the cast is enough to warrant a protected loss of the function of a bodily member.

Common Defenses in DUI Cases

You might be wondering how you can fight your South Carolina DUI charge. The following are 5 examples of the common defenses that can be used to avoid a guilty verdict in court.

Failure to Record Your Breath Test and Traffic Stop

Police officers in South Carolina are required to record the video of every DUI traffic stop they conduct. They should start recording as soon as they turn on their strobe lights and must record everything including the administration of the breathalyzer test.

If the attending officer did not record your traffic stop, or the video shows that the officer didn’t follow the right steps, you might be entitled to a “not guilty” verdict.

It’s worth noting that there are few exemptions to the video recording requirement in South Carolina. The officer isn’t required to record that DUI traffic stop when exigent circumstances exist, or when it’s physically impossible to do so.

However, these exemptions won’t apply in most cases. Our Greenville DUI lawyer can help request a copy of your arrest video, and if it’s not available, it’s up to the police and the prosecutor to justify why no video exists.

Invalid Breathalyzer Test Results

Even if the arresting officer followed the due procedure and recorded your breathalyzer tests, several issues could render the test invalid. For instance, the device may not have been calibrated properly, or the officer who did the testing was not trained adequately or failed to follow the requisite procedures.

Other issues could lead to false positives in BAC levels. Some common examples include:

• Certain medical conditions like diabetes;
• Recent consumption of cold or cough medication;
• Increase of BAC after being pulled over— your BAC was not above the legal limit while driving;
• Recent use of mouthwash;
• Recent consumption of certain kinds of food or breath mints.

Invalid Standardized Field Sobriety Testing

While the implied consent law requires drivers to submit to a breath test, it does not apply to the standardized field sobriety tests (SFSTs). If you voluntarily submitted to the SFSTs (even if you weren’t aware that you had the option to refuse) your performance on the test will likely be used against you in court.

However, for SFST results to be valid in a DUI case, the arresting officer has to perform the tests properly, and must accurately interpret the suspect’s performance.

Several issues can render common field sobriety tests unreliable, such as failure to consider alternative explanations for poor performance (e.g., a medical condition), or poorly describing the tests the driver has to perform.

If the results are deemed unreliable and there isn’t any other evidence to prove you’re guilty, this could help protect you against a conviction.

Inadequate Evidence of Impairment

Having a .08% BAC or above is not the only way to face a DUI charge in South Carolina. If the prosecution can show that your faculties to drive were appreciably and materially impaired, you can be charged with DUI regardless of BAC level.

With this in mind, one way to avoid a DUI conviction is successfully arguing against the prosecution’s allegations of impairment. If there’s not enough evidence to prove how your driving faculties were diminished, you don’t deserve a conviction.

Violations of Your Constitutional Rights

Many DUI defendants are normally able to avoid conviction by asserting their constitutional rights. If the attending officers violated your constitutional rights on the road or while you are in custody, or some issues amount to constitutional rights infringements with your DUI case, it could justify a motion to dismiss.

Some examples of common constitutional violations that can be used as defenses in DUI cases include:

• Protection against unreasonable seizures and searches;
• Protection against double jeopardy;
• Privilege against self-incrimination;
• Right to the assistance of counsel;
• Protection against surprise charges and evidence;
• Right to a speedy and public trial.

The Path Forward

Navigating a DUI charge in Greenville, SC can be daunting, but you don’t have to face it alone. The Bateman Law Firm’s DUI Defense team is ready to stand by your side, offering expert guidance and unwavering support. We’re committed to safeguarding your rights and advocating for your best interests, every step of the way. When your future is at stake, trust The Bateman Law Firm to provide the legal representation you deserve.

Choosing The Right Defense: Why The Bateman Law Firm Stands Out

If you’ve been arrested for a DUI in Greenville, SC, you’re at a crossroads that could significantly impact your future. Navigating the legal complexities of a DUI charge requires experienced legal counsel, and that’s where The Bateman Law Firm comes in. Our team of seasoned Greenville DUI Lawyer is dedicated to helping you understand your options, guiding you through the legal process, and crafting a robust defense tailored to your unique circumstances.

A Free Consultation Awaits You

At The Bateman Law Firm, we understand that selecting legal representation is a significant decision. That’s why we offer free consultations. This initial meeting provides an opportunity for you to share your case details, get to know our team, and gain insights into how we can help you.

Empower Your Defense with The Bateman Law Firm

When you choose The Bateman Law Firm to represent you in your DUI case, you’re partnering with a dedicated team that has your best interests at heart. With extensive experience, local knowledge, and a commitment to achieving optimal results, we’re prepared to guide you through this challenging time.

Common Mistakes People Make After a DUI Arrest in Greenville, SC

Being arrested for a DUI in Greenville, SC can be overwhelming, but the choices you make following the arrest can significantly impact the outcome of your case. Avoiding common pitfalls and seeking the right advice can make a substantial difference in your defense strategy. The Bateman Law Firm is here to help you understand the mistakes to avoid and to provide the experienced guidance you need during this challenging time.

Delaying Action

After a DUI arrest, time is of the essence. Waiting too long to address your charge can result in missed opportunities to build a strong defense. The sooner you consult with our experienced Greenville DUI lawyer, the better chance you have of preserving crucial evidence and initiating the legal process.

Talking to Law Enforcement Without Counsel

It’s natural to want to explain your side of the story to law enforcement, but doing so without legal representation can be detrimental. Anything you say can be used against you in court. It’s in your best interest to remain respectful, provide necessary information like identification, but refrain from making statements without your attorney present.

Neglecting to Understand Your Rights

Knowing your rights is essential in any legal situation. If you’re unsure about what you should or shouldn’t do after a DUI arrest, consult with our Greenville DUI lawyer immediately. Understanding your rights can prevent self-incrimination and safeguard your defense.

Ignoring the Importance of Evidence

Evidence plays a pivotal role in any legal case. Failing to gather and preserve evidence from the scene, such as witness statements, photographs, or video footage, can weaken your defense. Reach out to The Bateman Law Firm to help you secure relevant evidence and determine its potential impact on your case.

Failing to Seek Legal Counsel

Navigating the intricacies of DUI charges in Greenville, SC is complex. Attempting to represent yourself can lead to mistakes that jeopardize your case. The Bateman Law Firm specializes in DUI defense and can provide the knowledgeable guidance you need to build a robust defense strategy.

DUI Defense Client Story

This client story is for educational purposes only.

In the midst of life’s twists and turns, sometimes, we find ourselves at crossroads we never imagined. Kenneth’s journey took an unexpected detour when he found himself facing a DUI charge in Greenville, SC. The weight of the situation bore down on him, clouding his future with uncertainty. It was in these moments of doubt that he discovered his guiding light – John Bateman of The Bateman Law Firm.

Kenneth’s world turned upside down the day he saw those flashing lights in his rearview mirror. He felt his heart race as he pulled over, the reality of the situation sinking in. The hushed whispers of potential consequences raced through his mind as he stepped out of his car, handcuffs replacing the freedom he once knew. Kenneth knew he needed a beacon of hope, someone who could navigate the legal labyrinth ahead.

Enter John Bateman, a seasoned Greenville DUI lawyer with a reputation for championing the rights of those facing DUI charges. From the very first meeting, Kenneth felt a sense of reassurance. John Bateman’s calm demeanor and unwavering resolve were like a lifeline amidst the storm. As John listened to Kenneth’s side of the story, a glimmer of hope pierced through the darkness.

John Bateman and his dedicated team delved into every aspect of Kenneth’s case. They pored over evidence, examined the circumstances of the arrest, and left no stone unturned. Through their meticulous investigation, they unearthed details that would prove crucial to the defense. They crafted a strategy tailored to Kenneth’s situation, determined to challenge the charges that hung over his head.

As the trial unfolded, John Bateman’s presence was a source of strength for Kenneth. With every objection, every argument, Kenneth felt a renewed sense of hope. John’s extensive knowledge of DUI law and his unwavering dedication to his clients were evident in every step of the process. The courtroom was transformed into a battlefield where John fought tirelessly for Kenneth’s rights and future.

Contact Our Experienced Greenville DUI Defense Teamat The Bateman Law Firm

You don’t have to face the uncertainties of a DUI charge on your own. The Bateman Law Firm’s dedicated Greenville DUI Lawyer is here to walk alongside you, providing legal experience, unwavering support, and a steadfast commitment to your future. We’re more than just attorneys – we’re your advocates, and we’ll work tirelessly to safeguard your rights and pursue justice on your behalf.

Your journey towards resolution and hope begins with a simple step – reaching out to The Bateman Law Firm. Let us be your allies in this challenging time. Contact us today for your free consultation and take the first step towards reclaiming your future. Remember, when you choose The Bateman Law Firm, you’re choosing a dedicated team that will fight for you every step of the way.