Getting pulled over for driving under the influence (DUI) is a serious offense that can have severe legal and personal consequences. In South Carolina, DUI penalties are strict, meaning you could be facing hefty fines, jail time, and even license suspension. While it’s natural to feel overwhelmed after a DUI arrest in Greenville, there are things you should avoid doing to minimize the impact of your arrest.
This article will deal with the top mistakes people make after a DUI arrest and how to prevent them. Plus, we’ll give practical advice on why talking with an experienced Greenville DUI lawyer is crucial to protecting your rights and minimizing potential damage. So let’s get started!
DUI Penalties Are Severe in South Carolina
South Carolina is one of the strictest states when it comes to DUI penalties. These penalties can have life-altering consequences, including jail time and hefty fines. A first-time DUI offense in South Carolina could lead to up to 30 days in jail, a fine between $400-$1,000, and license suspension for six months.
The penalties become even more severe if you have multiple offenses or aggravating circumstances like causing an accident or having a minor in your car. For example, a second-time offender could face up to one year in jail and a minimum fine of $2,100.
A third offense entails a fine of $3,800 and up to three years in jail. After the fourth offense, you risk permanent revocation of your driver’s license and up to five years in jail.
The DUI conviction and its penalties can sometimes be made worse by your actions after being pulled over. These are the worst mistakes to avoid in a DUI arrest:
Mistake 1: Refusing a Breath Test
When an individual is pulled over for suspicion of driving under the influence, they may be asked to submit to a breath test. Refusing to take this test can lead to serious consequences.
One common mistake people make after a DUI arrest is refusing a breath test. It’s important to understand that South Carolina has implied consent laws, meaning that by operating a vehicle on public roads and highways, you are implicitly consenting to chemical testing if an officer suspects you of driving under the influence.
If you refuse a breath test in South Carolina, your driver’s license will automatically be suspended for six months or longer depending on previous offenses. Additionally, refusing the test can be used as evidence against you in court.
Mistake 2: Trying to Resist Arrest
One of the biggest mistakes you can make after a DUI arrest is trying to resist arrest. This is not only illegal, but it could also land you in even more trouble than you were already facing. Resisting arrest can result in additional charges and heavier penalties.
When law enforcement officers are attempting to take you into custody, it’s important that you comply with their requests. If they ask for your cooperation, then provide it to them calmly and without resistance. Trying to fight back or flee will only make matters worse.
Always remember that there are legal options available to help defend yourself against DUI charges – resisting arrest is not one of them. By working with an experienced Greenville DUI lawyer, you can navigate this difficult process with confidence and get back on track as soon as possible.
Mistake 3: Talking to the Police without a Lawyer
One thing to avoid after a DUI arrest is talking to the police without first consulting with an experienced Greenville DUI lawyer. It’s natural to want to explain your side of the story or even defend yourself, but doing so can actually harm your case.
Anything you say to law enforcement officials can and will be used against you in court. Even innocent statements can be taken out of context and used as evidence against you. Remember that police officers are trained in interrogation techniques designed to elicit incriminating information from suspects.
By having a Greenville DUI lawyer present during any interactions with law enforcement, you have someone on your side who understands legal procedures and knows how best to protect your rights. Your attorney will advise you on what questions to answer and what information should be kept private.
Remember that it is always better for your defense if the prosecution has less evidence against you. Don’t give them anything they can use by speaking freely without proper representation. If approached by law enforcement after a DUI arrest, respectfully decline their requests until you have obtained legal counsel.
Mistake 4: Asking Friends and Family for Legal Advice
Talking of lawyers, a huge mistake after a DUI arrest is relying on friends and family for legal advice. While they may mean well and may have a previous experience with DUI charges, your loved ones are not qualified to provide you with accurate legal counsel.
Firstly, every DUI case is different and requires personalized attention from an experienced Greenville DUI lawyer who can evaluate your specific situation. Friends and family members who have gone through a similar experience cannot offer the same level of expertise as a professional attorney.
Secondly, relying on non-professionals for legal advice can lead to confusion and misinformation. It’s essential to get reliable information that will help you make informed decisions about your defense strategy instead of blindly following what someone else suggests.
Mistake 5: Assuming You Will Be Found Not Guilty
One of the most common mistakes people make after a DUI arrest is assuming that they will be found not guilty. This assumption can be dangerous and lead to even more severe consequences. It’s important to understand that DUI penalties in South Carolina are severe, and being charged with a DUI is no small matter.
Assuming you’ll be found not guilty may cause you to underestimate the seriousness of your situation, which could ultimately result in harsher penalties. Remember that it’s up to the prosecution to prove their case beyond a reasonable doubt – this means there’s always a chance you could be convicted.
In addition, many people assume that their case will simply go away if they ignore it or don’t show up for court dates. This is also an incorrect assumption! Failure to appear in court can result in additional criminal charges and warrants for your arrest.
It’s important to take any DUI charge seriously and seek legal advice from an experienced Greenville DUI lawyer as soon as possible. They can help guide you through the legal process and ensure your rights are protected every step of the way.
Call an Experienced Greenville DUI Lawyer!
If you have been arrested for DUI in South Carolina, it is important to understand the severe penalties and consequences that come with a conviction. It is also crucial to avoid making common mistakes after a DUI arrest that could harm your case.
To give yourself the best chance of avoiding or reducing DUI charges it’s highly recommended that you talk to an experienced Greenville DUI lawyer as soon as possible.
A skilled attorney who has handled many cases like yours can help protect your rights, build a strong defense strategy and fight aggressively on your behalf both inside and outside courtrooms.
Don’t let one mistake ruin your future. Contact the Bateman Law Firm as soon as possible after your DUI arrest: 864-406-3004!