DUI
Have you been arrested for DUI? Please do not ASSUME you are guilty. Only ASSUME that you have rights and you will need a DUI Lawyer. Especially after the recent implementation of “Emma’s Law” in October or 2014.
Please understand that if you plead guilty to a DUI charge without the advice of a lawyer, it can have long-lasting personal and professional consequences including:
- your ability to maintain your current as well as obtain future employment,
- the expense of SR-22 insurance,
- possible jail or prison time,
- hefty fines (which usually double when you add court costs), &
- loss of your driver’s license.
- The mandatory installation of an ignition interlock device as explained in my article about Emma’s law.
How to Fight Your DUI Arrest
During our complimentary case evaluation, we’ll help you decide whether to plead guilty or not guilty – and inform you if your DUI charge or penalties could be reduced. If retained to provide your DUI defense, DUI Defense Lawyer Bubba Cromer will put his 27 years’ experience to work for you.
Preparing a DUI Defense
Was your DUI arrest legal?
DUI defense attorney Bubba Cromer will study the facts of your arrest and challenge it, if there were ANY mistakes. Did you know that:
- South Carolina law dictates that the police officer’s video camera must begin videotaping as soon as the officer turns the blue lights on?
- Prior to administering the breathalyzer test the officer must have read and provided the implied consent notice, stating the consequences of a refusal to submit to a blood test, urine test, or breath test? (Learn more about challenging a breathalyzer test)
- Roadside or field sobriety tests (FST) must have been properly administered for the result to be used in court? Mistakes with FSTs are widespread and commonly challenged.
Under DUI Law: Guilt Must Be Proven
Bubba Cromer DUI Lawyer will comb through all these details to determine the strength or weakness of the case against you.
- Did you know that the prosecution must prove that there was a reason, known as reasonable suspicion, for the officer to pull you over? ( For example, the officer saw you driving recklessly, speeding or swerving over the double yellow line, running a stop sign or traffic light, etc.)
- Did you know that the prosecution must prove that you were actually driving?
- Did you know that the prosecution must also prove that you were literally on the road?
- Did you also know. most importantly, that the prosecution must establish that you were materially and appreciably impaired.?
While some statutes are more easily determined than others, the most vital question appears to be whether the defendant was materially and appreciably impaired. This issue is at the core of the argument and presents the biggest challenge in dealing with the DUI statute.
Consequences of a DUI Arrest in South Carolina
Consequences associated with a driving under the influence conviction are determined by:
- the charge of a first DUI, second DUI, third DUI, or subsequent offense;
- your blood alcohol level (the higher your BAC, the stiffer the penalties);
- your agreement or refusal to take a chemical test, such as a breathalyzer (if you
- refuse, you will lose your license for 6 months, unless you request an
- administrative suspension hearing;
- minors being in your vehicle; and
- your involvement in a DUI accident.
- Remember Emma’s Law is brand new and requires ignition interlock devices now, so be sure to read my article on this major change in South Carolina DUI law!
NOTE: Bubba Cromer, DUI defense lawyer, has worked in the Solicitor’s office as well as served on the House Judiciary Committee, whose job it was to address many of the drug laws on the books today. Contact him today if you have been arrested.
Actual DUI penalties, based on the factors above, include:
- A suspended or restricted license
- Mandatory jail time or imprisonment
- Ignition interlock device
- SR-22 insurance
- Fines ranging from $400 to $10,000
- Community service
- Felony conviction
- Alcohol and Drug Safety Action Program (ADSAP)
- Remember Emma’s Law is brand new and requires ignition interlock devices now, so be sure to read my article on this major change in South Carolina DUI law!
Cases Bubba Cromer DUI Lawyer regularly handles include:
Not sure if your situation falls into one of these categories? Call Bubba Cromer ASAP for a consultation.