Defending You From DUI Charges In Charleston
Just because you have been charged with driving under the influence (DUI) in Charleston, does not mean you are facing a hopeless case. An experienced Charleston DUI ATTORNEY can take measures to fight the charges and reach the best possible resolution to the matter, from first offenses to felony DUI charges to underage DUIs.
Sahn Law Firm – Attorneys at Law in Charleston, South Carolina, is here to defend against your DUI charge. As a former top DUI prosecutor, I know exactly where to look in each step of the prosecution’s case, from the blood tests and field sobriety tests to the videos and documentation of the stop.
DUI prosecutions almost always rely upon questionable evidence. Error and contamination plague the process of testing, including Breathalyzer and blood-alcohol testing. Poorly trained and overzealous police officers write reports that exaggerate a suspect’s “appearance of impairment.” Assumptions are made and acted upon by police officers, causing exhaustion, nervousness, and intimidation that may be mistaken for impairment.
The alleged “science” behind “impairment recognition” is nothing more than pseudoscience, and oftentimes junk science. It can lead to the wrongful arrest, prosecution, and conviction of a person who was not driving under the influence of drugs or alcohol.
As your lawyer, I will carefully evaluate the nature of the stop as well as the details of the tests used to evaluate your level of intoxication. Mistakes are often made, and I will find them.
Were You Impaired?
In South Carolina, it is not against the law to have a drink and then drive. It is only against the law to drive while you were “materially” and “appreciably” impaired. If you were arrested for drunk driving in South Carolina, do not plead guilty until you know all the facts and possible defenses
Contact Sahn Law Firm – Attorneys at Law for a free consultation, as I am a highly-skilled Charleston DUI defense attorney. We will inform you of your rights relating to driving under the influence charge and what possible resolutions we can obtain for you.
Learn more about DUI charges:
- How Is A DUI Defined In South Carolina?
- Does The South Carolina DUI Law Apply To Drugs?
- What Are The Consequences For A Breath Or Blood Test Refusal?
- What Is The Difference Between An Alcohol-Related And A Drug-Related DUI?
- What Are The Penalties For DUI In South Carolina?
- What Are The Penalties For A DUI Conviction?
- In A DUI Arrest, Will I Be Able to To Drive When Leaving Jail?
It is important to remember that South Carolina DUI law states that anyone who has a blood alcohol level (BAC) of .08% or higher while operating a motor vehicle can be arrested and charged with driving under the influence of alcohol or drugs. If a police officer pulls over an individual on suspicion of driving under the influence, he or she does not need to necessarily show signs of impairment. A chemical test that shows a BAC of .08% or higher is enough to charge and arrest them. Moreover, if a person is stopped for showing signs of impairment while operating a motor vehicle, they could still be charged and arrested for a DUI if their BAC is lower than the legal limit of .08%.
If you are arrested for a DUI, it is expedient to contact a Charleston, SC DUI defense attorney right away. Many times, DUI charges are erroneous, and it is your right to seek counsel to help protect your rights. Your Charleston, SC DUI defense attorney can help you get your charges dropped or significantly reduced, especially if it’s a first- time offense.
In South Carolina, when an individual gets stopped and pulled over by a police officer who suspects them of driving under the influence, that officer is already starting to build a case against that person. If the officer determines or establishes reasonable grounds that the person he or she stopped is under the influence, the officer will then request that the person perform a field sobriety test. It is important to note that it is not required by law in South Carolina to perform the field sobriety tests. An officer cannot force a person to submit to these tests, and you can politely refuse. If you are facing DUI charges, it is vital to contact a Charleston, SC DUI defense attorney as soon as possible.
If a person refuses to perform a field sobriety test, the police officer will then request that he or she submit a chemical test. Unlike field sobriety tests, a chemical test is required by the state of South Carolina through the South Carolina Implied Consent Law. The implied consent law states that a driver who operates a vehicle in the state “is considered to have given consent to chemical tests of the persons’ breath, blood, or urine.” If the driver refuses to submit a chemical test, the officer will inform the driver of the penalties associated with refusing the test. The officer will then proceed to ask the driver a second time to submit a chemical test. A driver who refuses the chemical test at that point will get his or her driver’s license suspended for a minimum of six months.
Once arrested for DUI, the driver’s license will be confiscated by the police officer and given a Notice of Suspension. The notice informs the driver that he or she has the right to an administrative hearing and to acquire a temporary license. A DUI should not be handled alone. It is imperative to talk to a Charleston, SC DUI defense attorney to discuss your options and rights.
Contact Us For A Free Initial Consultation
The consequences of a DUI conviction are severe and can be life-changing. I will do everything in my power to ensure that you do not suffer the full brunt of the charges.
To arrange a free initial consultation, please contact Michael C. Sahn, South Carolina DUI Attorney, today at (843) 856-2222.