DUI arrest in South Carolina? You don’t have time to wait. You need an experienced South Carolina DUI Attorney & professional help. Call 864-325-5093 For a Free Consult!
What to Do After Your Arrest
At jail you will be given an initial court date. This is a bench trial, and is usually within 1-2 months. At a bench trial, it is the Judge, Officer, and yourself. If you do nothing, this is YOUR TRIAL. The Prosecution loves bench trials and the vast majority end in convictions.
How DUI Attorney John Crangle Can Help
Crangle Law Firm LLC reschedules your initial court date. We review the evidence in your case. As an experienced DUI Attorney, John reviews:
In-Car and Body Cam Videos of DUI stop and arrest, In-Car and Body Cam of Standardized Field Sobriety Tests, Datamaster Breathalyser Video from the Jail , Datamaster Maintenance & Service Records, Officer’s incident report, Officer’s radio call-log, Dispatch Log, Driving Record, Criminal History, Your Medical History, Other Evidence showing your Innocence
Criminal Penalties for DUI in South Carolina: Why you need a DUI Attorney
In South Carolina, DUI penalties vary based on the Blood Alcohol Concentration (BAC) and the number of DUI convictions a person has. The DUI convictions must be within the last 10-years and out-of-state DUI convictions are counted.
|1st Offense||2nd Offense||3rd Offense||4th Offense|
|Jail||48 hours – 90 Days||5 days – 3 years||60 days – 5 years||1 year – 7 years|
|Fine||$400 – $1092||$2100 – $6500||$3800 – $10,000||$3800 – $10,000|
South Carolina Driver’sLicense Suspension for DUI/DUAC Conviction
If you are convicted of DUI/DUAC your License will be suspended. Suspensions vary based on the Blood Alcohol Concentration (BAC) and the number of convictions a person has. The convictions must be within the last 10-years and out-of-state convictions are counted.
|1st Offense||2nd Offense||3rd Offense||4th Offense|
|Suspension Length||6 Months||2 years||4 years||4 years|
How do I get my Driver’s License Back, after a DUI Arrest in South Carolina?
If you Refused to give a breath sample or Registered a .015 or greater, South Carolina’s Implied Consent law requires that your license be suspended. The officer will take your license at the jail.
Crangle Law Firm LLC can help get your license back, after arrest: usually in 1-week. We file for a Contested Case Hearing (CCH) with the Department of Motor Vehicle Hearings. Your Contested Case Hearing is within 2-3 months of your arrest. While you wait for your CCH, we will help you obtain a Temporary Alcohol License that will permit you to drive unrestricted within the South Carolina.
If we win your CCH, you are back on your regular DL.
Please remember, that this is a civil suspension that is separate from a CRIMINAL conviction for DUI/DUAC. These suspensions are independent: you can win the CCH, lose the DUI. You can lose the CCH, win the DUI. You can lose both and win both.
I blew in the Datamaster Breathalyzer? Have I already Lost?
A Datamaster Breathalyzer test is merely an indication of impairment. We regularly challenge the breath-test’s admissibility for DUI cases based on legal issues, maintenance issues, & administrative issues.
Crangle Law Firm LLC has suppressed BA readings from .09 – .31 based on errors in the Datamaster Breathalyzer process.
I did the Field Sobriety Tests. Did I lose?
The Standardized Field Sobriety Tests are merely indicators of impairment. We regularly challenge the admissibility of these tests based on legal issues and improper administration of the tests.
A common mistake we see, is that officers vary the test. The key phrase is SFSTS is STANDARDIZED. If I give 3 different tests to 3 different people, I’ll get 3 different results.
What are the DUI Standardized Field Sobriety Tests in South Carolina?
There are 3 standardized field sobriety tests: (1) Horizontal Gaze and Nystagmus, (2) Walk & Turn, (3) One Leg Stand
Experienced DUI Attorney John Crangle knows how to administer the tests and what each clue looks like. During his training, he personally administered the SFSTs on 3 individuals with breath alcohol concentrations of .04, .09, and .12. He knows the differences in results.
John knows the common issues and mistakes officers make administering the test, that lead to inaccurate results and false positives.
Horizontal Gaze & Nystagmus (HGN)
The HGN is known as the “eye test.” The officers move an object in front of a persons face. The officers are looking for a nystagmus. A nystagmus is the involuntary jerking of the eye. This jerking is caused when the blood vessels constrict upon consumption of alcohol. When the blood vessels constrict the small muscles weaken and jerk to move the eyeball.
There are 6 clues for the HGN: 3 for each eye x 2 eyes = 6.
The clues are Lack of Smooth Pursuit, Distinct and sustained nystagmus at max deviation, Onset of nystagmus prior to 45 degrees
Walk & Turn
The Walk and Turn is a divided attention Standardized Field Sobriety Test. This test has 8 clues. Demonstrating 2 or more clues, is a failure on the test. During the instruction phase, the officer will give you 15 – 20 independent instructions. A missing instruction or incorrect instruction may disrupt the entire test result.
Crangle Law Firm is experienced in challenging the admission of these tests and has suppressed inaccurate Walk and Turn Test results.
One Leg Stand
The one leg stand is also a divided attention test. This test has 4 clues and demonstrating 2 or more clues is a failure on the test. Again, John Crangle is experienced and has successfully challenged the results of an improper One Leg Stand test.