UPSTATE DUI LAWYER
A driving under the influence (DUI) charge is one of the most serious allegations a driver can face in South Carolina. The consequences of a DUI conviction include hefty fines, community service hours, a suspended license, jail time, and even a felony charge, depending on the circumstances. It is critical to have a qualified DUI lawyer, like John Crangle, by your side who thoroughly understands these issues and is always aware of the frequently changing DUI laws.
CALL 864-325-5093 FOR YOUR FREE CONSULT
DUI cases have become unnecessarily complex in South Carolina. DUI law is constantly changing, with tougher statutes being passed almost every year and new appellate court decisions being handed down continuously. Most prosecutors say it’s easier to try a murder case than a DUI. There are many technicalities that can be challenged at every step of a DUI investigation – from the stop all the way up to your release from jail.
DUI Lawyer John Crangle Fights DUI Arrests. John Crangle has represented over 1000+ clients. Crangle Law Firm LLC helps you keep your license and fight the arrest.
WHAT TO DO AFTER YOUR ARREST
At the jail, your initial court date is set. 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 quick bench trials and the vast majority end in convictions.
GETTING YOUR LICENSE BACK AFTER A DUI ARREST
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.
WHY FIGHT A DUI IN SOUTH CAROLINA?
Although it’s not a good idea, it is not illegal to drink and drive in South Carolina. Just because you are arrested does not mean that you are guilty. To be illegal, must be materially and appreciably impaired. If you believe there are issues with your DUI charge and you don’t want a DUI conviction on your record, contact an Upstate DUI Lawyer experienced in DUI charges and fight back – even if you’re unsure.
There are many reasons to fight a DUI – not the least of which is to keep your clean driving record – so speak with a Greenville DUI attorney as soon as possible after an arrest. We can help get your license back within 1-week.
South Carolina DUI penalties mean business. Based on your driving record, driver’s license type, and level of punishment, the penalties you face can be enormous. A DUI conviction will follow you for the rest of your life; threatening your future and making it difficult to secure a job.
DUI LAWYER JOHN CRANGLE’S PROCESS
Trial attorney John Crangle at Crangle Law Firm is not in the habit of automatically recommending a guilty plea. Some attorneys are. While guilty pleas can move faster through court systems, they can have permanent consequences and harsh penalties.
Instead, we’ll work with you to execute a strong defense strategy – often circumventing BAC level evidence completely. So, even if your BAC is double digits, you still have a chance. Breath test results are routinely defeated and this does not make you guilty just because a machine said so.
Crangle Law Firm carefully reviews every piece of evidence in your case to determine if the prosecution met their burden. Some of the items we review are: in-car & bodycam videos that show your driving, in-car and bodycam of your Standardized Field Sobriety Tests, Datamaster Breathalyser Video from the Jail , Datamaster maintenance & service records, the officer’s incident report, the officer’s radio call-log, dispatch log, your driving record, criminal history, medical history, & other evidence showing your innocence.
COMMON DUI DEFENSES
When fighting a DUI charge, remember that you are innocent until proven guilty. To win the State must prove beyond a reasonable doubt that you were driving under the influence. If there is the tiniest bit of one reasonable doubt, the jury must find you not-guilty.
The State must show that all evidence was obtained lawfully; consistent with South Carolina laws, the South Carolina Constitution, and the Constitution of the United States. Any issues with unlawfully obtained evidence can be raised during a pretrial motion to suppress, resulting in the dismissal of your case. With the right Greenville DUI lawyer by your side, you can navigate complex laws and craft a strategy to maximize your chances of having a case dismissed. John Crangle is an aggressive attorney who will help you through every step of your case, including preparing a defense.
There are several common DUI defenses that may be appropriate to use in court depending on the situation surrounding your arrest:
- Illegal Stop of the Vehicle
- Inaccurate Standardized Field Sobriety Test
- Invalid or Non-Standardized Field Sobriety Tests
- Improper Seizure
- Misleading Personal Observations by Officers
- Other Evidence Which Explains Your Behavior
DUI SENTENCING IN SC & WHY YOU NEED A DUI LAWYER
South Carolina DUI penalties are no joke. Based on your driving record, driver’s license type, and level of punishment, the penalties you face can be enormous. A DUI could mean draining your savings account to pay for court costs, serving jail time, and losing your job because you can’t drive. A DUI has lifelong consequences that follow you for the rest of your life, threatening your future and making it difficult to secure a job.
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|
DUI LICENSE SUSPENSION IN SOUTH CAROLINA
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.
CALL 864-325-5093 FOR A FREE CONSULT WITH DUI LAWYER JOHN CRANGLE
I BLEW ABOVE A 0.08. HAVE I ALREADY LOST?
NO. 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. HAVE I ALREADY LOST?
NO. 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. John Crangle is a certified administrator of the NHTSA Standard Field Sobriety Tests. He attended studied the same 24-hour course that all officers learn at the police academy. 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.
STANDARDIZED FIELD SOBRIETY TESTS FOR DUI
There are 3 standardized field sobriety tests: (1) Horizontal Gaze and Nystagmus, (2) Walk & Turn, (3) One Leg Stand. Experienced DUI Lawyer 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, .07, and .09. He knows the small differences in testing leads to big results. John knows the common issues and mistakes officers make administering the test, that lead to inaccurate results and false positives.
Three Standardized Field Sobriety Tests
HORIZONTAL GAZE & NYSTAGMUS: 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 test 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.