Facing a DUI arrest can be confusing and overwhelming. In a moment filled with uncertainty, it’s important to remember that there are clear steps to take to protect your rights and prepare for what comes next. Understanding the right steps to take after a DUI arrest can help maintain a sense of control and support a fair process from the start.
If a DUI arrest has occurred, contact Joye, Nappier, Risher, & Hardin LLC through our online contact form or call (843) 203-0637 to speak with a Murrells Inlet criminal defense attorney who can help guide you through your next steps.
Understanding What a DUI Means
A DUI, short for “driving under the influence,” means operating a vehicle while alcohol or drugs affect a person’s ability to drive safely. In South Carolina, a person may be charged with a DUI if their blood alcohol concentration (BAC) is 0.08% or higher, or if law enforcement believes impairment is affecting their ability to drive safely. Even a first-time charge carries serious consequences, including fines, license suspension, or even possible jail time.
Stay Calm and Cooperative During the Arrest
The first few moments after a DUI stop are critical. Remaining calm can influence the outcome of your interaction with law enforcement. Avoid arguing, resisting, or admitting guilt. Provide your license, registration, and insurance information as requested, and follow lawful instructions respectfully.
If you are asked to perform field sobriety tests or take a breath test, understand that you have rights, but refusing a breath test may lead to an automatic license suspension under South Carolina’s implied consent law. It’s best to consult a Murrells Inlet criminal defense attorney as soon as possible to understand the implications of your decision.
Record Key Details After the Arrest
Once you are released, write down everything you can remember about the arrest. These details can play a vital role in building your defense. Include information such as:
- The time, location, and reason for the traffic stop.
- The officer’s statements and behavior.
- Whether field sobriety or breath tests were conducted, and how they were administered.
- Any witnesses present at the scene.
Preserving this information while it’s fresh in your memory can help your attorney identify any procedural errors or potential violations of your rights.
Request a Hearing to Protect Your License
A DUI arrest in South Carolina can trigger both criminal and administrative processes. The administrative process concerns your driver’s license and begins immediately after the arrest. If you refused or failed a breath test, you have only 30 days to request an administrative hearing to challenge the suspension of your license.
Failing to request this hearing in time may result in an automatic suspension, even before your court case is resolved. Acting quickly and consulting with an attorney can help you preserve your driving privileges while your case moves forward.
Contact a Murrells Inlet Criminal Defense Attorney
A DUI charge is a legal matter that should not be handled alone. An experienced attorney can review your case, identify weaknesses in the prosecution’s evidence, and represent your interests in court. Beyond the legal knowledge, having an attorney also provides support during an uncertain time, ensuring that you fully understand your rights and options at every stage.
Understand the Potential Consequences of a DUI Conviction
In South Carolina, DUI penalties depend on the circumstances, including BAC level, prior offenses, and whether an accident or injury occurred. Common penalties include fines, license suspension, mandatory alcohol education programs, and potential jail time.
Here are some examples of how penalties can increase:
- First Offense: Fines up to $400 and possible jail time of 48 hours to 30 days.
- Second Offense: Increased fines, a longer license suspension, and mandatory ignition interlock installation.
- Third or Subsequent Offenses: Harsher penalties, including extended imprisonment and permanent license revocation in some cases.
While these consequences are serious, there are often legal defenses available depending on how the arrest was handled and the evidence presented.
Gather and Preserve Evidence
In addition to your own notes, preserving any available evidence can strengthen your case. This includes photographs, witness contact information, or receipts showing your activities before the arrest. If your vehicle was towed, document where it was taken and collect any personal belongings as soon as possible.
An attorney may also request access to police body camera footage or breath test records to verify that all procedures were properly followed. These materials can reveal inconsistencies or technical issues that may affect the validity of the arrest.
Attend All Court Dates and Follow Legal Instructions
After a DUI arrest, the court process may take several weeks or months. It’s important to attend all scheduled hearings and follow any court orders, such as completing alcohol education programs or community service. Missing a court date can result in additional penalties or a warrant for your arrest.
Your attorney will help you stay informed about upcoming deadlines and prepare for each stage of the process. Consistent communication ensures that you’re always aware of what to expect next.
Take Steps Toward Recovery and Reflection
A DUI arrest can be a wake-up call that encourages reflection and growth. Participating in voluntary counseling, community programs, or safe driving courses can not only help personally but may also demonstrate responsibility during legal proceedings. Showing a genuine commitment to making positive changes can influence how your case is viewed in court.
Learn from the Experience
Regardless of the outcome, understanding what led to the arrest can help prevent future issues. Avoiding impaired driving, planning alternative transportation, and being aware of South Carolina’s DUI laws are proactive steps toward safer decisions moving forward.
Contact a Murrells Inlet Criminal Defense Attorney for DUI Representation
Facing a DUI charge can be intimidating, but taking the right steps early can make a significant difference in how your case unfolds. The legal team at Joye, Nappier, Risher, & Hardin LLC is ready to provide guidance and representation to protect your rights and help you move forward with clarity and confidence. For more information or to arrange a consultation, reach out through our online contact form or call (843) 203-0637.