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Do I Need a Lawyer for My First DUI?

By Attorney James Whalen | Published on July 5, 2024

The gravity of DUI can’t be understated. DUIs are punished harshly, even if you are lucky enough to suffer only the minimum penalties, which include spending a short time in jail, paying a large fine, and losing your license for several months. Understanding South Carolina laws and DUI penalties could mean the difference between DUI charges’ ruining your life or being a relatively minor inconvenience. It’s important to take these charges seriously, and there are many benefits of hiring a lawyer for a first DUI.

Understanding South Carolina Laws and DUI Penalties

South Carolina takes a stern stance on DUI charges. According to South Carolina law, if you are convicted of a DUI, you will face the following penalties (based on how many previous offenses you have):

  • First-Offense DUI: 48 hours to 30 days in jail, fines, and a six-month license suspension
  • Second-Offense DUI: Five days to one year in jail, fines, and a one-year license suspension
  • Third-Offense DUI: 60 days to three years in prison, fines, and a two-year license suspension
  • Fourth-Offense DUI and Beyond: One year to five years in prison and permanent revocation of your license.

The penalties are even more severe if you get into a car accident due to drunk driving.

Were you charged with drunk driving in South Carolina? Even if it is your first time being charged, you should take this charge seriously. Contact Whalen Montalvo at (864) 770-7710 to discuss your case with a criminal defense attorney.

Benefits of Hiring a Lawyer for a First DUI

The criminal justice system is complex. Even if you did nothing wrong, you could get convicted of a crime if you don’t properly defend yourself within the system. By hiring a lawyer, you get the skills of someone who has spent years, if not decades, of their life learning how to navigate that system. An experienced DUI lawyer knows how to challenge a DUI in and out of court. They will examine the conduct of the police officers who arrested you. They will also investigate the testing method used to determine your BAC and any other circumstances that might be relevant to your case.

Furthermore, a local DUI attorney typically has contacts within the prosecutor’s office. They have previously negotiated plea deals and have the leverage to negotiate more. For a first-time DUI, your lawyer can probably get you probation and may even be able to negotiate lesser charges or penalties.

Attorneys have at least seven years of education and often quite a bit more in the field. Take advantage of that experience.

Can I Represent Myself? (The Risks)

You have the right to represent yourself in court. However, this is a right that you should rarely invoke, even if you have legal training. It is even worse if you don’t. Without legal training, you are risking the maximum sentence for a first-time DUI (30 days in jail) and a six-month license suspension. This is a life-altering sentence that will likely cost you your job and maybe your home. Additionally, when people unfamiliar with the law defend themselves, they are likely to run afoul of nuances like implied consent laws, with no idea of how to challenge them.

When to Consult a Lawyer (Even if Unsure)

The best time to consult with a lawyer is as soon as possible after getting arrested. In the worst-case scenario, you will decide not to hire an attorney. Maybe the prosecutor is offering you a sweetheart deal, or the charges aren’t as serious as you originally expected. In a situation like this, you might be safe proceeding without a lawyer. But you should, at a minimum, discuss your situation with an attorney to be certain that going it alone is the right choice. If it isn’t the right choice, the sooner you are represented by a lawyer, the sooner they can start working to protect your rights and get you a fair case result.

Contact Whalen Montalvo for Your First DUI Immediately

Don’t wait after getting arrested. Take the arrest seriously and consult with a lawyer as soon as possible.

The attorneys at Whalen Montalvo understand the importance of taking a DUI seriously. Contact our law firm at (864) 770-7710 to schedule a consultation today.

James M. Whalen

I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.

I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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