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Whalen Montalvo

2nd DUI Lawyer

One DUI is bad. Two DUIs are worse. However, if you are facing a 2nd DUI, lawyers can provide effective representation to help secure an optimal resolution to your charges. Without a lawyer, you face the full extent of criminal law, which punishes repeat offenders more harshly than a first-time defendant.

Why Choose Us?

For Our Results

If you’re looking for a law firm with proven defense results, you are looking for Whalen Montalvo. If you are dealing with a 2nd DUI offense, DUI attorneys will approach your case with meticulous planning and aggressive strategies. Your future is worth our every professional effort.

Don’t let a second DUI charge determine your future. If you are looking at a 2nd DUI, lawyers at Whalen Montalvo can put up a fight for your future.

If you are facing a 2nd DUI offense, lawyers at Whalen Montalvo are ready to listen and potentially provide you with a robust defense against your charge. Call (864) 770-7710 today. Don’t delay. 

Understanding South Carolina’s DUI Laws

South Carolina DUI laws are based on impairment and blood alcohol content (BAC). The state may choose to charge alleged offenders with a violation of either. A charge of impairment while driving requires the state to prove that your driving was impaired because of a substance, which may or may not be alcohol. Prescription drugs, for example, can sustain a charge of DUI in South Carolina.

Driving with BAC over .08% (.02% for those under 21) is also a crime. Proof of guilt must be established through the use of the DataMaster DMT breathalyzer or a blood test.

As South Carolina is an implied consent state, drivers can be penalized for failing to consent to a breath, blood, or urine test to determine whether alcohol or drugs are present.

Consequences of a Second DUI Conviction

A 2nd DUI offense occurs if you are charged within 10 years of your previous DUI. As you might imagine, penalties for a 2nd DUI are much harsher in every aspect:

  • Jail time is increased to between 5 days and three years in jail, depending on BAC.
  • Fines can increase but depend on the level of BAC or if refused.
  • License suspension also increases to one year.

In addition to fines, you will also be ordered to pay assessments, court costs, and other fees, which will run up your total bill as a second-time offender. Finally, an ignition interlock device may be installed on your vehicle when you are able to drive again.

At Whalen Montalvo, DUI clients receive the highest quality defense against the charges they must face.

FAQs

Read through the following questions about 2nd DUIs in South Carolina, and please call our office with more questions.

What is the statute of limitations for DUI cases

Unlike most other states, South Carolina does not have a statute of limitations for DUI cases or any other crimes. What this means is that a prosecutor can technically bring charges years or decades after a crime.

However, DUI cases typically require fresh breathalyzer or chemical test evidence and timely action for a conviction. As such, it is unlikely for A DUI case to be brought years after an incident.

Can I have DUIs expunged from my record?

Unfortunately, the answer is no. South Carolina Law does not permit DUI crimes or records to be expunged from a person’s driving or criminal history. Even in the case of an acquittal, the records of the DUI, including the arrest record, remain in the defendant’s permanent file.

Do I really need a DUI attorney to represent me?

Yes. With such high stakes as are involved in DUI cases, defendants need an advocate who can effectively take on the state and obtain optimal resolutions. When facing a second DUI, attorney representation may be your only chance to avoid the harshest outcomes typically given in second DUI cases.

How much do 2nd offense DUI lawyers charge?

With a second DUI, attorneys can charge by the hour or charge a flat rate. Typically, they use a flat rate over hourly billing. The amount billed depends on the specific circumstances of your case and, often, the experience of your second-offense DUI lawyer.

We’ve got the answers you’re looking for. Call our office to speak with experienced 2nd DUI lawyers and learn how we can help.

Meet With a 2nd DUI Offense Lawyer From Whalen Montalvo

Let Us Protect Your Life and Livelihood

A second DUI means more trouble, but only if you are convicted. With a strong defense, you can get your charges dropped or reduced and avoid the consequences of a second DUI.

If you have been arrested or charged with a 2nd DUI, the stakes are high, and you need a robust defense from an experienced DUI defense lawyer. Call Whalen Montalvo at (864) 770-7710 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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Contact Our Attorneys

Get the best legal representation possible. Give the Greenville, SC attorneys at Whalen Montalvo a call today at (864) 770-7710 or use our online form.