The term “DUI” means driving under the influence. You will note that the term doesn’t include the word “drinking.” This is because you are considered under the influence if you have been drinking or if you have been using drugs like marijuana. If you are charged with a DUI due to marijuana use, you need a DUI for marijuana lawyer from Whalen Montalvo to protect your rights.
At Whalen Montalvo, our marijuana DUI lawyers follow two principles to get results:
A DUI defense is challenging because the state usually gets the benefit of the doubt when charges are filed. This doesn’t stop attorneys James Whalen and Eric Montalvo.
The attorneys at Whalen Montalvo carefully monitor the caseload in order to provide complete attention to each case and examine every possible approach before acting. This prudence has helped countless clients avoid jail time and keep their licenses after getting charged with DUI.
Getting positive results in criminal defense cases requires exceptional advocacy and attention to the unique needs of each client. The marijuana DUI attorneys at Whalen Montalvo exhibit those qualities.
South Carolina’s impaired driving laws are primarily written with drunk driving in mind. These codes mostly reference things like blood alcohol concentration (BAC) and open containers. However, these laws also apply to drug use. Specifically, it is illegal to drive while under the influence of any substance that causes your faculties to drive to be materially and appreciably impaired. What does this mean for people charged with marijuana DUI?
Primarily, it means that the testimony of the arresting officer is given significant weight if the case goes to trial. Their opinion about your mental and physical state will usually be the primary evidence if the case goes to trial. Marijuana DUI attorneys need to challenge the accuracy of that opinion, either at trial or before the trial begins.
Were you arrested for a DUI in South Carolina due to alleged drug use? Don’t wait to talk to a DUI for marijuana attorney. Contact Whalen Montalvo at (864) 770-7710 as soon as possible.
Understanding the law and how it affects your case will significantly assist with your defense. At Whalen Montalvo, we know the importance of being informed before making legal decisions. To that end, we try to answer your questions before you even contact our law firm. The following are common questions our attorneys get from people facing marijuana DUI charges.
Is a marijuana DUI a felony or a misdemeanor?
This depends on the circumstances of your case. Typically, first-offense DUIs are charged as misdemeanors unless the driver causes great bodily injury or the death of another party. That upgrades the DUI charge to a felony.
Will I lose my license if I am convicted of a marijuana DUI?
Yes. That is why our law firm will try to get your charges dismissed or reduced whenever possible. This may require you to plead guilty to a lesser charge, but that is preferable to losing your license for six months or longer.
Do I have to take a blood or breath test if the arresting police officer suspects me of driving under the influence?
Yes and no. Implied consent laws require you to take a blood or breath test in that situation. You can refuse; however, if you refuse, your license will be suspended, even if you are not convicted of a DUI.
When should I contact a lawyer after being arrested for a DUI in South Carolina?
The best time to contact Whalen Montalvo is as soon as possible after your arrest. The sooner we learn about your case, the more quickly we can act to protect your rights. Even small delays in talking to a lawyer can make your case difficult to win.
If you have any more questions, please ask them during your initial consultation.
The consequences of a DUI are quite serious in South Carolina. If you want to avoid jail time and keep your license, you should contact a criminal defense lawyer immediately.
Whalen Montalvo is here to help. Contact our law firm today at (864) 770-7710 to consult with a lawyer who cares.
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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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.