South Carolina has stiff penalties for those convicted of driving under the influence (DUI). A criminal conviction for DUI can hurt all aspects of your life.
A strong DUI defense is necessary, regardless of whether it is a first-time charge or you are a multiple-time offender. If you were arrested for DUI, contact a South Carolina DUI attorney as soon as possible.
Everyone knows that drinking and driving is dangerous. However, many drivers risk getting behind the wheel instead of calling a friend or using a rideshare app.
Taking that risk increases a driver’s chances of potentially harming themselves or others. The penalties are harsh, expensive, and life-altering if caught and convicted.
As of May 2024, a new DUI law has come into effect. The “All Offender Law,” mandates that all DUI offenders, regardless of their Blood Alcohol Content, participate in the Ignition Interlock Device (I.I.D) Program. This program requires the installation of a Breath Alcohol Ignition Interlock Device in any vehicle driven by the offender to ensure they cannot drive after consuming alcohol. The ignition interlock system requires drivers to blow into a device to start their vehicle, with a camera ensuring the correct person is using it.
Police lights and sirens are the last thing you want to see following a night out with friends. Whether it follows a wedding celebration or a drink after work, drinking and driving is illegal and dangerous.
A DUI arrest places you at risk of a criminal record. If convicted, first-time DUI defenders face the following penalties:
Imprisonment may come as a separate penalty or an additional penalty to the fine. Criminal charges are often confusing to those unfamiliar with the legal process. Understanding the penalties you face from your DUI is critical before moving forward with your case.
A South Carolina DUI attorney can review your charges and provide you with information regarding your legal options. One experienced with DUI laws can help guide you through this uncertain and worrisome time.
If you are a multiple-time offender, you face stiffer penalties upon conviction. South Carolina courts do not take lightly those who repeat dangerous behavior.
For example, the penalties for a second-time DUI offender include:
All three penalties can gravely affect life as you know it now and your future. Never assume that a second DUI charge will result in a similar outcome to your first case.
A third DUI arrest compounds your criminal history and places you at risk for more severe consequences. South Carolina penalties for third DUI conviction are:
Multiple DUI offenses can result in lengthy Imprisonment and permanent revocation of your driver’s license. Prior DUI convictions can significantly affect the outcome of your most recent charges.
Whether your offense is your first, second, third, or fourth, you need a South Carolina DUI attorney. Managing your DUI defense alone is too risky in criminal court.
A DUI is a felony in South Carolina when a crash involves extreme outcomes or factors. A felony conviction remains on your criminal record indefinitely.
One or more of the three following outcomes or factors can contribute to a felony DUI charge:
A felony DUI is a serious and complex matter. The best way to protect your interests is to hire a South Carolina DUI attorney familiar with state laws and penalties. Court dates approach quickly, so contact an attorney today to discuss your DUI felony charges.
A DUI is a serious criminal charge. The outcome of your case can affect your life forever. Take charge of your DUI defense by contacting Whalen Montalvo Attorneys at Law today.
What does implied consent mean in a DUI case?
Any licensed driver is considered to have given consent for testing of breath, blood, or urine for determining the presence of alcohol and/or drugs in the driver’s system. Implied consent applies when the driver is alleged to have committed a violation. Refusal of such testing can negatively impact your defense.
How does a DUI charge affect my auto insurance?
Drivers convicted of DUI must pay to reinstate their license after the required suspension. They must also carry SR22 coverage on their vehicle – a costly policy that covers high-risk drivers.
Can a DUI charge be reduced to a lesser charge?
Whether your attorney can advocate for a reduced charge depends upon the details of your DUI arrest. Contacting a South Carolina DUI attorney soon after your arrest allows your attorney much-needed time to review your case.
What does zero tolerance mean under South Carolina DUI law?
The zero tolerance law applies to a person under 21 who drives with a BAC above 0.02%. The possible penalties include license suspension for three to six months and can negatively affect college and job applications.
A DUI charge can leave you with more questions than answers. Contact a South Carolina DUI attorney today to get answers to your DUI questions. A free consultation can help you learn more about your options and possible next steps.
A DUI arrest does not make you a bad person. At Whalen Montalvo Attorneys at Law, our job is not to judge but to defend those accused of a crime.
Attorney James Whalen has experience working on a National Highway Transportation Safety Administration (NHTSA) grant. This valuable work, completed during his time with the 13th Circuit Solicitor’s Office, provided him with critical legal experience for cases involving DUI charges. A South Carolina native, James helps those who need a strong defense strategy and a calming force by their side.
Attorney Eric Montalvo is a United States Marine Corps veteran with military leadership and judge advocate experience. His legal and military expertise provides a strong foundation for his work with DUI clients. He is proud to call South Carolina home and feels honored to help clients who need a skilled and caring attorney.
If you were recently arrested and charged with DUI, contact Whalen Montalvo Attorneys at Law as soon as possible. It is critical that your attorney begins work on your defense without delay.
At Whalen Montalvo Attorneys at Law, we use our experience to help you. We review evidence related to your traffic stop and subsequent arrest.
As DUI attorneys, we look for the following:
Proof of impairment is a core factor in building your DUI defense. When necessary, we negotiate with prosecutors for reduced charges. Your attorney will work with you to learn about your arrest and any prior convictions you may have. They will also stand by you in court.
Our goal is to secure the most favorable outcome for our DUI clients. Do not fight your DUI charge alone — get help from Whalen Montalvo Attorneys at Law today.
There is no place on South Carolina roadways for intoxicated drivers. However, if you were charged with DUI, you have a right to defend yourself against the charges.
Traffic stops are complex actions taken by law enforcement to keep drivers safe. There are multiple factors during such a stop that may help your defense. As South Carolina DUI attorneys, James Whalen and Eric Montalvo know what to look for when reviewing arrest documents and videos. They apply their experience and skills to prepare the best defense possible for you.
If you or an underaged loved one faces severe DUI penalties, you do not have to manage your case alone. Contact Whalen Montalvo Attorneys at Law for a free consultation. Call (864) 770-7710 to speak with a member of our friendly team today.
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.