CHARGED WITH A DUI IN THE LOWCOUNTRY?
If so, consider a DUI attorney who has dedicated their entire practice to criminal law, including defending people charged with DUI and DUI-related offenses in SC.
Let’s face it: anyone can be charged with a DUI.
You don’t have to be a “criminal” in the traditional sense.
Every day, hardworking, law-abiding citizens get charged for driving under the influence every day.
The problem is, if you’re convicted of a DUI, the potential fines, penalties, jail time, and overall impact it has on your life can be extremely costly.
For example, a conviction could cost you your job, make your auto insurance go up, and cause transportation to and from work a major hassle.
Not to mention, a DUI conviction cannot be expunged!
That’s not an outcome most people are willing to leave to chance, and that’s precisely why people routinely turn to DUI attorney Mitchell Farley.
Mitchell Farley knows that if you are charged with DUI, you are facing cops, prosecutors, and possibly judges and jurors who have extreme opinions about driving under the influence and who sometimes think that any amount of alcohol is too much to drive despite what SC law says. He also knows that law enforcement makes mistakes all the time.
Which is why Mitchell Farley is so passionate about defending people facing DUI charges.
DUI attorney Mitchell Farley will investigate the facts of your case, the Datamaster machine or lab that provided your BAC result, and the officer who made the arrest. We will get your charges dismissed, find an acceptable resolution through pretrial diversion or plea agreement, or try your case to a jury of your peers.
We understand what is at stake for our clients – a DUI conviction will result in a permanent record that cannot be expunged, license suspension, ignition interlock device (IID) requirements, mandatory ADSAP, expensive SR-22 insurance requirements, unreasonable fines, potential prison time, job loss, and an inability to find meaningful employment in many cases.
Although we cannot promise or guarantee results to any client, we will do everything legally and ethically possible to win your case and achieve your goals, whatever they are.
DUI ATTORNEY MITCH FARLEY
HAS THE EXPERIENCE YOU NEED!
First and foremost, criminal defense is what we do, and that’s all we do.
If you are charged with DUI, you need a DUI lawyer with experience and training specific to DUI defense – you don’t want to retain a real estate lawyer or a divorce attorney who only “dabbles” in DUI defense.
Mitchell Farley:
- Was born and raised in South Carolina’s Lowcountry, attended the University of South Carolina School of Law, and the Farley DUI defense law firm is located in Summerville, SC,
- Knows the local courts, police departments, jails, prosecutors, attorneys, and court personnel,
- Knows SC’s DUI laws, represents DUI clients, and regularly attends CLEs and training specific to criminal law, DUI law, and criminal trial practice,
- Has developed an extensive network of resources including membership in the South Carolina Association of Criminal Defense Lawyers (SCACDL) and the National Association of Criminal Defense Lawyers (NACDL),
- Has access to a broad range of experts to assist in your defense when needed including Datamaster machine experts, blood analysis, medical experts, and standardized field sobriety test experts,
- Has access to SLED’s database that contains detailed information on the Datamaster machine you were tested on and Datamaster operator in your case,
- Has represented clients in well over a thousand criminal matters ranging from speeding tickets to different types of DUI offenses to murder charges, and
- Makes client communication a priority – we will answer your questions, return your phone calls, keep you updated, and be there with you at every stage of your case.
WHAT TYPES OF DUI DEFENSE CASES DO WE ACCEPT?
- Driving under the influence (DUI), DUI 2nd offense, 3rd offense, and 4th or subsequent offense,
- Driving with an unlawful alcohol concentration (DUAC), DUAC 2nd offense, 3rd offense, and 4th or subsequent offense,
- Felony DUI resulting in great bodily injury or death,
- Boating under the influence (BUI),
- Flying under the influence (FUI),
- Implied consent/ DUI administrative hearings,
- SC’s “zero tolerance” license suspensions for minors with a BAC of .02 or greater, and
- Other DUI-related offenses like child endangerment, open container, disorderly conduct, breach of peace, public intoxication, or minor in possession of alcohol.
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COMMON QUESTIONS ABOUT DUI CHARGES IN SC
What are the consequences of a driving under the influence (DUI) conviction?
In addition to potential prison sentences and massive fines, a DUI conviction carries many collateral consequences that the prosecutor, officer, and judge often do not tell defendants about when they are trying to get a person to plead guilty.
The potential consequences for a DUI conviction may include:
- Fines,
- Restitution if the incident involved an accident or property damage,
- Prison time including mandatory minimum sentences,
- License suspension,
- ADSAP requirements,
- SR-22 insurance requirements,
- Ignition interlock device (IID) requirements,
- License revocation under SC’s habitual traffic offender laws,
- Job loss and difficulty finding meaningful employment, and
- A criminal record for drunk driving that cannot be expunged.
What is the legal limit for driving under the influence in SC?
When people talk about the “legal limit,” what they are really referring to is SC’s “per se” DUI law, or DUAC (driving with an unlawful alcohol concentration).
DUAC requires proof that the person’s blood alcohol content (BAC) was .08% or greater. It doesn’t matter how drunk the person was or how their BAC affected their ability to drive – the state only needs to prove that the BAC level was at least .08%.
DUI charges (except for DUAC) do not have a “legal limit.” Under SC Code § 56-5-2930, a DUI conviction requires proof beyond any reasonable doubt that the person was 1) driving 2) while under the influence 3) to the extent that their faculties to drive were materially and appreciably impaired.
Although the BAC level can be used as evidence (.05% or less is a conclusive presumption that the person was not under the influence of alcohol, .051% – .079% is not evidence of anything, and .08% or greater creates an inference that the person was under the influence of alcohol), there is no “legal limit” and the state must prove intoxication to the extent that their faculties to drive were materially and appreciably impaired.
Can you get my DUI case dismissed?
We have gotten DUI charges dismissed for many clients, but every case is different, and we cannot promise any client a particular outcome. We can promise you that we will work hard to get your case dismissed, and, if your case is not dismissed or if you do not accept a plea offer, we will take your case to a jury.
Your case could be dismissed by the prosecutor or by the court based on:
- A lack of evidence,
- Unavailable prosecution witnesses,
- The results of your attorney’s independent investigation of the facts,
- Statutory or common law defenses,
- Constitutional violations committed by law enforcement,
- Statutory violations committed by law enforcement (see Suchenski v. City of Rock Hill)
- Pretrial motions to suppress key evidence in your case, or
- A lack of probable cause for the traffic stop or the DUI arrest.
What happens if you are arrested for driving under the influence in SC?
If you are arrested for DUI in SC, you will usually be taken to the jail or police station to give a breath sample on the Datamaster machine. If you refuse the breath sample, the officer might take you to the hospital to request a blood sample, whereas if there was an accident and you are already at the hospital, they will usually go straight to requesting a blood sample.
You are then booked into the local jail – the municipal jail if the incident was in city limits or the county jail if it was outside of city limits – and given a bond hearing which usually happens the next morning.
Once you have bonded out of jail, the immediate concerns include:
- Contacting an attorney to ensure you do not miss important deadlines in your case,
- Requesting an implied consent/ DUI administrative hearing,
- Requesting a jury trial before your initial court date if you are charged in the magistrate or municipal court (DUI or DUAC first offense), and
Requesting a preliminary hearing if you are charged in General Sessions Court (DUI or DUAC 2nd, 3rd, 4th or subsequent offense or felony DUI).
Is driving under the influence (DUI) a felony?
DUI 1st, 2nd, and 3rd offenses are classified as misdemeanors under SC law, but DUI 4th offense and “felony DUI” are felony offenses.
Note that, although DUI fourth offense is classified as a felony, it is not the same as “felony DUI,” which requires proof that the person negligently caused an accident while driving under the influence, and their negligence resulted in great bodily injury or the death of another person.
If you or someone you know is facing DUI charges of any degree, act fast. With each passing day the prosecution is building a case against you and you don’t want to leave your future to chance.
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