Greenville DUI Defense Attorney

You may believe you can drive after a night of revelry at the local bar or a friend’s house party. Yet, a passing police officer may suspect you are inebriated and pull you over, leading to a DUI charge. Even worse, you may cause an accident and injure someone. Any time you are arrested for driving under the influence, you need help from a qualified Greenville DUI defense attorney.

We understand that you may be worried about avoiding substantial penalties and clearing your name at Smith Jordan Law. A Greenville criminal defense attorney from our team will listen to your story and defend your rights against unfair prosecution. Contact us online or by calling (864) 343-2222 to get help immediately so you do not jeopardize your defense without valuable legal counsel.

We fiercely defend your constitutional rights

When facing DUI charges, you must have a legal advocate who understands both sides of the justice system. Attorney D. Graham Buckner, a Greenville, SC, DUI attorney on our team, spent 13 years prosecuting cases in the Pickens County office of the 13th Judicial Court. He knows the techniques used by prosecuting attorneys and can build solid defenses against them.

The Sixth Amendment to the U.S. Constitution gives you the right to a speedy trial with a jury of your peers. You also have the right to fight against any evidence that is improperly gathered or inaccurate. The court assumes you are innocent until you are proven guilty, and your DUI lawyer in Greenville will strive to maintain your innocence in the minds of the judge and jury.

We begin working hard for you as soon as you hire us, filing motions to have statements and evidence dismissed when possible. We also stand by you during all legal hearings and proceedings, representing your best interests and seeking the best possible outcome for your circumstances. You can trust us to present the most powerful arguments available to minimize the effects of a DUI charge on your life.

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Your legal rights as a person charged with DUI in Greenville

A DUI conviction can have life-changing consequences

Taking action by calling a DUI attorney in Greenville, SC, gives you a better chance at reducing or eliminating the consequences you could face if you are convicted. Our lawyers understand that DUI circumstances can be complex, so we work to reveal anything that could help you avoid jail, hefty fines, and the socioeconomic results you might otherwise face. We also believe it is important that our clients be aware of those risks to make better-informed decisions.

Likely, the most important factor in your defense is your blood alcohol content (BAC). By using a breathalyzer at the scene or by conducting saliva or blood tests at the police station, authorities will obtain a BAC result that may lead to an arrest. In South Carolina, if you have a BAC of 0.08 or higher, you will be charged and experience penalties.

When you receive your driver’s license in SC, the law holds that you have consented to submit to a BAC test. Under South Carolina Code Section 56-5-2950, implied consent means that if you refuse a breath, blood, or urine test, your license is automatically suspended for 90 days or 180 days if you already have a conviction or suspension in the last ten years for an alcohol-related offense. While you retain the right to refuse testing, it may be better to undergo the testing and work with your attorney to dispute the results.

Criminal penalties for a DUI conviction in SC

Your BAC will determine the specifics of your penalties, and successive charges mean higher fines and longer jail sentences. The South Carolina Department of Public Safety outlines the offense types and penalties for DUI convictions as follows:

• First offense (misdemeanor): Six months driver’s license suspension, $400 to $992 in fines, or 2-30 days imprisonment.
• Second offense (misdemeanor): One-year suspension, $2,100 to $10,744.50 in fines, surcharges, and assessments, and five days to one year of imprisonment.
• Third offense (misdemeanor): Two years’ suspension, $3,800 and $13,234.50 in fines, and 60 days to three years’ imprisonment. For a third offense, your license is suspended for four years within five years, and your vehicle is confiscated within ten years.
• Fourth or more offense (felony): Permanent license revocation and one to five years imprisonment.

Social and economic consequences of a DUI conviction

A DUI conviction has real-world effects on your income and social standing. Your friends and family may distance themselves from you. A felony conviction could mean you lose your job and struggle to find employment, and you lose your right to vote and own firearms in South Carolina.

You may find yourself the target of a civil lawsuit from anyone injured in an accident or from the family of a person who died. If successful, you must pay settlements that could deplete your life savings or assets.

Smith Jordan Law will customize a defense strategy for the best possible outcome after your DUI charge

As soon as you hire a DUI lawyer in Greenville, SC, from Smith Jordan Law, we begin fighting to protect your rights and eliminate your penalties. We draw on our experience and background in prosecution to craft a defense strategy tailored to your situation. We can take a combination of the following measures to approach your defense based on your specific situation:

• Request a dismissal of the charges.
• Challenge the breathalyzer calibration or the procedural accuracy of the blood or saliva test.
• Examine whether the police violated your rights during the arrest and booking procedures.
• Investigate and identify evidence demonstrating your innocence.
• Work to reduce your charges, minimize the penalties, or secure pre-trial intervention measures for you.
• Defend you before the judge and jury to persuade them to decide your case fairly.
• Ensure you understand what happens during the trial and help you make educated decisions about your defense.
• Defend your rights if you decide to appeal.

Sometimes, your best bet may be negotiating a plea deal with the prosecution. While you must admit guilt in this case, your Smith Jordan Law criminal defense attorney will try to secure the least consequential charge and penalty. We are on your side to ensure you are treated fairly by the justice system.

Smith Jordan Law addresses your questions about Greenville DUI defense

Can I get a DUI expunged from my record?

While you may be able to get some non-violent criminal convictions expunged from your record, DUI is not one of them in SC. The charge will stay on your driving record for a minimum of ten years and probably appear on any background checks.

Resources for those charged with DUI in Greenville

Smith Jordan Law

• 21 Orchard Park Dr Suite E2, Greenville, SC 29615
• (864) 343-2222
• Map & Directions

Treatment resources

• South Carolina Department of Alcohol and Other Drug Abuse Services: A state-run program to aid you in locating substance abuse recovery support.
• Behavioral Health Services of Pickens County: Offers an Alcohol and Drug Safety Action Program (ADSAP).

Probation parole & pardon services

• 350 Halton Rd Suite 100, Greenville, SC 29607