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.

Why Choose Smith Jordan Law for DUI Defense

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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Legal BAC Limits and DUI Offenses in Greenville, SC

In South Carolina, a driver’s Blood Alcohol Concentration (BAC) plays a major role in how DUI cases are charged and penalized. In most cases, the legal limit is 0.08% BAC for drivers 21 and older, 0.04% for commercial drivers, and any detectable alcohol level for drivers under 21 under the state’s zero-tolerance laws. Your BAC level can significantly impact the severity of your penalties, and repeat offenses carry increasingly harsh consequences.

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.

DMV Hearings and Your Driving Privileges

In South Carolina, DUI and certain traffic-related arrests can trigger both a criminal case and an administrative action affecting your driver’s license through the South Carolina Department of Motor Vehicles (SCDMV). This is a separate process from your court case and can begin almost immediately after your arrest.

After a DUI arrest, you typically have a very short window to request an SCDMV administrative hearing to challenge your license suspension. If you don’t request a hearing in time, your license may be automatically suspended, even before your criminal case is resolved.

At the hearing, the focus is usually on whether law enforcement had legal grounds for the stop, arrest, and BAC testing—not on whether you are guilty of DUI in court. An attorney can represent you at this hearing, challenge the suspension, and in some cases help you preserve your driving privileges while your criminal case moves forward.

DUI Defense Strategies That Work

Every DUI case is different, but a strong defense often focuses on how evidence was gathered, whether procedures were followed correctly, and whether your rights were protected throughout the stop and arrest.

Challenging the Traffic Stop

If law enforcement did not have reasonable suspicion to pull you over, any evidence gathered afterward—including breath or field sobriety tests—may be challenged or suppressed.

Questioning Field Sobriety Tests

Field sobriety tests are highly subjective and can be affected by medical conditions, fatigue, weather, or road conditions. We examine whether the tests were administered properly and interpreted fairly.

Challenging Breathalyzer or BAC Results

Breath and blood test results can be unreliable due to improper calibration, maintenance issues, or testing errors. We review whether the device and procedures met required standards.

Examining Police Procedures

Officers must follow strict protocols during DUI investigations. Any deviation—such as improper advisement of rights or flawed arrest procedures—can impact the validity of the case.

Reviewing Video and Physical Evidence

Bodycam footage, dashcam video, and witness accounts are analyzed to identify inconsistencies between what actually happened and what is written in police reports.

Negotiating Reduced Charges or Alternatives

In some cases, it may be possible to reduce DUI charges or pursue alternative resolutions depending on the evidence, your record, and the circumstances of the arrest.

What Happens After a DUI Arrest in Greenville?

A DUI arrest in Greenville triggers both a criminal case and an administrative process that can affect your license right away. Here’s what typically happens next:

• Booking and release – After the arrest, you are taken to jail for processing, which includes fingerprinting, photos, and recording the charges. In many cases, you may be released on bond or personal recognizance.
• Temporary license and SCDMV action – Your driver’s license is often confiscated, and you may receive a temporary driving permit. The South Carolina Department of Motor Vehicles (SCDMV) may begin an administrative suspension process.
• Right to request an SCDMV hearing – You usually have a short deadline to request a hearing to challenge your license suspension. Missing this deadline can result in automatic suspension.
• Court date (arraignment or summary court appearance) – You will be formally notified of the DUI charge and required to enter an initial plea.
• Evidence review and discovery – Your attorney reviews police reports, breath or blood test results, dashcam/bodycam footage, and officer statements.
• Pretrial negotiations or motions – Your lawyer may challenge the stop, testing procedures, or evidence, or negotiate for reduced charges where appropriate.
• Trial (if necessary) – If the case is not resolved, it proceeds to trial, where the prosecution must prove impairment beyond a reasonable doubt.

Field Sobriety Tests Explained

Field sobriety tests are physical and cognitive exercises that law enforcement officers use during a DUI investigation to assess whether a driver may be impaired. Common tests include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus (eye test), all of which are highly subjective and depend heavily on an officer’s interpretation. These tests can be affected by a wide range of factors unrelated to alcohol or drugs, such as fatigue, anxiety, medical conditions, uneven road surfaces, weather, or even poor lighting. Because of this, field sobriety tests are often challenged in DUI cases as unreliable indicators of actual impairment.

How Long Does a DUI Case Take?

The timeline for a DUI case in Greenville depends on several factors, including the complexity of the evidence, whether there are BAC or chemical test issues, the court’s schedule, and whether the case is resolved through a plea agreement or goes to trial. Some DUI cases may resolve in a few months if there are clear opportunities for dismissal or negotiation, while others can take six months to a year or longer, especially if motions are filed, expert analysis is needed, or the case proceeds to trial. Administrative license proceedings through the SCDMV can also move on a separate, faster timeline, making it important to act quickly after an arrest.

Smith Jordan Will Customize a Strategy for the Best Possible Outcome

No two DUI cases are the same, which is why we don’t rely on a one-size-fits-all approach. At Smith Jordan Law, we take the time to review the details of your arrest, examine the evidence, and build a defense strategy tailored specifically to your situation in Greenville and the surrounding Upstate courts.

From challenging the traffic stop to questioning test results and negotiating with prosecutors, we focus on every opportunity to protect your license, your record, and your future.

Call us today at (864) 343-2222 or reach out through our online contact form to schedule your free consultation.

Frequently Asked Questions About DUIs in Greenville

Can I refuse a breathalyzer or chemical test?

In South Carolina, you can refuse a breath or chemical test, but doing so carries legal consequences under the state’s implied consent law. Drivers are generally deemed to have consented to testing when operating a vehicle on public roads.

What happens if I refuse a DUI test?

Refusing a DUI test typically results in an automatic driver’s license suspension, separate from any criminal DUI charge. It can also be used as evidence against you in court.

Can I be charged with a DUI even if my BAC was below the legal limit?

Yes. You can still be charged if an officer believes your ability to drive was impaired, even if your BAC is under 0.08%. The state can rely on other evidence like driving behavior or field sobriety tests.

Will I automatically be convicted if I failed a breath test?

No. A failed breath test is only one piece of evidence and does not guarantee a conviction. The prosecution still must prove impairment beyond a reasonable doubt.

Can I still drive after a DUI arrest?

You may receive a temporary driving permit for a short period, but your license can be suspended unless you successfully challenge it through the SCDMV process. Driving privileges depend on timing and case specifics.

Can a DUI be removed or expunged from my record?

In most cases, DUI convictions in South Carolina cannot be expunged or removed. However, if your case is dismissed or you are found not guilty, you may be eligible to clear the arrest record.

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