The Greenville DUI defense lawyers at Banister, Wyatt & Stalvey LLC fight drunk driving charges. If you’re arrested for DUI, you can have award-winning attorneys working on your case. Call (864) 920-2709 or message us now for immediate legal help.
Lawyer to Fight DUI charges in Greenville, SC
A drunk driving conviction can change your life. But there are things you can do to defend against the allegations and help your situation. Our Greenville DUI defense lawyers provide full-service representation.
We can:
- Investigate
- Build defenses
- Pursue a favorable settlement
- Take your case to trial
- Give legal advice
Getting arrested or charged isn’t the same as being convicted – it’s only the beginning of the process. As your lawyer, we look at all possibilities. We evaluate whether the police investigation may be incorrect or incomplete. We also consider expert witnesses to explain chemical testing and other technical aspects of the law enforcement investigation.
With Bannister, Wyatt & Stalvey Greenville DUI defense lawyers, you have trained professionals on your side. To see how we can assist you if you are facing drunk driving charges, call (864) 920-2709 or message us for your consultation.
Understanding DUI Charges in Greenville, SC
There are two types of DUI charges in Greenville, SC: driving under the influence of alcohol and driving with an unlawful bodily alcohol content (no tolerance). In addition, there is a separate charge of felony DUI when drunk driving results in bodily injury or death.
S.C. Code § 56-5-2930 – Driving under the influence
It is against the law to drive under the influence when the ability to drive is materially and appreciably impaired by alcohol, drugs, or a combination of both.
S.C. Code § 56-5-2933 – Unlawful bodily alcohol content
It is unlawful to drive a motor vehicle with an alcohol concentration of .08% or more.
S.C. Code § 56-5-2945 – DUI causing great bodily injury or death, felony DUI
When a person under the influence of alcohol does something prohibited, which causes death or great bodily injury to another person.
A drunk driving charge by itself is not a conviction. You have the right to a lawyer and a trial. As your lawyers, we look at all the options and prepare a personalized strategy to defend your case. Our Greenville DUI attorneys accept cases throughout the Greenville, SC area, including in the Thirteenth Circuit Court, Magistrate Courts, and Municipal Courts.
What is the BAC (Bodily Alcohol Content) Limit in SC?
The bodily alcohol content limit in South Carolina is .08%. You may be guilty of drunk driving if your bodily alcohol content is over .08%, even if there’s no evidence that the alcohol level impaired your ability to drive.
What Penalties Can I Face for a DUI in SC?
The penalties for a DUI in SC depend on:
- Whether it is your first, second, third, or subsequent offense
- Your bodily alcohol content
- Whether anyone was killed or seriously injured
The penalties for DUI in SC include:
- Jail time
- Community service
- Fines
- Alcohol and Drug Safety Action Program
- Restitution
- Driver’s license suspension
- Ignition interlock device
First offense
BAC under .10 – $400 fine or 48 hours-30 days jail
BAC .10-.15 – $500 fine or 72 hours-30 days jail
BAC .16+ – $1,000 fine or 30-90 days jail
For all first-time offenders, community service may be served instead of jail, but the court may not require it.
Second offense
BAC under .10 – $2,100-$5,100 fine and 5 days-one (1) year in imprisonment
BAC .10-.15 – $2,500-$5,000 fine and 30 days-two (2) years imprisonment
BAC .16+ – $3,500-$6,000 fine and 90 days-thee (3) years imprisonment
Fines may be suspended to lower amounts.
Third, fourth, and subsequent offenses
A third drunk driving charge is punishable based on bodily alcohol content, including up to five years imprisonment and a fine of up to $10,000. A fourth or subsequent offense may be punishable by three to seven years imprisonment.
Felony DUI
When drunk driving results in injury or death, the offense is felony DUI. The penalty is 30 days-15 years imprisonment for great bodily injury. The penalty is one to 25 years for death.
Mistakes People Make After a DUI Arrest
- Not getting legal help right away – There are things we can do right away to preserve evidence and start to build your case.
- Talking to the police – The things that you say can be used against you. You may not realize how your words may be incriminating.
- Accepting field sobriety tests without scrutiny – Field sobriety tests are only accurate if they are the right tests. They must be given in the right way. Police make mistakes, and these mistakes may impact their ability to prove your case.
- Not taking the breathalyzer test – Implied consent laws say that you must consent to breath, blood, or urine testing if you’re accused of drunk driving. Failing to take the breathalyzer test may result in an automatic license suspension.
- Failing to investigate chemical testing – A DUI case often relies on chemical testing like a breathalyzer. These are highly technical tests, and law enforcement errors can be raised in your defense.
- Not raising constitutional issues – If the police violate your constitutional rights, their actions may result in the suppression of evidence.
- Assuming there’s nothing you can do – Too many people assume that fighting a DUI charge is a lost cause. It’s not. Our lawyers can help.
DUI Can Be Costly – Get Legal Help
The Bannister, Wyatt & Stalvey Greenville DUI defense lawyers help our clients achieve results in DUI defense.
A DUI can be costly to your future, your finances, and your personal life. We start representing you as soon as you hire us, including your first court appearance and all subsequent appearances. We take cases to trial, and we’ll give you honest advice about your case.
DUI Defense Lawyer – Get Help in Greenville, SC
For immediate help from a Greenville DUI defense lawyer, contact Bannister, Wyatt & Stalvey.
Contact us for a consultation. We are taking new cases and can start representing you today.
