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DUI Frequently Asked Questions

When the stakes are high, call Swilley Law Firm, LLC. We represent injured people and people accused of crimes in South Carolina.

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Answers To Your Most Pressing Concerns

Facing DUI charges can be overwhelming. Knowing the severity of the possible consequences for a conviction, you may be intimidated and want to plead guilty or otherwise resolve the situation as efficiently as possible and move on. It’s important to be aware that having the DUI conviction on your record will be permanent and can cause numerous problems in the future.

I believe that it is always worthwhile to fight a DUI or DUAC charge. Making that decision with confidence can depend upon getting the right information.

Q: What is the difference between a DUI charge and a DUAC charge?

A DUI charge means you have been accused of operating a vehicle while your faculties were materially and appreciatively impaired by alcohol, drugs or a combination of both. A DUAC charge, or driving with an unlawful alcohol concentration, means operating a motor vehicle with a blood alcohol concentration of .08 percent or more. The penalties and collateral consequences are almost entirely the same for either charge.

Q: Do I have to take a Breathalyzer if the police stop me?

No. You have the right to refuse a breath test if offered. Refusal will result in an immediate suspension of your privilege to drive in South Carolina. You have the right to request an administrative hearing to challenge that revocation of your driving privileges. While the matter is pending before the hearing, you can apply for a temporary alcohol license that will allow you to drive within South Carolina.

Q: Will I lose my license if I’m charged with a DUI?

If you refuse the breath test or register a .15 or higher on the breath test, your privilege to drive in South Carolina will be immediately suspended. You can contest this suspension in an administrative hearing. A drunk driving defense attorney can assist you in this process and represent you at the administrative hearing.

Q: Can I get convicted of a DUI if I’m actually under the legal limit?

Possibly. Driving under the influence means driving while your faculties were materially and appreciatively impaired. If your faculties were materially and appreciatively impaired, even if your blood alcohol level is below the legal limit, you may be convicted of DUI if the State can prove this. However, the burden to prove that you were impaired is always on the state, and you are always presumed innocent under the law.

Call Today To Discuss Your Case

If you would like to discuss the specifics of your case, please call my office, conveniently located in Florence, at 843-773-2789 to arrange a free lawyer consultation. You may also reach out through my online contact form.