843-444-6122

First Offense DUI

Being charged with a DUI for the first time can be an overwhelming and frightening experience. In South Carolina, a first offense DUI carries significant legal consequences, but it is also an opportunity to learn from the experience and take steps to prevent it from happening again. Understanding the legal process and knowing what to expect can help you navigate the situation more effectively and enhance your chances of a favorable outcome at trial.

The Importance of Taking Immediate Action

Taking immediate action after being charged with a first offense DUI is crucial. The legal process involves several steps, and timely responses can make a significant difference in the outcome of your case. Hiring an experienced attorney early in the process can provide invaluable support, ensuring that you understand your rights, meet all necessary deadlines, and develop a strong defense strategy.

South Carolina Law Code on First Offense DUI

The South Carolina Code of Laws outlines the penalties and procedures for a first offense DUI under specific statutes:

  • First Offense DUI (S.C. Code § 56-5-2930): A first offense DUI is classified as a misdemeanor. Penalties can include fines ranging from $400 to $1,000, imprisonment for 48 hours to 30 days, and a six-month driver’s license suspension. Completion of the Alcohol and Drug Safety Action Program (ADSAP) is also required.

Steps to Take After a First Offense DUI Charge

  1. Contact an Attorney: The first and most crucial step is to contact an experienced DUI attorney. An attorney can provide you with legal advice, represent you in court, and help you build a strong defense.
  2. Request an Administrative Hearing: You have the right to request an administrative hearing to contest your license suspension. This request must be made within 30 days of your arrest.
  3. Complete ADSAP: Enroll in and complete the Alcohol and Drug Safety Action Program (ADSAP), which is a mandatory requirement for license reinstatement.
  4. Gather Evidence: Collect any evidence that may support your case, such as witness statements, photographs, and video footage. Your attorney can help you identify and obtain relevant evidence.
  5. Attend All Court Dates: Make sure to attend all scheduled court dates and hearings. Missing a court date can result in additional penalties and complications.
  6. Consider a Plea Bargain: Depending on the circumstances of your case, your attorney may negotiate a plea bargain with the prosecution to reduce the charges or penalties.
  7. Prepare for Trial: If your case goes to trial, your attorney will help you prepare by reviewing the evidence, identifying witnesses, and developing a defense strategy.

Recent Changes in DUI Laws

In 2023, Governor Henry McMaster signed into law a significant piece of legislation aimed at strengthening DUI enforcement and penalties in South Carolina. The new law includes stricter penalties for repeat offenders, increased fines, and extended license suspension periods. Additionally, it mandates the installation of ignition interlock devices (IIDs) for certain first-time offenders and expands the use of sobriety checkpoints. These changes reflect South Carolina’s commitment to reducing drunk driving incidents and enhancing road safety. If you are facing a DUI charge under these new regulations, it is more important than ever to seek experienced legal representation to navigate these enhanced legal complexities and protect your rights.

Begin Your Defense Today

Call for a free Case Consultation

If you are facing criminal charges in South Carolina, call Thompson & Hiller to hear your options.

Facing a First Offense DUI?

Can I contest a driver's license suspension after a first offense DUI?

Yes, you can request an administrative hearing to contest the suspension. This request must be made within 30 days of your arrest. An attorney can help you navigate this process.

What is the difference between a first offense DUI and subsequent offenses?

A first offense DUI typically carries lighter penalties than subsequent offenses. Subsequent offenses can result in longer license suspensions, higher fines, and more extended jail sentences.

 

Can I obtain a restricted license during the suspension period?

In some cases, you may be eligible for a restricted license that allows you to drive to work, school, or medical appointments. An attorney can help you apply for and obtain a restricted license if you qualify.

How can completing ADSAP benefit my case?

Completing ADSAP demonstrates your commitment to addressing any substance use issues and can be a positive factor in negotiations with prosecutors or sentencing considerations.

Implications of a First Offense DUI

The implications of a first offense DUI extend beyond the immediate legal penalties. A DUI conviction can affect your driving record, leading to higher insurance premiums and potential job loss. It can also impact your personal life, causing stress and difficulties in relationships. However, by taking proactive steps and working with an experienced attorney, you can navigate this challenging time and take measures to minimize the impact on your life.

How Thompson and Hiller Can Support You

At Thompson and Hiller Defense Firm, we understand the anxiety and uncertainty that come with a first offense DUI charge. Our compassionate and experienced attorneys are dedicated to providing you with the support and robust defense you need. We will guide you through the legal process, help you meet all necessary requirements, and work tirelessly to achieve the best possible outcome for your case. Our goal is to protect your rights, minimize potential penalties, and help you move forward with confidence.

Contact Us Today for Your Free Case Consultation

If you or a loved one is facing a first offense DUI charge in South Carolina, don’t navigate this alone. Contact Thompson and Hiller Defense Firm today for a free, confidential consultation. We are here to listen to your concerns, answer your questions, and provide the dedicated legal support you need. Our team is ready to help you explore your options and fight for your future. Call us now to take the first step towards safeguarding your rights and your future.

Additional Criminal Defenses Focuses

Secure Your Defense With Thompson & Hiller

Use the form below to request your free and confidential consultation with one of attorneys