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Columbia South Carolina DUI Defense Law Blog

Gaining a provisional license after a DUI

If you have been charged with a DUI in the state of South Carolina, you will have had your drivers' license temporarily revoked. The amount of time for which you will have your drivers' license suspended will depend on a number of factors. These factors include whether this was your first offense, and how intoxicated you were found to be at the scene.

Being unable to drive can completely alter your life, and it may affect your ability to carry out meaningful work or care for loved ones. The courts in South Carolina are sympathetic to this, but their main objective is to keep the roads safe for other drivers, passengers and pedestrians. However, it may be possible to gain a provisional license while your full license is suspended under certain terms.

When is overserving a legitimate DUI defense?

It is important to know that a DUI charge in the state of South Carolina leads to a criminal record for the rest of your life. This can have far-reaching effects on your ability to have a good job and accomplish certain things. If you believe that your intoxication was not your fault for one reason or another, it is worthwhile to take a stance and to defend yourself from the criminal charge.

If you were drinking in a bar before driving and got arrested on suspicion of driving under the influence of alcohol, you may have been fairly confident that you were under the limit. You remembered the drinks that you ordered and the amounts that you requested: You were confident that such an amount of alcohol would not have caused any problems in regard to your sobriety.

Can I challenge the results of a blood test after a DUI?

In most situations, suspicion of driving under the influence is verified by a breath test. This often occurs back at the police station or detention center after you have been arrested.

However, there are times when a blood test may be deemed necessary. This might be true for circumstances where drug use is suspected, or when a person is unable to perform the breath test for medical reasons -- for example, if they are suffering from a decreased lung capacity.

Subsequent DUI offenses in South Carolina

In the state of South Carolina, charges for driving under the influence of alcohol are relatively harsh. Drivers can end up with a criminal record after their first offense when being caught driving under the influence, and there are strict zero tolerance laws relating to drivers under the age of 21.

If you have been accused of a subsequent DUI offense in the state of South Carolina, it is understandable that you may be worried about the consequences. While the consequences of a successful conviction can be quite serious, it is important to know that a strong defense, depending on the circumstances, can have the potential to change that.

DUI arrests and administrative license hearings

When you have been found to be driving under the influence of alcohol in South Carolina, you will be subject to a DUI arrest. When this happens you will probably be thinking primarily about the criminal charges you are facing and what these charges will mean for your future.

However, it is important that as a person convicted of driving under the influence of alcohol, you have other duties in relation to the law. You will have a certain amount of time in order to request an administrative hearing with the South Carolina DMV office. In doing this, you will be able to avoid a more lengthy suspension of your drivers' license.