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Charleston DUI Defense Lawyer

Charleston DUI Defense Lawyer

Fighting for clients charged with driving under the influence in Charleston

No matter how many drinks you have, the police in Charleston can pull you over for suspicion of drunk driving if you violate a traffic law or drive erratically. A conviction can result in imprisonment, fines, loss of your driver’s license, and other severe consequences. At The Law Offices of A. Randolph Hough, P.A., our experienced Charleston DUI defense lawyer has handled over 2,000 DUI cases. He’s helped many criminal defendants just like you secure their freedom. He’s ready to fight for you today.

“Remember, an arrest is not a conviction.”    -    Attorney Hough

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What are the different DUI charges in Charleston?

There are different DUI charges depending on how a driver’s impairment is determined, whether anyone was harmed, and other factors. South Carolina’s DUI charges include the following:

  • Driving under the influence of alcohol or drugs (DUI). It is illegal to drive a motor vehicle in South Carolina while:
    • “Under the influence of alcohol to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired;”
    • Under the influence of any other drug or combination of other drugs/substances that causes impairment that affects the ability to drive; or
    • Under a combination of alcohol and drugs/substances that affects the ability to drive.
  • Driving with an unlawful alcohol concentration (DUAC). Driving when the driver’s blood alcohol content (BAC) level is .08 or more.
  • Felony DUI. A felony DUI is a specific criminal offense that is different than a DUI or a DUAC that might become a felony if you have too many prior convictions. South Carolina defines a felony DUI charge can be filed if a “person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a motor vehicle and when driving a motor vehicle does any act forbidden by law or neglects any duty imposed by law in the driving of the motor vehicle, which act or neglect proximately causes great bodily injury or death to another person.” The “great bodily injury” requirement means “a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”

A DUI charge can be filed and prosecuted based solely on the police officer’s observations. A DUAC charge requires evidence of a legal breath or blood test. Charleston criminal defense lawyer A. Randolph "Randy" Hough can help. As a former prosecutor and a long-time defense lawyer, he’s continually one step ahead. His in-depth understanding of the DUI laws and police requirements means he understands where the flaws and weaknesses of the government’s cases are.

Does your Charleston DUI defense lawyer take my type of case?

The Law Offices of A. Randolph Hough, P.A is laser-focused on winning your case. We fight for the accused throughout the state, representing clients facing DUI and DUI-related charges:

  • First-time DUI offenses. Even first-time offenders face jail time, fines, a license suspension, and the possibility of being required to use an interlock ignition device (IID).
  • Repeat offenses.We understand the penalties that apply for subsequent offenses, when prior offenses should not be considered, and when repeat offenses suggest that substance abuse counseling is necessary.
  • Refusing a breath or field sobriety test.  Anyone who drives in South Carolina “implicitly” consents to a chemical test (usually breath, but sometimes blood or urine) if pulled over under the suspicion of DUI. Law Enforcement may also ask you to perform field sobriety tests. You can refuse, but you will face certain administrative penalties.
  • OMVH administration hearings. This hearing determines if your license should be suspended and whether there are alternatives, such as using an IID or a provisional license, which can allow you to drive.

Defenses to DUI or DUAC charges in Charleston

The defenses we assert on our clients’ behalf will depend on the circumstances of the case. We may:

  • Challenge the initial stop.
  • Challenge any statements you made which may be inadmissible.
  • Question police procedures, including chain of custody for any alleged evidence.
  • Question the tests, including the applicability of a specific test, as well as its administration.

South Carolina law provides defendants with “the right to compulsory process for obtaining witnesses, documents, or both.” This right includes the maintenance of the breath testing devices, the administration of the breath tests, the software used to conduct the breath test, and other information. We fight to have the test results thrown out or suppressed. If that is not possible, we can argue why that “evidence” is faulty or suspect.

What are the penalties for DUI and DUAC charges in South Carolina?

A DUI conviction can lead to serious penalties, which is one reason you want to hire Charleston defense lawyer A. Randolph Hough. Attorney Hough and his team will fight to have your charges dismissed or for your acquittal, so that you do not face penalties like:

  • Jail time (between 48 hours and 30 days) for a first time conviction; prison time (up to 25 years) for any subsequent convictions
  • Thousands of dollars in fines and fees
  • License suspension
  • Job loss
  • Loss of Constitutional rights, including the right to carry and the right to vote
  • Mandatory installation of an ignition interlock device
  • Mandatory alcohol treatment or drug counseling

What you should know about ignition interlock devices

Drivers who refuse a breath test, have a BAC of .08 or more, or have a DUI conviction, may be required to install an ignition interlock device (IID) in their vehicles. These are breath tests that ensure the vehicle cannot start (or, in some cases, that the vehicle will stop) if alcohol is detected. The laws in South Carolina are very strict when it comes to IIDs, and the best way to avoid one is to avoid a conviction entirely. The Law Office of A. Randloph Hough will vigorously pursue your defense to help you avoid an IID completely.

How long does a DUI stay on my record in Charleston?

Unlike other convictions, a DUI or DUAC conviction will stay on your record forever. Your only opportunity for avoiding a DUI or a DUAC conviction on your record is to have the charges dismissed, be found not guilty at trial, or have the charges reduced to a less serious charge that can be expunged, such as a traffic violation.

Our Charleston DUI defense lawyer will review all your options to help keep a DUI arrest or conviction off your criminal record.

The Law Offices of A. Randolph Hough, P.A. also aggressively defends clients against other criminal charges, including assault, arson, kidnapping, and charges against college students. We also handle drunk driving defense.

Do you have a Charleston DUI defense lawyer near me?

The Law Offices of A. Randolph Hough, P.A is located at 171 Church St., #160, in Charleston. We make in-custody visits when necessary and can schedule a phone or video consultation if needed.

1720 Main St. Suite 105
Columbia, South Carolina 29201
Phone: (803) 219-2740
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171 Church Street, Suite 160
Charleston, SC 29401
Phone: (843) 507-4558
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Work with an aggressive Charleston DUI defense lawyer

If you’re facing DUI or DUAC charges, you want a lawyer who will fight back hard and fast. At The Law Offices of A. Randolph Hough, P.A., we work aggressively to have charges dismissed, to obtain acquittals, and to negotiate plea bargains for less serious offenses. To schedule a consultation with a Charleston DUI defense lawyer, please call us or fill out our contact form. We maintain an additional office in Columbia for your convenience.