Brian P. Johnson, Esq. – DUI Lawyer located in Greenville, SC – handling DUI cases throughout Upstate, SC
DUI is a serious charge, and a conviction can have a serious impact on your life. Time is crucial in these cases, and you should contact an experienced DUI lawyer to discuss your case as soon as possible before you take action on your own. If you plead guilty to a DUI or DUAC charge without consulting an attorney, you may lose your license, experience car insurance rate increases, be sentenced to jail time, or have other fines and penalties. Our office will work diligently to protect your rights and to achieve the best possible outcome for your case.
Many people do not realize that field sobriety tests and the breath test must be conducted exactly according to the law. Your rights must be explained to you, and the proper procedures must be followed. Often, police fail to do these things properly. Our office understands these laws, and we will use our expertise to gather information and build an effective defense strategy for you.
WHAT DO I DO IF I’M PULLED OVER FOR SUSPICION OF DUI? DO I HAVE TO TAKE A FIELD SOBRIETY TEST? WHAT HAPPENS IF I DECLINE?
First, it is important to understand that there are very specific procedures that the police must abide by during traffic stops. For example, they must turn on their blue lights and activate their dashboard camera as they are pulling you over. The video footage can be valuable evidence in your case, so it is important that you remain calm and pull over carefully.
If an officer suspects you have been drinking, he or she will usually ask you to step out of your vehicle. At this point, they may request that you do a field sobriety test. There are three tests that are normally offered – the HGN (horizontal gaze nystagmus) test, the walk and turn test, and the one-leg stand test. If you feel nervous or uncertain about your ability to complete these tests, you have the right to decline. It is important that you continue to remain calm and polite while you assert this right because you are still being recorded.
If you choose to decline the field sobriety tests, you will likely be placed under arrest. While this may seem daunting, it’s important to remember that you don’t want to incriminate yourself if you doubt your ability to successfully complete the three aforementioned tests.
DO I AGREE TO BLOW IN A BREATHALYZER TEST?
After you are placed under arrest for DUI, you will be taken the police station and put in a dedicated breathalyzer testing room. After a mandatory twenty minute waiting period, they are required by law to offer you the breathalyzer test. If for any reason you feel uncomfortable taking this test, you do have the right to decline.
The breathalyzer results are dependent upon many factors, such as body mass, metabolism, etc. Therefore, you must use your best judgment in deciding if you feel comfortable taking the test. Keep in mind that you are being recorded throughout this process, which is why you must continue to remain composed and calm.
If you decline the breathalyzer, you will go to jail. However, if it is your first arrest, you will usually be allowed to sign yourself on a personal recognizance bond.
WILL I LOSE MY LICENSE IF I GET A DUI?
If you refuse the breathalyzer test the state will revoke your license. However, you will be able to get your license back by appealing the implied consent law. You have thirty days after your arrest to appeal to have your license reinstated. After you file an appeal, a hearing will be set up to determine if you will get your license back. It is wise to hire an attorney for this hearing.
While you are waiting for your hearing date, the DMV will send you information about obtaining a Temporary Alcohol License (TAL). You can get a TAL immediately, which allows you to drive without restriction in the state of South Carolina.
HOW DO I FIGHT A DUI?
The first step in fighting a DUI charge is for your attorney to request all evidence from the police. This evidence will include any video and audio recordings, breathalyzer test results, etc. Your attorney will review the evidence to determine if there are grounds to get the charge dismissed or reduced. For example, it can help you win your case if you are shown on video driving responsibly and can be heard speaking to the officer in a clear, calm voice.
Next, your attorney will carefully review the discovery to make sure all procedures were followed properly. As mentioned earlier, the procedures that must be followed are very specific, and any deviation from them may be considered grounds for dismissal or a reduction of charge. For example, the video of the arrest site must show the person being advised of his or her Miranda Rights. These types of technicalities can be significant elements of a defense and it is important to hire a DUI Lawyer that is familiar with the required procedures.
CALL US
Our office will work diligently to ensure your rights are protected and to bring the best outcome possible. Brian P. Johnson is a DUI Lawyer who understands the DUI laws and can use his extensive knowledge and skill to gather information and build an effective defense strategy for you.
Before you take action on your own or speak to police or prosecutors, call our office for a free and confidential consultation. We are happy to discuss your case and how we can help you. Click here to email us or call our office. Our law office focuses on those accused of crimes across Upstate, South Carolina, including Greenville, Spartanburg, Anderson, Pickens, Laurens, and Oconee counties.