Charleston DUI Lawyers
Last updated on August 29, 2024
Driving under the influence (DUI) of alcohol or drugs is a mistake that can have significant legal and personal consequences. A DUI conviction can lead to steep fines, the loss of driving privileges and jail time. The collateral consequences are severe. A DUI conviction can also impact your job and cause your insurance rates to skyrocket. Since the stakes are so high, you should contact an attorney as soon as possible.
At Young & Young, Attorneys at Law, we can help you understand the severity of your charges and ensure that your rights are protected. We will also aim to minimize the effects of your charges on your future. We are DUI lawyers who regularly defend clients in Mount Pleasant, Isle of Palms, Charleston and the surrounding communities.
Why We Are The Best Choice For Your Charleston DUI Case
Adam Young and Kelley Young are former state prosecutors who have strategized a wide range of cases on both sides of the law. Kelley Young is also a former magistrate judge. With over 25 years combined experience in handling DUI related offenses, you are in good hands with these courtroom veterans who have tried countless cases and negotiated thousands of plea agreements.
Since Adam and Kelley know the local court system inside and out, they work together to investigate and develop solid strategies. Throughout their years of practice, they have cultivated strong professional relationships with local prosecutors, law enforcement and court personnel.
Adam Young is AV Preeminent peer-review rated,* the highest rating, through Martindale-Hubbell. He was also selected as a member of The National Trial Lawyers: Top 100, which is a professional, invitation-only organization composed of premier trial lawyers from each state or region who demonstrate superior qualifications in terms of leadership, reputation, influence, stature and public profile.
Adam Young and Kelley Young were also selected for inclusion in South Carolina Super Lawyers, a distinction given to no more than 5% of lawyers in the state each year. They have also been recognized by Expertise.com and Avvo for being top-rated criminal defense and DUI attorneys.
If you want your case handled by an experienced Charleston DUI lawyer with a track record of success, contact the firm to schedule a free consultation by calling 843-619-7755 or complete an online contact form.
“Attorneys Kelley and Adam Young genuinely care about your legal concerns. They are devoted and understand that the outcome matters. They work as a cohesive team and (against all odds) successfully achieved our desired results. They explained the legal complexities of the case in a down-to-earth and straightforward way and efficiently advocated for our best interest. I highly recommend them for your legal concerns.”
– S.W.
What Are The DUI Laws And Penalties In Charleston?
In Charleston, and throughout South Carolina, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of .08% or higher for adults. However, if your BAC is in the .05% to .079% range, you can be arrested for DUI if you display signs of impairment. For drivers under the age of 21, the limit is .02%, and because of zero tolerance laws, any amount over .00% can lead to DUI charges. For commercial drivers, the limit is .04% if driving a commercial vehicle and .08% if driving a personal vehicle. Drivers can be impaired by alcohol, illegal substances or prescription medications.
Penalties for a DUI conviction in Charleston are determined by the driver’s BAC level, their previous DUI record and whether the DUI involved an accident causing injury. The consequences become more severe with higher BAC levels and a longer record of prior offenses. For a first-time offender, penalties can include:
- Suspension or revocation of the driver’s license
- Jail time, starting from 48 hours
- Fines, which can vary significantly based on the specifics of the case
- Mandatory alcohol abuse screening and educational programs
- Installation of an ignition interlock device on the vehicle
Subsequent offenses result in harsher penalties, including mandatory jail sentences and, potentially, the permanent loss of driving privileges. It’s crucial for drivers in Charleston to understand these laws and penalties, as they reflect the seriousness with which DUI offenses are treated.
What Happens During A DUI Stop In South Carolina?
Many drivers are startled to realize that they are suddenly under investigation for DUI, especially when the driver thought the purpose of the stop was just a routine traffic violation or something like a broken taillight.
Here is how a DUI investigation generally unfolds:
- Observation: The police officer’s observations are often an important part of the prosecution’s DUI case, so you can generally expect the officer to be looking for any signs of drug or alcohol use. The officer will look for things like slurred speech, droopy eyes, bloodshot eyes, fumbling and confusion when they approach you and initiate the conversation.
- Leading questions: Officers may try to get an admission that you have been drinking. They may open their conversation with you by flat-out asking if you are coming from a bar or a restaurant that serves alcohol and whether you have had anything to drink. It is always inadvisable to speak to law enforcement without an attorney present.
- Field sobriety testing: The walk-and-turn, one-legged stand and horizontal gaze nystagmus tests have become fairly familiar to many people through their use in media, but these standardized field sobriety tests are subjective. Drivers can refuse to participate in them.
Once an officer decides that they have enough probable cause (evidence) for a DUI request, you are required under implied consent laws to submit to a chemical test to determine your BAC. Refusal to do so may result in your license being suspended.
Will You Lose Your License After A DUI In Charleston?
In South Carolina, a DUI conviction or refusing a breath test will result in a driver’s license suspension. Furthermore, if you lose your license and are later pulled over while driving with a suspended license, you can be taken to jail and face an even longer license suspension.
You do not want to risk more penalties. We are Charleston DUI lawyers who can help you get your license back. Reinstating your driver’s license is a lengthy process that is best handled by an experienced attorney. We can defend you against DUI charges and represent you at the Department of Motor Vehicles (DMV) administrative license hearing as well. As former prosecutors, we can identify weak points in the state’s case against you. We know what questions to ask and what arguments to make at each step of the case.
Why You Should Hire A Charleston DUI Attorney
Many people charged with drunk driving simply assume that they will be convicted. However, before you plead guilty, it is wise to speak to a Charleston DUI attorney to make sure that you understand all your options. There may be ways to contest the charges and protect your criminal record and driver’s license.
Learn more: How to find the right DUI lawyer
As the founding lawyers at Young & Young, Attorneys at Law, we are former prosecutors and experienced criminal defense lawyers. We know what evidence to look for in a DUI/DWI case. We can review the police report and test results and quickly assess your case. If the prosecution’s case against you is weak, you may be able to argue for the charges to be reduced or dismissed altogether. If the prosecutor does not negotiate fairly, we will be prepared to take the case to trial. We represent adults, college students and juveniles in Charleston and the surrounding communities.
Legal Process For A DUI Conviction
While DUI arrests are routine for local law enforcement, they are anything but routine for local motorists. South Carolina drivers should know that a DUI charge can be a multipart affair. From start to finish, a typical DUI case consists of:
- The traffic stop
- Standardized field sobriety testing
- The arrest
- Processing with data masters at the police station
- Subsequent court hearings
To perform a DUI stop, law enforcement must have probable cause to pull you over. They cannot stop you without observing a traffic infraction or probable cause that you are driving under the influence – such as by swerving or varying your speed. If law enforcement stops you regardless, you can file a pretrial motion to suppress evidence. In a DUI case, this makes any evidence gathered improperly impermissible for use in court, including results from sobriety and breath tests. A possible, though not guaranteed, outcome in this scenario is for a case to be dismissed entirely.
A DUI arrest can also happen at a DUI checkpoint, where law enforcement officers stop all vehicles traveling on a designated road. While this practice may seem to violate the concept of reasonable suspicion, it has been upheld as legal by the U.S. Supreme Court. From the perspective of officials and for the sake of public safety, the benefits of these checkpoints are viewed to outweigh the intrusion imposed upon drivers. While some states have banned DUI checkpoints, South Carolina is not among them.
Outstanding DUI Defense Backed By Results
Over the years, we at Young & Young, Attorneys at Law have represented numerous clients facing DUI charges, securing successful outcomes in many challenging cases. While we cannot share every victory, we can share some of our most recent ones.
These case results represent a small fraction of our experience and success. Each case is different, and these results do not guarantee future results, but they do guarantee our dedication, knowledge and skills when working DUI cases.
Felony DUI case dismissed
Our client was charged with felony DUI with great bodily injury, facing a sentence of up to 15 years in prison. After providing strong plea negotiations and using our experience to point out legal issues with the case, the felony DUI was dismissed. As a result, our client did not have their license suspended, and they avoided all jail time.
Third DUI or subsequent case dismissed
Our client had a long history of alcohol abuse and was charged with a third DUI or subsequent, which means the client had at least two prior convictions for DUI-related offenses. Using our legal experience of the intricacies of DUI law, we successfully had our client’s original charge dismissed. Our client avoided a license suspension and prison time.
DUI and associated drug paraphernalia charges dismissed
Our client was arrested and charged with DUI and drug paraphernalia. The prosecutor argued that the DUI was based on the client being under the influence of drugs. We successfully challenged the evidence and negotiated to have the original charges dismissed, and our client avoided a license suspension.
Our Charleston DUI Attorneys Answer Your Questions About Drunk Driving And DUI Arrests
Is A DUI Or A DWI A Serious Offense?
Absolutely. A drunk driving charge is much more serious than a traffic violation. They are misdemeanors that will remain on your criminal record permanently. In addition, certain elements can lead to you being charged with felony DUI. For example, a drunk driving offense that causes an accident or injury can be charged as a felony.
How Can They Charge Me With A DUI If They Pulled Me Over For Speeding?
During a valid traffic stop – which can include the full range of offenses from speeding to not wearing a seat belt to not coming to a complete stop – the officer is always on high alert. The officer might observe you slurring your speech, notice the smell of alcohol in the vehicle or see an open beer can in the cup holder. Any of these observations can lead to a field sobriety test that might result in a drunk driving charge.
What Is A Field Sobriety Test?
Most states, including South Carolina, have standardized three types of tests an officer can perform in the field to gauge a driver’s coordination and ability to safely operate a moving vehicle. The three tests are:
- Horizontal gaze nystagmus (HGN)
- One-leg stand
- Walk-and-turn
While not approved as standard, the officer might ask you to perform other tasks – such as reciting the alphabet – that he or she believes are appropriate to test your physical or mental capability. Depending on the tests administered and the way they were conducted, we can often challenge the validity of any field sobriety tests used as evidence against you.
Can I Refuse To Take The Field Sobriety Tests?
In the state of South Carolina, field sobriety tests are not mandatory and you can refuse to take them. Police officers may lead you to believe that you have to take them, but you have the right to refuse field sobriety tests.
Can I Refuse To Take A Breathalyzer Test?
If you refuse to take a breathalyzer or chemical test to determine if you have used drugs or alcohol, you will automatically lose your driver’s license for at least six months. In the state of South Carolina, there are implied consent laws for breathalyzer tests that make them mandatory. In other words, a condition of having driver’s license means that you automatically consent to a breathalyzer test if you are asked to take one.
Can I Challenge The Breathalyzer Or Chemical Test Results?
A breath test result seems like a crucial piece of evidence against you. These results, however, are notoriously unreliable. Your defense attorney will likely start asking questions such as: Was the officer properly trained on administering the test? Was the machine in proper working order? Was the machine cleaned and stored properly between examinations?
Will I Be Able To Get My License Back?
If you have had your license suspended, you can request an administrative hearing to get it back. You may also be eligible for a provisional or hardship license. Depending on the facts and circumstances of your case, our DUI attorneys may be able to help you get your license back if it has been suspended.
As former Charleston County prosecutors, our founding attorneys are familiar with everything the state will use as evidence against you in a DUI. In addition, co-founding attorney Kelley Flynn Young has also served on the bench as a magistrate judge. Our criminal defense lawyers will analyze your case, study the evidence against you and customize a legal strategy to fight the charges your are facing.
Consult With A DUI Accident Lawyer For Free
We offer a free initial consultation in which you can discuss your case. To schedule that first meeting, call us at 843-619-7755. You may also contact us online.
*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.
