Protecting Your Rights
Tried & True Criminal Defense You Can Count On
There are many rights that you should ensure are protected during a DUI arrest. It is important to comprehensively understand these rights to ensure that you do not make a mistake that can damage your case. A knowledgeable attorney from The Laubshire Law Firm, LLC can make sure that you not only know and understand your rights, but that they are upheld throughout the entire process.
South Carolina DUI Laws
The Arrest Process
For those operating a motor vehicle in South Carolina, it is your right to consent or deny the taking of any field sobriety, blood, breath, or urine testing. There are no penalties for refusing to submit to field sobriety testing, however, there are administrative consequences when refusing to submit to a blood, breath or urine test. For example, you license will automatically be suspended for six months. These tests are executed to determine the presence of alcohol or drugs in the driver's blood stream. If you are arrested for a DUI, then the arresting officer must inform you of your right to refuse to take a breath test. You also have the right to request an additional test, but you will have to pay for it. The arresting officer will then have to provide the driver with "affirmative assistance" to obtain the sequential tests, which is providing you reasonable ability to get a second test.
It is also the law in South Carolina that the arresting officer must have the DUI arrest and breath test videotaped. This has proven useful because of its accurate and honest representation of what occurs during the DUI arrest. The tape must begin at the point of the activation of the police officer's flashing blue lights. It can end after the arrest has been formally executed. The tape must include a number of procedural steps. For example, the presentation of the officer advising the driver of his or her Miranda rights.
The Right to Remain Silent
One important right that must be protected and remembered is your absolute and legal right to remain silent. Once a police officer pulls you over, it is important to answer questions regarding basic information, such as driver's license and insurance information. If the conversation leads to a question about whether you have been drinking, it is important to remember your right to remain silent. Prior to answering questions concerning their investigation, you have the legal right to remain silent until you hire a lawyer. You are also entitled to refuse to participate in field sobriety tests and breath tests.
If you have been arrested with a charge of a DUI in Lexington County, Richland County, or anywhere in South Carolina then it is essential to get help from a knowledgeable and experienced Columbia DUI lawyer. With offices in Charleston and Columbia, the firm stands ready to take on your case. You have rights that can protect you from receiving a DUI conviction, which will have serious and unforgiving consequences. An attorney from the firm comprehensively understands your case issues and can help you through the situation by safeguarding your rights. In order to avoid the consequences that may await you, it is in your best interest to hire a DUI attorney from The Laubshire Law Firm, LLC.