Lexington County Courthouse – DUI Charges
DUI Lawyer in Lexington, SC
Are you going to be facing court on a DUI charge in the Lexington County Courthouse? The State of South Carolina has heavy penalties for DUI offenses. If you are facing DUI charges and will be appearing in court at the Lexington County Courthouse, The Laubshire Law Firm, LLC can assist you. Mr. Laubshire, the founding attorney, is a former law enforcement officer, and also served as a DUI prosecutor in the past, and has a wide scope of knowledge regarding DUI charges, the law, and what options could be employed to defend against a charge. There has been a great effort to reduce the number of DUI drivers, and law enforcement is on patrol looking for any person who appears to be driving their vehicle unsafely.
Police Must Follow the Law in a DUI Arrest
Police are restricted in who can be pulled over, must have probable cause for an arrest for DUI, and once that person is pulled over, the procedures must be carefully followed. In South Carolina, as in other states, there are protections under the U.S. Constitution in the ability to stop or arrest a person. There are also state requirements, including that the breath testing site must have functioning video cameras that capture the testing. Any failure to adhere to any part of the South Carolina Uniform Act Regulation Traffic on Highways Section 56-5-2953 (2012) could lead to the court making a decision to exclude the evidence. There restrictions upon police in arresting and charging an individual with DUI, and these must be followed to the letter. Any law enforcement officer could make an error, including pulling over a person who is not intoxicated, not driving in a manner that endangers others, but through a series of events, is arrested and charged with DUI.
Some of the regulations under this law include that the field sobriety tests must be videoed, and include the arrest procedure, or a probable cause determination, as well as the individual being read his or her Miranda Rights. Any error in any part of the arrest, testing or other part of the process could lead to a full case dismissal. Those who drive in South Carolina must submit to either one or a combination of chemical test of breath, blood or urine with the goal of determining the presence of drugs, alcohol or a combination of both – only if there is probable cause to believe that the person is under the influence and driving.
Penalties Imposed for DUI at the Lexington County Courthouse
A DUI charge, whether misdemeanor or felony, is a serious legal problem. If you are going to appear on the charge at the Lexington County Courthouse, ensure that you are protected by a DUI defense lawyer that has extensive experience and is prepared to evaluate every detail of your case, from the video evidence, through to the police procedure, chain of custody of any evidence, the arrest and so on. The firm represents those in DUI first, DUI second & subsequent and felony DUI. As there are heavy DUI penalties in South Carolina, is it imperative that defense actions are undertaken as early as possible in the case, and the first step is to have your case fully analyzed by the firm. After years of service on both sides, Mr. Laubshire has a great insight into the various DUI defense strategies that could be possible, including challenging any portion of the evidence or police procedure.
The penalties for DUI, in a first offense, are in various ranges, based upon the amount of alcohol that was found to be present in the person's blood. In a first offense, the penalties will include a fine of $400, or imprisonment for not less than 48 hours, and as long as 30 days. The 48 hours of jail time may be served by performing public service, but a person cannot be forced to accept this alternative. In cases in which the BAC level is from .10 to .16, the fines are increased to $500, and 72 hours of jail time or community service. From .16 – 1.0 or higher, the fine is $1,000, with imprisonment for not less than 30 days, and no more than 90 days. These are all penalties for a first time, misdemeanor DUI offense.
A second and third DUI arrest has far more severe penalties and fines, and can include years in prison and thousands of dollars in fines. There is also the aspect of driver's license suspension, which is addressed at DMV hearings. The lawyer from the firm will handle every aspect of your case, including the hearing and the defense in Magistrate's Court at Lexington County Courthouse.
There are some DUI offenses that could allow for restricted driving privileges with the installation of ignition interlock devices, and some DUI offense that will have this requirement for any driving privileges in the future. Your driver's license restoration is important to you and you can be confident that the firm is fully aware of all of the procedures involved in protecting and fighting for your legal right to drive. As a powerful and experience criminal defense law firm, you will be in highly capable hands when you have the firm on your side. They also provide legal services in other practice areas, including family law and personal injury, allowing you to have an attorney you can call upon for a range of legal matters without shifting from one firm to another.
Contact The Laubshire Law Firm, LLC for legal representation after a DUI arrest. The firm is highly qualified and will fight for any advantage for you at every step of the process.