Need a DUI Lawyer in Lexington, SC?
After being arrested for DUI, you probably have a lot of questions about what’s going to happen next.
- Who should I call?
- Am I going to jail?
- Will I lose my license?
- Can an attorney get my DUI charges dismissed?
One thing is certain – “time is of the essence” when you are charged with DUI. The potential consequences, if you are convicted, can be severe and long-lasting, and some deadlines must be met early in your DUI case including jury trial requests, initial court dates, and your DUI administrative hearing/ implied consent hearing request.
If you have been charged with driving under the influence, call an experienced DUI lawyer in Lexington, SC immediately who will get your case dismissed, negotiate a resolution that is acceptable to you, or try your case to a jury.
Lexington, SC DUI Lawyer J. Bradley Baker cares about his clients and takes DUI defense seriously.
- Meet with you to discuss your case and answer your questions,
- Request a jury trial when appropriate,
- Request your implied consent hearing if needed and work to get your driver’s license restored to you,
- Investigate the allegations against you,
- Obtain and review all evidence the state intends to use against you including incident reports, videos, and witness statements,
- Identify and interview both prosecution witnesses and potential defense witnesses,
- Use all means available to gather additional information and evidence that may help your case including subpoenas, FOIA requests, and SLED’s Datamaster database,
- Retain experts when needed for consultation or testimony regarding the field sobriety tests, breathalyzer, or blood tests,
- Negotiate with the prosecutor or officer to get your case dismissed or to have your ticket rewritten to a traffic offense that is non-DUI-related, and
- Try your case to a jury if the prosecution does not dismiss your case or make an offer that is acceptable to you.
Your DUI defense lawyer in Lexington, SC has the experience you need to handle your DUI charges, whether you are charged with driving under the influence (DUI), driving with an unlawful alcohol concentration (DUAC), or felony DUI, and we are also prepared to handle your implied consent proceedings on your behalf to help you get your license reinstated.
Learn more about DUI charges in Lexington, SC:
Driving Under the Influence (DUI)
It is not illegal to drink and then drive in SC. “Zero tolerance” is only the law when it comes to underage drinking in SC.
If you are charged with DUI in Lexington County under SC Code Section 56-5-2930, the State must prove that you were:
- Driving a motor vehicle (the vehicle was in motion as you operated the controls),
- While intoxicated on alcohol or drugs,
- To the extent that your faculties to drive were materially and appreciably impaired.
Although your blood alcohol content (BAC) from the DataMaster or blood test may be used as evidence of intoxication, there is no “legal limit” for DUI in SC.
For DUI, the State doesn’t just need to prove what your BAC was – they must prove beyond any reasonable doubt that your faculties to drive were materially and appreciably impaired.
Felony DUI charged under SC Code Section 56-5-2945 requires the state to prove:
- You were driving a motor vehicle,
- While driving, you were under the influence of alcohol or drugs, and
- While driving, your negligence caused another person’s great bodily injury or death.
Felony DUI is a more serious offense than DUI or DUAC, and a conviction can carry significant prison time:
- 30 days up to 15 years for felony DUI resulting in great bodily injury, or
- One year up to 25 years for felony DUI resulting in death.
Driving with an Unlawful Alcohol Concentration (DUAC)
If you are charged with DUAC under SC Code Section 56-5-2933, the state does not need to prove that your faculties to drive were materially and appreciably impaired.
For DUAC charges, the State must prove that your BAC was .08 or greater – regardless of your level of intoxication.
You can still challenge the breathalyzer results if you are charged with DUAC, and you can still work to get the results excluded from your trial.
If you are charged with DUAC, as a practical matter:
- The state must have breath, urine, or blood test results,
- If the BAC results are excluded, the state cannot prove its case, and
- Both you and the state may need to bring an expert witness to trial to testify as to why the DataMaster or blood test results were accurate or inaccurate.
Implied Consent/ DUI Administrative Hearings
Whether you are charged with driving under the influence or driving with an unlawful alcohol concentration, your license is immediately suspended if you:
- Refuse the DataMaster, or
- Take the DataMaster and the BAC result is .15 or greater.
If you have an implied consent violation along with your DUI charges, you or your attorney must request an administrative hearing within 30 days of your arrest.
If you do not request the implied consent hearing, or if you lose the hearing, you will need to finish the license suspension period, enroll in ADSAP, and you may be required to install an ignition interlock device on your vehicle.
What makes us different?
The law firm of J. Bradley Baker continues to grow because they draw from years of experience protecting and defending people facing DUI Charges in Lexington, SC, and surrounding areas.
Lexington, SC, DUI lawyer J. Bradley Baker:
- Has nearly 30 years of legal experience,
- Has tried DUI cases as a former municipal prosecutor as well as for the defense,
- Is a member of the SC Association of Criminal Defense Lawyers (SCACDL) and the SC Association for Justice,
- Will act quickly to help save your license, and
- Provides a free and confidential DUI case review
When you choose our Lexington, SC DUI defense firm to handle your case, you will receive personal attention directly from your DUI defense attorney.
We make communication with our clients a priority, will answer your questions, and will keep you up to date on what is happening in your case throughout the process.