Moncks Corner DUI Defense Lawyer

Many people in the Moncks Corner area and throughout Berkeley County are charged with driving or boating under the influence and think they can’t do anything but plead guilty. However, even if your BAC was over the legal limit of 0.08%, there are still many potential defenses available. Before pleading guilty, speak to our experienced DUI defense lawyer at George B. Bishop, Jr. Attorney at Law. He understands South Carolina DUI and BUI laws and can build a strong defense and potentially beat the charges.

What Are South Carolina’s DUI And BUI Laws?

South Carolina Code of Laws 56-5-2930 states that it is against the law for anyone to drive or pilot a boat in the state when they are under the influence of drugs or alcohol in a way that impairs their mental and physical abilities.

It is illegal to drive or pilot a boat in the state when your blood alcohol content (BAC) is 0.08% or higher. However, the police can also arrest you for driving or boating under the influence if they believe your physical and mental abilities to drive are impaired by alcohol, regardless of your BAC. You also are required, if asked by the police, to submit to a breath or blood test. Your driver’s license may be suspended if you do not assent.

If you are convicted of DUI or BUI< you can get 48 hours in jail for a first offense and up to 30 days. You also will have a $400 fine, drug and alcohol treatment at your expense, and a six-month driver’s license suspension.

What Are Potential Drunk Driving And Boating Defenses?

The state prosecutor will fight hard to convict you; after all, the public strongly dislikes drunk drivers and boaters, and there is strong public pressure for convictions. However, your attorney has several potential defenses available:

Illegal Police Stop

The police must have a reasonable suspicion that you are guilty of a traffic or criminal violation to stop you. If they stop you for no reason, it could be an illegal search and seizure case. If your attorney can prove the stop was unconstitutional, any evidence the police obtained is inadmissible in court.

You Were Not Driving

The law states that it is against the law to drive under the influence. However, in South Carolina, it is legal to sit in the driver’s seat while parked and be intoxicated. The police cannot arrest you even if you have the keys in your hand. As long as you are not driving, you are not ‘drunk’ while ‘driving.’

You Weren’t Allowed To Talk To An Attorney

The police may be overzealous in their questioning in an effort to get an arrest. If they do not allow you to see your attorney when you ask, any evidence they obtained could be inadmissible.

Speak To Our Moncks Corner DUI Defense Lawyer Today

Were you recently charged with DUI or BUI? If convicted, you could go to jail, pay heavy fines, and have a permanent criminal record. Instead, speak to attorney George B. Bishop, Jr. today, who can help you build a strong criminal defense. Just call for a consultation at (843) 761-8213 or use our online contact form.