A DUI arrest raises immediate questions about what a defense can look like, whether the charge will leave a lasting mark on a record, and how to choose a lawyer to handle the case. The following answers address each of those concerns directly.
Frequently Asked Questions
What will my DUI defense look like?
You hear about the legal limit as .08, and if you’re above that, you’re guilty. But that’s not legally true, because you have a presumption of innocence in a criminal case, and you can’t be presumed guilty and presumed innocent at the same time.
So they set this kind of artificial limit, but when they tell the jury, they say that’s just evidence that they can accept or reject. There are so many other factors, because you’re videotaped. If you’re talking and coherent, that’s really the true test of whether someone’s drunk, as opposed to some random breath test, which can really not be that reliable from what we’ve seen.
Will my DUI charge give me a criminal record?
The record part is kind of complicated. For instance, when you get booked into the county jail, it stays on their website for a year, so somebody can look specifically for you. Other police departments, that really doesn’t stay on there, but the worst case is it’s off there in a year. If you get convicted, it goes on your driving record and it stays on your 10-year driving record.
But most people don’t run 10-year driving records, they run three-year driving records. If the DUI is dismissed and you pay a fine for reckless driving, then the DUI comes off when the case is over. So the short answer is basically no, there’s really not a record out there when the case is over.
How do I find a DUI lawyer to defend me in South Carolina?
The problem is when you get a DUI, it’s completely unexpected. Usually you’re minding your own business, maybe out for the night. Next thing you know, you’re pulled over. You don’t know what’s going on. You’re on the side of the road, then you’re in handcuffs.
You’re taken to jail, your car is towed, and you spend a night in jail. It’s very unpleasant and unnerving. But you should look for a law firm that has the ability to defend you. Look for a law firm that’s had actual jury trials, that has tried these cases, and isn’t afraid to try them. You want somebody who’s going to keep you informed. And most importantly, you need somebody who believes in you, who doesn’t judge you, and who wants you to get out of it.
With nearly 30 years of experience and a background as a former prosecutor, Greg McCollum brings a rare perspective to DUI defense in South Carolina, understanding both sides of the courtroom. Facing a DUI charge can be confusing and overwhelming, but having someone who has tried these cases and stands by his clients can make a real difference in how the process unfolds.
If you have questions about DUI defense, call the Greg McCollum Complete Legal Defense Team at (843) 626-5480. Consultations are confidential.
