Being charged with a DUI in South Carolina raises a lot of immediate questions, from whether your license is suspended to what happens at your first court date. Greg McCollum of the Complete Legal Defense Team answers three of the most common questions people ask after a DUI arrest.
Frequently Asked Questions
Is Your License Suspended After a DUI Arrest in South Carolina?
It seems like a person charged with DUI, their license is always suspended. Most of the cases we get, most of the calls we get, that’s something that is the most important thing to correct. Now, technically or legally, if you take the breath test and you blow a 0.14 or below in South Carolina, your license is not suspended.
If you do blow over that, it is automatically suspended. And if you refuse to take the breath test, it’s suspended. Most people refuse to take the breath test, which is their right, and that’s what most people recommend. That’s something that we would focus on immediately.
Will I Go to Jail for a DUI?
That’s a good question because everything you hear is that it carries up to 30 days in jail and there’s a mandatory minimum and all this stuff. But in our experience, all the cases that we’ve done, which are hundreds and hundreds of cases, if not thousands, for DUI first, we’ve never had anybody go to jail.
Now, when you get arrested, you go to jail, and that’s traumatic, but the question is, when your case is resolved, are you going to jail? No, you’re not going to jail. It’s something that can be worked out. If we get your DUI dismissed, which is our goal, then you’re certainly not going to jail.
Do I Have to Go to Court for a DUI?
As confusing as it is, because when you’re in jail in the bond hearing and the judge gives you a court date, that court date comes up quickly, sometimes within a week, sometimes two weeks out. So it seems like you’re going to court right away, but you’re not.
What’s going to happen is you have a right to a jury trial. The first thing we’re going to do is demand a jury trial, and what that does is automatically delays your case for about 5 to 6 months at that point. Then there’s a process that we go through, and in a lot of cases we go to court for you, but you may never go to court.
With nearly 30 years of experience and a background as a former prosecutor, Greg McCollum brings a rare perspective to defending DUI charges in South Carolina. If you have questions about DUI charges, license suspension, or what to expect in court, call the Greg McCollum Complete Legal Defense Team at (843) 626-5480. Consultations are confidential.
