Frequently Asked Questions Regarding DUI
I understand the need for information and answers, I am dedicated to providing this for my clients, and if you have additional questions regarding your situation, then do not hesitate to utilize the free case evaluation that I offer. Your case is important to me, and I can provide you with the legal assistance that you need.
Do I have to perform a field sobriety test?
No. It is your right as a South Carolina resident to refuse a field sobriety test, and you cannot be penalized for doing so. There is, however, an implied consent law in South Carolina which means that if you are driving on these roads, then you consent to a chemical test. If you refuse the chemical test, then your license will automatically be suspended for six months.
What if I blow less than the legal limit?
In the state of South Carolina, the legal BAC (blood alcohol content) limit is 0.08%. If you take a breathalyzer test and you blow at or above this limit, then you will be arrested and charged with DUI. There are cases, however, where an officer will make an arrest if you blow a 0.07%, or 0.06%. As long as the officer deems you impaired, you could be arrested and charged with DUI. Whether or not you are convicted is an entirely different matter.
I have been arrested. What should I do?
First, remain silent. Your Fifth Amendment rights allow you to remain silent and any information that you provide could be used against you at a later time. Second, seek legal representation immediately. The sooner you retain assistance, the more time you will have to build a defense of your case.
Do I need a lawyer?
There is no requirement that you retain a lawyer; however, you will benefit from having an experienced Lexington, SC DUI attorney on your side. An attorney who understands the state's laws and has years of experience, like Attorney Andrew B. Farley, can help defend you against criminal charges and possibly get your charges reduced or dismissed.
Defending You in Court
I understand the anxiety, the fear, and the many other emotions that you may be experiencing regarding this charge. It is important that you are well-informed of the various nuances of your case, and that all unnecessary fear is dispelled. Clarity of thought is important in these cases, and it is a waste of energy to worry about impossible outcomes. Let me work with you to provide you with the peace of mind that you need, and the skillful defense of your case that will effectively pursue your rights in court.