What rights do I have if I was pulled over for drinking and driving?

ANSWER: The first thing you should do is be calm, cooperative and respectful to the police officer. Even if you believe you shouldn’t have been stopped, there is no point in not being nice, and remember you are being audio and video recorded. If an officer asks you where you are coming from or going to, you can politely decline to provide that information. Those questions are not relevant to what is currently happening, but remember, its probably easier to just respond and even if you decide to not provide that information, be nice. Of course, you must obey the officer’s commands, but you DO NOT have to take field sobriety tests. If you politely refuse field sobriety testes, you will likely be arrested, but if you are out of your vehicle performing those tests, you’re already likely to be arrested.

If I was pulled over for drinking and driving, can I refuse a chemical test?

ANSWER: In SC, there are no roadside chemical tests. You will be arrested and transported to the nearest detention facility where you will be offered a breath test. You DO NOT have to submit to a breath, blood, or urine chemical test for a general DUI charge. If you refuse, your privilege to drive in SC will be suspended for 6 months, and you will be required to attend ADSAP classes. However, you have 30 days from the date of your arrest to challenge the suspension by requesting a hearing with the Office of Motor Vehicle Hearings .

If I believe that I am guilty of a charge, should I still contact a lawyer?

ANSWER: ABSOLUTELY!!!! DO NOT just plead guilty as charged! As an American citizen, you have many Constitutional rights that you should never ever just forfeit unless you receive something in return for giving up these rights. There are many laws and procedures that law enforcement must follow to document a crime. If they fail to follow the laws and/or procedures, it can lead to a reduced charge or even a dismissal for you. I provide a free consultation so it doesn’t cost you anything to call and ask me some questions about your situation.

If I am charged with drug possession, what are the consequences?

ANSWER: The penalties for drug possession vary based on the type of drug and the amount possessed. One consequence common to all drug possession charges are that they are enhanceable. This means the punishment for a second or subsequent offense is greater than that of a first offense.

Why should I hire a lawyer instead of paying my traffic ticket off?

ANSWER: Paying your ticket off means you are pleading guilty as charged. As an American citizen, you have many Constitutional rights that you should never ever just forfeit unless you receive something in return for giving up these rights. DO NOT just plead guilty. You should always attend court or have a lawyer attend for you to attain the best deal. Most traffic offenses will place anywhere from 2 to 6 points on your license. If you accumulate 12 points, you will be automatically suspended. Even if you do not reach that point, most insurance companies will raise your rates due to accumulating points on your license. Lastly, if you hire an attorney, many times that attorney can attend court on your behalf and you will not need to attend. I provide a free consultation so it doesn’t cost you anything to call and ask me some questions about your situation.