Rock Hill DUI Lawyer

Trusted Rock Hill DUI Attorney

The punishment for a DUI conviction is severe. Even if you avoid jail, a conviction may restrict your ability to drive, reach deep into your wallet and establish a criminal record that shadows your life for years to come. At our firm, Christopher A. Wellborn, P.A. , our Rock Hill DUI lawyer can advocate for you if you are charged with driving under the influence (DUI).

At the helm of our firm is a former prosecutor who draws on 30 years of experience in DUI (DWI) cases to challenge the evidence against you. We take drunk driving cases in York County and the surrounding counties of South Carolina. We represent first-time and repeat offenders, truck drivers, Winthrop University students and out-of-state drivers. Contact us for a free initial consultation.

DUI Statistics in South Carolina

Driving under the influence isn’t just a problem in Rock Hill or York County. In 2023, South Carolina saw 413 fatalities in crashes involving alcohol, according to the state’s Department of Public Safety. That number accounted for about 39% of the state’s 1,047 overall traffic deaths last year.

About 43% of traffic fatalities in South Carolina were alcohol-impaired in 2022. DUI remains a high enforcement priority on I-77 and other roads with heavy commuter traffic between Rock Hill and communities throughout York County and the Charlotte metro area.

Penalties for a DUI Offense

A first offense carries a possible jail sentence plus a six-month license suspension. To get a restricted license to drive to work or school, you must enroll in an Alcohol and Drug Safety Action Program (ADSAP). An initial assessment determines what education and/or treatment services are appropriate based on need. There is no set timeline for ADSAP completion, and it can take as long as 12 months.

Drivers pay for their own ADSAP services. Prices vary based on what education/treatment the driver needs. If you do not complete the program, you may not be able to have your full driving privileges restored after the initial suspension period.

To have your license reinstated after your suspension period, you must also purchase special SR-22 insurance for three years. SR-22 does not refer to a specific type of auto insurance. Rather, it’s a certificate filed by the insurance company to prove a driver has the state’s required coverage. The conviction can affect employment, scholarships, athletic eligibility and other facets of your life.

Since an SR-22 filing signals to insurance companies that the driver is high risk, carrying the required coverage may also lead to significantly higher insurance rates. Failing to maintain coverage for any amount of time during the required filing period can be reported to your state and can result in another license suspension.

A second DUI conviction carries mandatory jail time and a one-year license revocation before you can drive again. As it stands under current law, a person convicted of a first DUI offense is required to participate in the Ignition Interlock Device Program by getting an ignition-interlock restricted license and installing the device for at least six months. Second offenses require two years of an ignition interlock device.

These penalties are enhanced if your BAC was .16 or greater, and a conviction for a third drunk driving offense can result in even more serious DUI penalties.

Why You Need to Contest a DUI

South Carolina does not have diversion programs that keep a DUI conviction off your record. We can make every effort to have your case dismissed or reduced to a charge such as reckless driving or driving too fast for conditions.

There is no incentive to plead guilty to a straight DUI. If the prosecutor won’t offer a reasonable plea bargain, we are prepared to go to trial because of everything that is at stake for our clients. We have successfully challenged cases on the basis of probable cause for the traffic stop, police car video of field sobriety tests and the arrest, failure to give Miranda or implied consent warnings, and professional testimony about the blood alcohol readings.

Driver’s License Suspension Hearings

Your license may be suspended at the time of your arrest. If so, you must request an administrative hearing within 30 days of your arrest. These hearings are important for two reasons:

• If you win, you retain your valid license; if you lose, you can still get a restricted license.
• It gives us a chance to review the evidence so that we can determine how to best defend your case.

Why Hire a DUI Lawyer

Handling a DUI charge involves much more than identifying whether the driver had a blood alcohol content over the legal limit. Your Rock Hill DUI attorney can review whether the officer had reasonable suspicion to pull you over in the first place.

Your attorney can also look into how the field sobriety testing was conducted and whether breath or blood testing was administered according to state procedures. Footage from the officer’s patrol car or body camera may also reveal information that contradicts the police report.

Knowledge of the local court can also play a role if your DUI case goes to trial in York County. DUI stops on I-77, Cherry Road, Dave Lyle Boulevard, Celanese Road, and other major roads throughout Rock Hill may be handled by different law enforcement agencies and use different evidence.

FAQs

What Are the Penalties for a First-Time DUI in Rock Hill?

Penalties for a first-time DUI in Rock Hill vary based on the offense and circumstances surrounding the case. First offenses can lead to jail time, a six-month license suspension, mandatory enrollment in the Alcohol and Drug Safety Action Program (ADSAP), and costly SR-22 insurance requirements. It’s important to hire a DUI lawyer who can inform you of the potential penalties you may face.

What Should I Do if My Driver’s License Is Suspended After a DUI Arrest?

After your driver’s license is suspended after a DUI arrest, you must request an administrative license suspension (ALS) hearing within 30 days of arrest to contest the suspension and possibly obtain a restricted license during the suspension period. Be sure to ask what your expectations are going forward and abide by all requirements given to you.

How Does a DUI Conviction Affect My Driving Privileges Long-Term?

The length of time that a DUI conviction affects your driving privileges long-term depends on the offense and whether it is a first or subsequent charge. Repeat offenses result in longer license revocations, mandatory ignition interlock devices, higher fines, and increased insurance premiums, with penalties amplified for high BAC levels or aggravating factors.

Can I Refuse a Breathalyzer Test in South Carolina?

Drivers in South Carolina may refuse to take a breath test following their arrest for DUI. However, drivers should be aware that refusal to take the test may result in penalties under South Carolina’s implied consent law, which can include the immediate suspension of the driver’s license. This is separate and distinct from any punishment that may be imposed if convicted of DUI. Drivers may be able to contest the suspension in an administrative proceeding.

Get The Aggressive Defense Strategy You Need

If you were arrested for DUI or driving with an unlawful alcohol concentration (DUAC), our South Carolina criminal defense attorney understands DUI laws and can offer the experienced and aggressive defense you need. Contact us online or call our Rock Hill office at (803)366-1065 to advocate for you, protect your rights, and minimize the impact this can have on your life.

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