Mt. Pleasant DUI Hearings Attorney
Notice for an Administrative Hearing in South Carolina
Following a DUI charge that resulted in a failed or refused chemical test, the arresting officer will issue a Notice of Suspension to the defendant upon their refusal of the breath, blood, or urine test or if the defendant blows a .15 or greater. The defendant has 30 days from the issuance of the Notice of Suspension to file it with the Office of Motor Vehicle Hearings in order to get a hearing challenging the potential suspension and in order to get an in-state temporary alcohol license.
The hearing will primarily aim to establish whether the offender should receive a driver’s license suspension and other penalties like:
- an alcohol and drug education course;
- ignition interlock device (IID) installation;
- associated reinstatement fees
The severity of the penalties will depend on whether the person has prior DUI offenses, what BAC level they possessed at the time of the incident, and whether they were involved in an accident causing great bodily injury or death.
The Hearing and Trial Process
During the hearing, the driver’s license may be suspended for 1 month or 6 months depending on if they blew a .15 or greater or if they refused the breath, blood, or urine test. They will also have to participate in the state ADSAP (Alcohol and Drug Safety Action Program) which costs between $500 and $2500 and can last from a month to several months.
Aside from the administrative process, a DUI charge will also lead to a separate judicial or criminal process. This usually involves going through the court process with a prosecutor and appearing in court to plead guilty or not guilty. If the individual pleads “not guilty,” they can choose a trial by jury or a bench trial, which allows a judge to decide the case. Note that the court may schedule a pre-trial hearing, where the attorney can file motions or negotiate with the prosecutor for a fair resolution.
The trial will begin with motions, jury selection, and opening statements from both sides, and the prosecutor will present any evidence the state has against the defendant, which may include witnesses, video footage, and their BAC test results. The defendant’s lawyer will be able to cross-examine witnesses after this point. At the conclusion of the trial, both sides will make closing arguments, and the defendant will wait for the jury’s decision.
Let Joe Good, Attorney at Law Represent You in Court
If you are facing DUI charges in Mt. Pleasant, South Carolina, you will receive a notice for an administrative hearing following your charge or arrest. The hearing process can be complicated, and trial will often follow a hearing. To better navigate the legal consequences of a DUI charge, whether you are facing a DUI hearing or a trial by jury, consult an experienced DUI attorney for legal support. Joe Good, Attorney at Law is a dedicated DUI lawyer representing drivers throughout South Carolina who can take a look at the facts of your alleged incident and walk you through the hearing process.