Criminal Defense

Criminal Defense 2017-08-30T16:20:27+00:00

Criminal Defense Lawyer in West Columbia, South Carolina

If you’ve been recently arrested in West Columbia, South Carolina, for either a DUI or a criminal charge, it is important to understand that you are innocent until proven guilty. The consequences of having a criminal record or a DUI driving record can be very serious. Individuals who are found guilty face time in jail, lost driving privileges, fines, and may have difficulty receiving federal aid or housing in the future. When your reputation, your freedom, and your future is on the line, you need a criminal defense attorney on your side who can handle your case. The Wayne Floyd Law Offices offer qualified counsel to individuals facing a range of criminal charges. Whether you’re facing a DUI charge, a criminal drug charge, or other criminal arrest, our firm may be able to help you.

Consequences of a DUI in South Carolina

In South Carolina, if you are found guilty of driving a car or vehicle while under the influence of drugs or alcohol, you can face serious consequences. Under South Carolina law, you can be charged with a DUI if your blood alcohol concentration was found to be over 0.08%. However, if your blood alcohol concentration was lower, but officers find other evidence to suggest that you were under the influence of drugs or alcohol, you may also face charges. The consequences of a first-time DUI include:

  • Fines up to $400
  • Jail time up to 30 days
  • Driver’s license suspension up to six months

These penalties do not include other consequences, including increased insurance fees. Second and third offenses carry heavier penalties and sanctions. Furthermore, if you are found to be seriously impaired or if you hurt another person while driving under the influence, you can face felony charges. For instance, if a person suffers bodily injury, you could face fines in excess of $5,000 and jail time up to 15 years.

The consequences of a drunk driving conviction can follow a person for his or her entire life, affecting everything from traveling outside the country to insurance rates. If you’re facing DUI charges, a DUI defense lawyer in West Columbia, South Carolina may be able to assist you. Our firm will take the time to understand the circumstances of your arrest and determine the best possible defense or plea deal for your case.

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Common DUI Defenses

South Carolina is an implied consent state. This means that if you drive, you have consented to submitting to a breath test if an officer suspects you have been driving while under the influence. Refusing to submit to a test can result in automatic license suspension. While this may make it seem that it would be difficult to mount a strong DUI defense, there are many DUI defenses available to individuals facing criminal charges. Here are some common DUI defenses:

  • Improper or illegal stop. In order to pull you over, an officer must have probable cause to believe you were drinking and driving or breaking the law. For instance, weaving within your lane, in itself, may not be probable cause, because weaving within a lane isn’t necessarily breaking a law. However, erratic or dangerous driving may constitute probable cause.
  • Improper testing. Your breath test must be administered properly and legally. For instance, field sobriety testing is known to result in false positives, especially when individuals have certain medical conditions. Breath testing devices must also be properly maintained to be accurate.
  • Civil rights violations. Police misconduct, brutality, or failure to read Miranda rights can also be used to support your defense.

If you’re facing DUI charges, a criminal defense lawyer in West Columbia, South Carolina may be able to help protect your rights. You have the right to a fair trial. You are innocent until proven guilty. Contact Wayne Floyd Law Offices today to learn more.

Qualified Criminal Defense Attorney in West Columbia, South Carolina

If you’re facing a DUI or criminal charge, you may be frightened and intimidated. The legal system can be complex, the terms foreign, and the concepts strange. A criminal defense lawyer can help you navigate the system, protect your rights, and help you get the best possible outcome for your case. Contact the Wayne Floyd Law Offices today to learn more. You are innocent until proven guilty. We can help.