Interviewer: From the moment someone is arrested and charged with DUI what are they facing? What kinds of charges? How many charges? What’ are the time lines?
Freddy: If they are arrested for DUI, their main question that they are asking is what do they do next? Here’s the answer, if you are arrested for DUI and you went to jail that night, you bonded out probably that next morning, are you now at home wondering what to do? After you contact a lawyer, there are some things that you need to know. The lawyer will explain these things to you.
What Do the Forms Mean?
At our firm, we will explain to you that you are going to have a pink form that you are going to get. A blue form that you are going to get and several light pieces of paper. The pink form is a very important one. It is a form from the South Carolina Administrative Law Division.
What it states is that you have a right either if you refused the Breathalyzer test or if you blew over a 0.15 on the BAC test. You have the right to be able to challenge the stop and challenge whether or not if you should have your license.
Respond in a Timely Manner
That challenge has to be received by the South Carolina Administrative Law Department within 30 days of your arrest along with the fee that goes to the law department. For our clients, if they bring that to us, we will fill out that form and fax that form down to the South Carolina Administrative Law Department.
Reinstating a Temporary License
We request an administrative hearing and typically in 10 days or less the client will receive notification from the DMV to go to the DMV, pay a $100.00 reinstatement fee and get their license back temporarily. The license is valid for at least 2 months or so until the next hearing that the Administrative Hearing Office is going to have. That allows the client to drive immediately.
The third thing that you want to remember is DO NOT discuss the case with your family and friends and other people around you. This is because you don’t know who is connected with law enforcement.
Avoid Using Social Media to Discuss Your Case
We live in a digital age. Information travels very quickly. You could actually communicate something on Facebook or a Twitter page that may actually incriminate you if the wrong person sees it.
Listen to Your Lawyer’s Advice
Next, make sure you comply with everything that the lawyer tells you to do. Our goal is the same as the client’s goal. We want to get the client the best possible outcome. That is the benefit of having lawyers with knowledgeable experience, and the benefit of having someone in your corner to fight for you.
Interviewer: There are criminal charges and the DUI, and there are non-criminal charges that affect a driver’s license and their ability to drive, is that correct?
By Freddy Woods