Motorists charged with driving under the influence in Anderson, SC often have no criminal history and therefore have no experience navigating the complex criminal justice system. It is not uncommon for a sober motorist to mimic signs of impairment during a routine traffic stop or subsequent police investigation for driving under the influence. Nervousness, fear, fatigue, illness, caffeine, and physical limitations are a few of the many factors that can cause a sober motorist to exhibit many of the same clues police officers use to identify impaired drivers. The experimental methods used to develop standardized field sobriety tests have not been peer-reviewed or replicated which is the customary method for validation in the scientific community.
DUI convictions have severe penalties from the State of South Carolina and the South Carolina Department of Motor Vehicles. The arresting officer will issue an immediate notice of suspension if a motorist refuses to submit breath, blood, or urine for chemical testing or registers an alcohol concentration of .15 or higher (implied consent violation). A contested case hearing in the South Carolina Administrative Law Court is the fastest and most effective way to mitigate the hardship of suspended driving privileges for refusing to submit a sample for chemical testing or registering an alcohol concentration of .15 or higher. The contested case hearing must be initiated by the defendant and the challenge must be filed within 30 days of the arrest for driving under the influence. There are no exceptions to the 30-day filing deadline.
The short-term impact of challenging an implied consent violation is eligibility for a temporary alcohol license. The temporary alcohol license restores noncommercial driving privileges on a temporary basis pausing the suspension pending the findings of the administrative law court. A South Carolina temporary alcohol license is not route restricted and is available once the contested case hearing is scheduled in the Administrative Law Court. Contested case hearings are held in designated regional locations so the implied consent challenge could be held in a different location or even a different county than the underlying DUI charge.
The discovery process enforces the right for DUI Lawyers to investigate and analyze material and exculpatory evidence on behalf of the client. Anderson DUI Lawyer Travis Newton investigates DUI charges including search forensic lab reports, incident reports, police video recordings, toxicology lab results, chemical test results, witness statements, and all other items of material and exculpatory evidence. The State of South Carolina is required to disclose evidence favorable to the defense including information that could potentially impeach the testimony of unfavorable witnesses.
Anderson DUI Defense Attorney Travis Newton can answer your questions and review the facts of your case. Attorney Newton and his staff of two experienced full-time paralegals keep clients well-informed of important legal deadlines, court appearances, and issues regarding the South Carolina Department of Motor Vehicles. Travis Newton has been Lead Counsel Verified by Thomson Reuters for DUI Defense since 2015 and is a founding member of the American Association of Premier DUI Attorneys. Travis Newton defends clients charged with driving under the influence in Anderson, SC Summary and General Sessions Court including the Anderson Municipal Court, Anderson Magistrate Court, and the Anderson County Court of General Sessions. There are important filing deadlines to challenge a suspension resulting from an implied consent violation so do not wait to contact a DUI Defense Attorney.
Travis Newton Law Firm. 513 North McDuffie Street Anderson, SC 29621 Free Consultation (864) 965-9148.
Free Consultation (864) 965-9148