DUI DEFENSE ATTORNEY

DUI & DWI LAWYER

John Mobley’s DUI Defense Attorneys, in either Columbia or Greenville South Carolina, will ensure your rights are protected and fight to keep you from facing serious or criminal penalties in DUI defense cases. South Carolina has strict laws against drunk driving.
If you were arrested for DUI:

  • DO NOT immediately plead guilty before speaking with an attorney.
  • DO NOT answer how much you have had to drink.
  • DO NOT perform roadside sobriety tests.
  • DO NOT take a breath test. NOTE: refusing this test probably will get your license suspended, but your lawyer can get it reinstated for you.

You might have options! For example, even if you were technically over the legal limit, our DUI defense attorneys know you could still have a viable defense. John Mobley’s Law Firm of DUI Defense Attorneys will do what it takes to uncover any details that will help your case.

DUI law is complex and very technical. John Mobley has been a DUI defense attorney on a large number of DUI cases and regularly furthers his education and understanding of DWI law.

Your DUI Defense Lawyer will ask you important questions, such as:

  • Did the officer have sufficient cause to stop your vehicle?
  • Did he or she properly conduct sobriety tests?
  • Was the breath test administered properly?
  • Were your constitutional rights violated?

By asking these questions and investigating the facts of your case, your DUI defense attorney John Mobley might uncover errors that could lead to a dismissal or acquittal or – at the very least – be used as leverage to obtain a favorable outcome for you.

For more information about your DUI lawyer and our experience, give John Mobley Law Firm a call!

According to the South Carolina Department of Safety,

South Carolina law prohibits a person from driving a motor vehicle while under the influence of alcohol to the extent that the person’s faculties to drive are materially and appreciably impaired. If you have a BAC of 0.08 percent or higher, it will be inferred that you were driving under the influence. If you have a BAC that is at least 0.05 percent but less than 0.08 percent, your BAC level may be considered along with other evidence to infer that you are under the influence. If you are convicted of driving under the influence of alcohol, you face:

  • A fine of up to $400 ($992 with assessments and surcharges) and/or imprisonment from 48 hours to 30 days and suspension of your driver’s license for six months for a first offense.
  • A fine of $2,100 to $5,100 ($10,744.50 with assessments and surcharges) and imprisonment from five days to one year and suspension of your driver’s license for one year for a second offense.
  • A fine of $3,800 to $6,300 ($13,234.50 with assessments and surcharges) and imprisonment from 60 days to three years and suspension of your driver’s license for two years for a third offense. If the third offense occurs within five years of the first offense, your driver’s license is suspended for four years. If the third or subsequent offense occurs within 10 years of the first offense, the vehicle used must be confiscated if the offender is the owner or a resident of the household of the owner.
  • Imprisonment from one to five years and permanent revocation of your driver’s license for a fourth or subsequent offense.

Temporary Licenses

Based on the nature of your DUI, your DUI defense lawyer John Mobley will help you determine the type of temporary licenses you qualify for that are available:

  • Temporary Alcohol License (TAL) – According to the South Carolina Department of Motor Vehicles, you may be eligible for a temporary alcohol license (TAL) within 30 days of a DUI. The Tal is a license that has no route restrictions and you can drive anywhere in the state of South Carolina but you cannot drive outside the state unless you get permission from a judge. While the results of your hearing are pending, you may receive a TAL for $100 along with $200 fee for the hearing.
  • The TAL is valid up until the time the judge renders a decision at your Administrative Law Court hearing. If you contest the hearing, the decision of the judge will not be made the same day as the hearing. In fact, it may take months or even up to a year for the decision to be rendered. You can still drive legally with your TAL until the decision is rendered from the Administrative Law Court. If the decision of the Administrative Law Court takes longer than one year, you have to renew your TAL. A TAL is only good for up to a year. A TAL is no longer valid once the decision of the Administrative Law Court is rendered.
  • Provisional License – According to the South Carolina Legislature, If you are convicted for a first DUI offense, you may apply for a provisional driver’s license, which allows you to legally drive only to and from work, school, the grocery store, medical appointments, and required Alcohol Drug Safety Action Program (ADSAP) classes. In order to be approved for a provisional license, you must have a valid South Carolina driver’s license, there are no other license suspensions on your record, you have enrolled in ADSAP, you have an SR-22 insurance certificate, and you have an ignition interlock device (IID) installed in your vehicle (for offenders with a BAC of at least .15 percent). This license costs 400 and remains valid until the license suspension is over.

  • Route Restricted License – If you were convicted of a second or subsequent DUI offense, you are not eligible for a provisional license. However, you can still obtain a “route restricted license” that enables you to drive to and from work, school, court-ordered rehabilitation, and/or ADSAP courses. This license may only be obtained once in your lifetime. If you’ve been suspended for not paying child support or driving under suspension (1st or 2nd offense within five years), you may be eligible for more than one route restricted license in your lifetime. This license also costs $100 and remains valid until the license suspension is over.

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