Arrested for Drunk Driving? Get DUI Help in Charleston

When drivers are stopped for drunk driving, they face a presumption of guilt that no other type of defendant faces. The police officer can request that they take a breathalyzer test or chemical blood test. The person has no right to speak with an DUI attorney before consenting to this test. The police officer does not have to inform them of the consequences of failing to agree to the test.Therefore a driver might refuse to take a chemical test and then find out that they automatically lose their license for 45 days. On top of that they will have to install a device in their car for 12 months that won’t let them drive until they breathe into a tube and prove they aren’t drunk. When they finally get DUI help in Charleston, their lawyer will tell them that there is no chance of getting a restricted license that will let them drive themselves to work and then back to their home. If no one else is available to drive them to work, they can lose their job.If the driver did agree to a chemical test and fail it, they can request a hearing with the Department of Motor Vehicles (DMV). Their lawyer will argue why they should be allowed to keep their license and the right to drive. The defendant has only 45 days to request this hearing. If they don’t, then the DMV staff will impose the sanction as prescribed by law. In some cases, this can mean a person loses their license for life.In addition to the DMV administrative process, a drunk driver also faces criminal charges that can result in a mandatory jail sentence. Their lawyer will meet with them as soon as they call and be present at the arraignment hearing. That’s where the charges are filed and the judge sets bail. The lawyer will attempt to have the charges thrown out or reduced.If the driver was barely above the legal limit and driving well, the attorney might argue that the police did not have probable cause to stop the car. If the car was stopped because the person left a bar and got in their car, this is not sufficient probable cause. The results of the chemical test could be thrown out and charges dismissed.