Legal Question in DUI Law in South Carolina

Hello, I am in South Carolina and I was recently pulled over for speeding. It was 2:00am I had only drunken a little that night and the officer made me take sobriety test. After that I was taken to the station where I took the breath test and it registered a 0.16.

I cooperated with the officer and every way.

The officer charged me with DUAC and he said my license would be suspended for 30 days.

My bond was around 2200. I bonded out and now my court date is a month from now.

My cousin is a police officer in SC and he told me that I should get an attorney or public defender and try and make a deal with the officer and solicitors office for a lesser charge since its a DUAC such as reckless driving. He even told me to write a letter to the officer apologizing for that night and being out there. He told me to do this because the officer has the power to rewrite a ticket or speak to the judge about dismissal as well as a lighter punishment. He told me to try and avoid the actual court date and plea before.

I am confused on what to do though. I know that I cannot get out of it completely but I would like to know if you think the above advice was a good suggestion.

I do not have a great deal of money either I only work part time so and have a 2.5 year old son. What would be better to do get an attorney or a public defender. The most money I have to spend on either is about $400.

What are the chances of me getting jail time?

I have never been in trouble with the law in my life except for a small traffic ticket. What could possibly be the outcome.


Asked on 11/09/09, 4:45 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

I'm afraid the you have received some bad advise. First of all, its possible that your license has been suspended for 30 days. But its more possible that your license has been suspended for 6 months. The DUI law drastically changed in February, 2009, and that includes the suspension period. I handle a lot of DUI cases and the ones that I have had since the new law was past, suspended the person's license for 6 months. Read your paperwork very carfully. Also be aware that its possible that you were given one of hte old forms from before the new law was passed back in February.

As far as writing the police officer, there is not harm in trying. But to be perfectly honest with you, it is highly unlikely that it will help. I have people ask me about this all the time. I am also asked if it will do any good to have someone talk with the officer and people tell me that they know the police chief, or their cousin is a Capt. on the force, and so on. There is nothing illgal about this, but don't get your hopes up. If you write the officer a letter, chances are you will never hear from him. And do not do that or anything else on this case without a real consultation with an attorney.

DUAC is different from a regular DUI and doesn't have the requirement of impaired driving. The breathalyzer results of your case is on the high side. I have seen many people with results much higher than .16. But I have seen many with lower results. I'm afraid that .16 is will be considered by the prosecutor as serious. But don't give up. I have had many DUI's reduced to Reckless Driving with higher results than yours.

If this is a DUI First Offense, then you cannot qualify for a Public Defender.

As far as jail time, there is a real good chance that you will not have to serve any time. But again, you need a lawyer to be on the safe side.

You didn't say where this happened. My office is in Horry County. If your case is near my office I could help you for not too much money. I'm only making that offer because I don't predict that your case would be very hard to deal with.

Robert Johnston

843-828-1137

[email protected]

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Answered on 11/14/09, 6:18 pm


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