Frost First. · Before you sign, settle, or answer questions — call us.(843) 419-6653
Frost Law GroupSummerville, SC(843) 419-6653
Criminal defense · Summerville, SC

Summerville DUI Lawyer

Two clocks start the night you are charged: the criminal case and your driver's license. A former officer who has made these arrests, and who now prosecutes them for the Town of Summerville, explains both.

Schedule a consultation(843) 419-6653

The first 30 days: your license

If you refused the breath test or registered 0.15 or higher, your license was suspended on the spot under South Carolina's implied-consent law (S.C. Code § 56-5-2950 and § 56-5-2951). You have 30 days to request an administrative hearing and can obtain a temporary alcohol license in the meantime. Missing the deadline forfeits the hearing—and the hearing is often the first chance to question the officer under oath.

What South Carolina requires of the officer

South Carolina's DUI video statute (S.C. Code § 56-5-2953) requires the incident to be recorded from the activation of blue lights through the arrest, including the field sobriety tests and the reading of your rights, and requires video of the breath-test room. Missing or incomplete video, when there is no valid excuse, can result in dismissal. Jack knows exactly what the recording is supposed to show because he made these stops.

Penalties for a first offense

Under S.C. Code § 56-5-2930, a first-offense DUI carries a fine or jail time that rises with the blood-alcohol level—from a $400 fine or 48 hours to 30 days at 0.08–0.09, up to $1,000 or 30 to 90 days at 0.16 and above—plus a license suspension, the Alcohol and Drug Safety Action Program, higher insurance (SR-22), and, for higher readings, ignition interlock. Second and subsequent offenses escalate sharply. DUAC (driving with an unlawful alcohol concentration, § 56-5-2933) carries the same penalties on proof of the number alone.

How these cases are defended

  • The stop. Was there a lawful reason to pull you over? A stop without reasonable suspicion suppresses everything after it.
  • The field sobriety tests. Were they administered and scored as the officer was trained, on video, on a suitable surface?
  • The breath test. Observation period, machine records, operator certification, and the required video of the test room.
  • Blood draws. Warrant, chain of custody and lab procedures.
  • The video. What it shows, what it does not, and whether the statute's requirements were met.
  • The paperwork. Implied-consent advisements, the ticket itself and the officer's report, compared line by line to the video.

Court, and one case we cannot take

First-offense DUI is tried in magistrate or municipal court—the Dorchester or Berkeley County magistrate, or the municipal court for the town where you were stopped—with a right to a jury trial. Higher offenses go to General Sessions. One exception: Jack serves as the Town of Summerville's DUI prosecutor, so the firm does not defend DUI charges brought by the Summerville Police Department in Summerville Municipal Court. If that is your case, call anyway and we will refer you to a defense attorney we trust.

Frost first: if you have not yet requested the administrative hearing, that is the first call. The criminal case can wait a day; the license deadline cannot.

Charged with DUI in Dorchester or Berkeley County?

Call today. The 30-day license clock is already running.

Schedule a consultation(843) 419-6653

Questions people ask

Will I lose my license after a first DUI in South Carolina?

A conviction brings a six-month suspension for a first offense, with driving privileges available through ADSAP enrollment and, for higher readings, ignition interlock. A refusal or high breath result triggers a separate administrative suspension you can contest within 30 days.

Can a DUI be expunged in South Carolina?

No. DUI convictions are not eligible for expungement, which is one reason the defense matters so much.

Do I have to take the breath test?

You can refuse, but refusal triggers an administrative suspension and can be used at trial. Whether it helped or hurt depends on facts we will review with you.

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