DUI Attorney in Summerville
Facing A DUI Charge Is Overwhelming—You Are Not Alone
If you were recently arrested for driving under the influence in or around Summerville, you are probably worried about what happens next. A single night can suddenly raise questions about your license, your job, and your record. It can be hard to know where to turn or who to trust.
At Thurmond Kirchner & Timbes, P.A., we help people across the Charleston region who are dealing with South Carolina DUI charges, including those that begin with a stop in Summerville. Our firm was founded in 2005 by Paul Thurmond, Jesse Kirchner, and Michael Timbes, and has grown to a team of 14 attorneys with a large support staff. We are committed to professionalism, respect, and clear communication so you always know what is happening in your case.
Our attorneys offer free initial consultations, so you can ask questions and get straightforward guidance about your situation before making any decisions. To talk with a DUI attorney in Summerville about a charge, you can call (843) 790-0083 or reach out online now.
Understanding DUI Laws in South Carolina
South Carolina’s approach to impaired driving is governed by a complex set of statutes that differentiate between traditional impairment and "per se" violations. Under SC Code § 56-5-2930, it is unlawful to drive a motor vehicle while under the influence of alcohol, drugs, or a combination of substances to the extent that your faculties are "materially and appreciably impaired." This means that even if your Blood Alcohol Concentration (BAC) is below the legal limit, you can still face charges if the arresting officer determines you cannot safely operate a vehicle.
Alternatively, SC Code § 56-5-2933 establishes the offense of Driving with an Unlawful Alcohol Concentration (DUAC). This is a "per se" law, meaning the state only needs to prove that your BAC was 0.08% or higher at the time of driving. Unlike a traditional DUI, the prosecution does not necessarily have to prove you were acting impaired—only that your chemistry exceeded the legal threshold.
Furthermore, South Carolina maintains a "Zero Tolerance" policy for drivers under the age of 21, where a BAC as low as 0.02% can trigger an automatic administrative license suspension. It is also important to distinguish these standard charges from Felony DUI. In South Carolina, a DUI becomes a felony if the impaired driver causes "great bodily injury" or death to another person. These cases carry mandatory minimum prison sentences that cannot be suspended by a judge.
Navigating these distinctions is why engaging a DUI defense attorney in Summerville is critical the moment you are released from custody.
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Penalties of DUI Convictions in South Carolina
The penalties for a DUI in South Carolina are tiered based on the number of prior offenses within a ten-year "look-back" period and the level of your BAC at the time of arrest.
Criminal Penalties
- First Offense (BAC < 0.10%): Can result in 48 hours to 30 days in jail, though public service employment is sometimes offered in lieu of jail. Fines typically hover around $400 plus significant court assessments.
- First Offense (BAC 0.16% or higher): Penalties jump significantly to a minimum of 30 days and up to 90 days in jail, with fines reaching $1,000 plus costs.
- Subsequent Offenses: A second offense within ten years carries a mandatory minimum of 5 days to one year in jail. By the fourth offense, the charge is classified as a felony regardless of whether an accident occurred, carrying up to seven years in prison.
Administrative and Collateral Impact
Beyond the courtroom, a DUI conviction triggers a cascade of life-altering consequences. Your driver’s license will be suspended for at least six months for a first offense. Under the recent "All-Offender" legislative updates, most individuals convicted of DUI must now enroll in the Ignition Interlock Device (IID) program to regain any driving privileges.
The "collateral" damage is often what hits our clients hardest. A DUI conviction is permanent in South Carolina; it cannot be expunged. This means it will appear on every background check for employment, housing applications, and professional licensing boards. Furthermore, you will be required to carry SR-22 "high-risk" insurance for three years, which typically causes premiums to skyrocket.
Steps To Take After A DUI Arrest
The hours and days after a DUI arrest often feel confusing and rushed. Taking a few concrete steps can help protect your rights and put you in a better position once the case moves forward. You do not have to handle all of this alone, but there are actions you can start on right away.
After a DUI arrest, helpful steps can include:
- Reading any documents given to you when you were released. These can include tickets, bond paperwork, and notices about court dates or license-related issues.
- Marking any listed dates on a calendar so you do not miss them.
- Keeping all tickets, bond forms, and notices together in one place.
- Writing down what you remember about the stop and arrest while it is fresh.
- Avoiding detailed conversations about the incident with anyone other than your lawyer.
- Monitoring your mail and email for additional court or license notices.
- Contacting a DUI defense lawyer in Summerville promptly to review your options.
The sooner you speak with an attorney at Thurmond Kirchner & Timbes, P.A., the sooner you can get clear answers about deadlines, potential outcomes, and the choices in front of you.
Contact a Summerville DUI defense lawyer at (843) 790-0083 or reach out online today to protect your right to drive. Our free consultation, top-rated and award-winning team is standing by to provide the guidance you need.
We Give Our Clients Peace & Hope
At Thurmond Kirchner & Timbes, P.A., your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Qualified Attorney With High Character and Integrity"Chris Romeo (and his team) exceeded my expectations when handling an auto accident case for me.- J.W.
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"Masterful Results"No one thinks of litigation as fun, however, in my own complicated case, I can tell you Jesse Kirchner not only made it "fun" but actually, interesting.- L.H.
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"They Work Hard & Get The Job Done For You!"We are very pleased with Christopher Romeo and his Paralegal April Warford. They work hard to get the job done for you.- A.E.
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"I Was Never Once Judged"Mr. Thurman and his staff were very professional and efficient. They worked hard to get my case dismissed.- C.P.
How We Support Your DUI Defense in Summerville
The South Carolina Criminal Defense Process for DUI Charges
The legal journey following a DUI arrest moves quickly, and missing a deadline can result in the loss of your rights before your trial even begins.
- The Arrest and Implied Consent: Upon arrest, you are asked to provide a breath sample. Under South Carolina’s "Implied Consent" law, refusing this test results in an automatic six-month license suspension. However, you only have 30 days from the date of arrest to request an Administrative Hearing to contest this suspension and apply for a Temporary Alcohol License (TAL).
- Bond Hearing and Arraignment: Shortly after being booked, a judge will set bond. Your first court date is typically an arraignment where you are formally charged. We advise our clients never to plead guilty at this stage.
- Discovery and Mandatory Video Review: One of the most unique aspects of South Carolina law is the mandatory video recording requirement (SC Code § 56-5-2953). The officer must record the entire field procedure and the breath testing room. If the officer failed to record the Miranda rights or the field sobriety tests properly, a DUI defense attorney in Summerville may move to have the entire case dismissed.
- Pre-Trial Motions: We file motions to suppress evidence if your Fourth Amendment rights were violated during the initial traffic stop. If there was no "probable cause" for the stop, all subsequent evidence—including the breath test—may be inadmissible.
- Trial or Plea Negotiation: If a dismissal isn't possible, we prepare for trial. Many DUI cases in South Carolina are heard in Summary Court (Magistrate or Municipal) before a jury of six citizens.
Our Approach To DUI Defense
When you contact our firm after a DUI arrest, we begin by listening. During a free consultation, we review your paperwork, discuss what happened, and explain the process ahead in clear terms. We understand that many clients are unfamiliar with the criminal justice system, and we focus on making each step easier to understand and less overwhelming.
Our DUI defense attorneys then examine the details of your case, including the traffic stop, field sobriety exercises, and any breath or blood testing. With a team of 14 attorneys and strong support staff, we provide careful, individualized attention while maintaining high standards of preparation, communication, and professionalism.
Our approach involves a deep-dive investigation into several key areas:
- Challenging the Initial Stop: Did the officer have a legitimate, articulable reason to pull you over? We examine dashcam footage to see if the alleged "swerving" actually occurred.
- Analyzing Video Evidence: We meticulously review the "Suchenski" requirements. South Carolina law is very specific about what must be shown on video. If the officer’s head or feet are out of frame during field tests, or if the audio cuts out, we aggressively pursue a dismissal.
- Scrutinizing the DataMaster DMT: These machines are not infallible. We look at the maintenance logs, the simulator solution changes, and the certification of the officer operating the device.
- Medical and Physiological Factors: Many "clues" of impairment in field sobriety tests are actually caused by inner-ear issues, back injuries, or even natural nystagmus (eye jerking) that has nothing to do with alcohol.
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Why Local Representation Matters
Where your case began often affects where it will be heard. A DUI that starts with a stop in Summerville can move through courts that serve Dorchester County or nearby parts of the Charleston region. Each court can have its own scheduling practices, procedures, and expectations for how cases are handled.
Having a DUI defense lawyer who regularly appears in the area can be helpful. Our attorneys are familiar with how cases typically proceed in Dorchester County and other local courts. This familiarity can make it easier to anticipate when hearings are likely to occur, what paperwork is needed, and how to prepare you for appearances.
Local representation also supports more practical needs. Meeting with a drunk driving attorney who practices close to Summerville can make in-person meetings more manageable when appropriate. It can also make it easier for our team to respond quickly when there are new developments, questions, or concerns about your case.
We serve clients across Charleston and surrounding communities, including those who live in Summerville or were cited while passing through the area. Wherever you call home, our focus is on making a difficult process more understandable and less isolating.
Talk With Our DUI Defense Team in Summerville
At Thurmond Kirchner & Timbes, P.A., we bring together nearly two decades of firm history, a team of 14 attorneys, and a steady commitment to excellence, professionalism, and respect. We invest time and resources in each case and work to keep our clients informed and involved. Your first consultation with us is free, and it is an opportunity to get straightforward answers specific to your situation.
Call (843) 790-0083 or reach out online to speak with our drunk driving attorney in Summerville.
Why Choose us?
Knowledge. Experience. Results.
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12 Attorneys on Staff
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We Educate Our Clients on the Legal Process With Its Inherent Risks & Rewards
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Our Firm Develops a Unique Strategy for Each Case
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We Are Boutique Firm With Large Firm Experience & Reputation
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Each Client Receives Transparent Communication & Personalized Attention
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Your Initial Consultation Is Free & Confidential