Commencing your legal path with Brendan M. Delaney Law Firm LLC. is a straightforward process crafted to instill confidence from the beginning. Brendan initiates the journey by asking insightful questions about your case, fostering an environment where you feel comfortable and supported, laying the foundation for effective legal representation.
SPARTANBURG DUI LAWYER
DUI Defense in Spartanburg
A DUI arrest in Spartanburg starts two cases at once. The criminal charge is heard in magistrate or municipal court, or in General Sessions for more serious cases, and a separate license suspension starts with the arrest. South Carolina gives you 30 days from the notice of suspension to request an administrative hearing to challenge it, and during that window the DMV can issue a temporary alcohol license so you can keep driving while you wait. Brendan M. Delaney Law Firm LLC defends DUI charges in Spartanburg and across Spartanburg County. Attorney Brendan M. Delaney has practiced in the Upstate for 26 years and has tried cases in eight South Carolina counties. A DUI defense starts with the stop itself, the field sobriety tests, the breath test and the video, because a problem with any of them can change how the case ends.
The Traffic Stop
Whether the officer had a lawful reason to stop you is the first question in every DUI case.
Field Sobriety and Breath Tests
The tests have to be given and recorded the right way. South Carolina requires video of the stop and of the breath test site.
License Suspension
Refusing the breath test, or a result of 0.15 or higher, triggers a suspension. You have 30 days from the notice to ask for a hearing.
DUI and DUAC
DUAC, driving with an unlawful alcohol concentration, is charged when the breath test reads 0.08 or more.
First and Repeat Offenses
Penalties rise with each offense and with the breath test result. A first offense is a misdemeanor, but the record and the license consequences last.
Jury Trial
You have the right to a jury trial on a DUI charge, including in magistrate court.
Where Cases Are Heard
DUI cases start in magistrate or municipal court, depending on who made the arrest. Felony DUI and cases transferred up are prosecuted by the Seventh Circuit Solicitor in General Sessions at the Spartanburg County Courthouse on Magnolia Street.
Before You Call
- Note the date on your notice of suspension. The 30 day window starts there.
- Do not discuss the stop or the breath test with anyone but your lawyer.
- Keep the ticket, the notice of suspension and any bond paperwork.
- Write down where you were stopped, the time and what the officer said.
Common Questions
How long do I have to challenge my license suspension after a DUI?
30 days from the notice of suspension to request an administrative hearing. If you miss the deadline the hearing is waived and the suspension stands.
Can I drive while my DUI case is pending?
Often yes. During the 30 day window you can apply to the DMV for a temporary alcohol license while the hearing is pending.
Is a first offense DUI a misdemeanor in South Carolina?
Yes. It is still a criminal conviction that stays on your record and affects your license and insurance.
Should I plead guilty to a first DUI?
Not before the stop, the tests and the video have been reviewed. Those details decide what your options really are.
Google Reviews
★★★★★
I had up coming court with 3 chargers and Brandon M .Delaney dropped them all for me 1 Of the Best Lawyers In Spartanburg couldn’t ask for anyone Better!
angel nava★★★★★
I went to court today on a probation violation they wanted to fully violate me and send me to prison he got me to serve my sentence on house arrest instead of sending me to prison. He is an amazing attorny he also did my brother an amazing job he got my brother off all his charges he was looking at 5 years. I recommend brendon if you have criminal charges
Brittney Finley★★★★★
Very thankful for everything he’s done for me! I recommend him if you need a lawyer in the Spartanburg County area. I was facing prison time on a probation violation and he got me out of it. Now I’m home with my family and doing the best I can to become a better man. Great guy/Lawyer! For a reasonable fee!
DarrylPast results do not guarantee a similar outcome.