Although a misdemeanor, being charged with “drunk driving” is a very serious offense. Even if it is your first one and you did not cause an accident or injure anyone, the stigma and long-term consequences are quite harsh. If convicted or plead guilty, you will lose your license and can potentially lose your job. You will never be able to get reasonable automobile insurance rates once you disclose a prior DUI on your permanent record. While we aggressively defend all types of criminal charges, our primary practice is SC DUI and NC DWI cases.

Our firm Reeves, Aiken & Hightower, LLP, has a team of criminal defense attorneys, including a former SC public defender, a former SC prosecutor, and former NC District Attorney’s Office intern. Our attorneys are licensed in both South Carolina and North Carolina. In South Carolina, we proudly represent individuals charged in York County (Fort Mill, Tega Cay, Indian Land, Lake Wylie, Clover, Rock Hill), Lancaster County, Richland County (Columbia, West Columbia, Blythewood), and Lexington County. In North Carolina, we service all of Mecklenburg County (Charlotte, Pineville, Lake Norman, Huntersville) and Gaston County (Gastonia, Kings Mountain, Dallas).

SC DUI vs. NC DWI Laws

Even though we are neighboring states, the only similarly in the laws is the presumptive legal BAC level of 0.08. All other facets, including how cases are handled and tried, are completely different. That is why it is so important to be represented by experienced criminal defense DUI attorneys from each state.

There are three critical distinctions between South Carolina and North Carolina:

1) In South Carolina, cases are tried before a jury. In North Carolina, the first trial is in front of a judge. If you lose, you can appeal and get a new trial, this time in front of a jury. Judges are appointed by the Governor in South Carolina. They are publicly elected in North Carolina.

2) In South Carolina, all police vehicles are required to have in-car video. There are also specific requirements regarding when the video must be activated and what must be done in front of it. If these rules are not followed, cases can be dismissed on statutory grounds. In North Carolina, video cameras are starting to become more available. However, at trial, we usually have only the officer’s testimony based on a police report.

3) In South Carolina, the arresting officer or prosecutor have the authority to dismiss or reduce a DUI charge. A decision to do so would be based on problems raised with the arrest or evidence. In North Carolina, assistant district attorneys try DWI cases, and there is no reduction option. It is “all or nothing.”

Because the laws are so different, it is critical that you retain a criminal defense attorney licensed and experienced in that State. Compare our lawyers’ credentials. We welcome the opportunity to sit down and review your case. Call us today for a private consultation.

Links: National College for DUI Defense, SC Association of Criminal Defense Lawyers