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Frequently Asked Questions

DUI Frequently Asked Questions

  1. My license is suspended, can I get it back? If your license is suspended because you refused the breathalyzer then it will be suspended for 6 months. This is the implied consent laws. Basically to get a drivers license you agree to take a breathalyzer test and or submit to other testing when suspected of a DUI. If you refuse then your license gets suspended automatically. If you blow a .15 or higher then your license will be suspended for one month. There are many ways that you can get your license back. Go to the DMV and speak with them immediately about how you can get your license back.
  2. I want to fight the suspension of my license, what do I do? The DMV is an administrative agency therefore you will have to fight your suspension through them and their processes. On the back of your notice of suspension is a form for you to fill out. This form must be filled out to request an administrative hearing where you can fight with them about your suspension.
  3. If the DMV doesn't suspend my license do I still have to go to trial for the DUI? Yes. The suspension of your license and the criminal charge of DUI are two separate things. Even if you get the suspension removed you still have to deal with the criminal charge of DUI. Also, if you resolve the criminal charge of DUI you will still have to deal with the administrative consequences, meaning you still have to deal with the DMV.
  4. Do I have to take the Breathalyzer? No you do not. You have the right to refuse this test, you have the right to refuse the Field Sobriety test. This will be a violation of the Implied Consent Law and will result in a suspension of your license, but it does not hurt you in regards to the criminal charges.
  5. What are the penalties for DUI? It depends on if it is your first, second, third, fourth, etc. DUI penalties include but are not limited to, jail time, house arrest, probation, fines, license suspension, substance abuse classes, ignition interlock devices, community service, sr22 insurance, and others.

I have been charged with a crime, now what?

  1. First you need to get an attorney. The legal system and process is a complex one and an attorney has the knowledge and experience to navigate it so that you can get the issue resolved.
  2. Once you have been arrested/ charged with a crime, you need to request a preliminary hearing, your attorney can do this for you, but you only have ten days to request this hearing. If you do not have an attorney in this time frame then request the hearing yourself. This hearing is a probable cause hearing. The state will present their evidence to the court and the court will determine if there is probable cause to charge you. This is the first chance to get the case resolved.
  3. Next is a waiting phase. The state will gather all of their evidence and disclose it to your attorney. Once this information is received your attorney will review the evidence with you, and discuss the strengths and weaknesses of the states case. Then they will discuss potential resolutions of the case and advise you on what they believe the best outcome will be.
  4. Then you will wait to go to court to either accept a plea deal or go to trial and resolve your case. If you go to trial, the state will present their evidence against you, while your attorney will argue against the evidence and then will have the chance to present evidence showing that you did not commit the crime. After the trial ends the Jury will deliberate and determine if you are guilty or not guilty. The Jury must agree unanimously on their verdict.

Personal Injury FAQ

  1. I was hurt in a car accident, what do I do? First you need to seek medical attention. Let the Doctors check you out and make sure that nothing is wrong with you or treat you for any injuries they find. Then contact our office so that we can deal with the insurance company while you focus on getting treatment. The police officer will give you an accident report, send a copy of this to our office and take a copy to the DMV.
  2. How do I pay for my medical bills? Most places will not charge you any fees when you tell them that you are there as the result of a car wreck, and that you have an attorney. You will give them our information, and they will send us your bill. You get to focus on getting treatment and we take care of the bill.
  3. What happens to my car after the accident? The insurance company will send an adjuster out to evaluate the damage. If they feel it can be fixed then they will give you an estimate to fix it. You can take the car wherever you want to have it fixed, and the insurance company will pay to have it fixed. The shop needs to communicate with your lawyer and provide you with a quote for the insurance company to approve before they begin any work. If the adjuster feels that the cost to fix it is worth more than the car then they will total the car, which essentially means they will buy the car from you at what they determine the market value to be.
  4. What do I do while my car is being fixed? The insurance company will help you in getting a rental car so that you are still able to get around.
  5. Why do I need an attorney? You need an attorney so that you can make sure you get compensated fairly. The insurance company is going to try and get you to agree to release them from liability. They will offer to pay you money to do this. Their goal is to get you to do this for the least amount of money possible. An attorney will fight with them for you and ensure you get the most amount of compensation possible. The experience, knowledge, and expertise the attorney brings is invaluable and will ensure you the best outcome. You need an attorney so that the insurance company doesn't take advantage of you.
  6. Why should I hire Boatwright Legal? At Boatwright Legal we care about you and your needs. We fight for you, and we are willing to fight in court. Not only are we willing to, but we also enjoy going to trial. We are not going to be bullied or pushed around. More importantly we are not going to let you be taken advantage of. We are here for you every step of the way.

Contract Dispute

  1. We had a contract, but they didn't do what they agreed to, what do I do? Contact Boatwright Legal today. We will file a lawsuit for you. In contract law there are many hurdles and many different reasons to sue someone. At Boatwright Legal we will evaluate your contract and determine the best cause of action to pursue, sometimes this may be more than one. You can take someone to court when the breach the contract and ask the court to either force them to do what they agreed to do, to pay you the money you lost, or to pay you the money you would have made had they performed their duties.
  2. What if the contract was not in writing? Under the law some types of contracts must be in writing, and some do not. Contact us today and we can determine if you have a case or not. Sometimes, even if you do not have a contract, you may still have a case.
  3. What happens if it is determined that I have a case? Boatwright Legal will file a lawsuit on your behalf. Once the lawsuit is filed the defendant will file an answer ( their side of the story). Both sides will then engage in discovery, talking to witnesses, reviewing and finding documents, taking depositions, writing interrogatories, etc. After the initial discovery process has been completed the court will order that the parties to the case engage in court ordered mediation. If mediation does not resolve the case then the parties will prepare for trial and will resolve the case that way.
  4. What is mediation? Mediation is an alternative dispute resolution. In SC, it is required to participate in mediation before you can go to trial. At mediation you will have a 3rd party neutral mediator who will engage with both sides and try to get everyone to agree to a resolution. You do not have to resolve the case this way, but you must participate in it.

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Boatwright Legal is committed to answering your questions about Criminal Defense, Traffic Violations, Contract Disputes, and Personal Injury law issues in South Carolina.

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