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DUI Process

THE MYRTLE BEACH DUI PROCESS AND WHAT TO EXPECT

The DUI process and laws are complex and oftentimes confusing. Thus, getting Myrtle Beach DUI Attorney Regina Ward involved as soon as possible is important to your case because she may be able to help you avoid a conviction. Every case is different and will not all follow the same process. This is why each case should be evaluated by an attorney. The DUI process begins after you are arrested and charged with a DUI and generally is as follows:

Bond Hearing:

After you have been arrested you will be booked, fingerprinted and photographed. You will then have a bond hearing. Depending upon certain factors you may be required to pay a bond. However, Myrtle Beach DUI Attorney Regina Ward can help you in the bond process to possibly get you released without posting bond.

License Suspension:

If you refused to take the breathalyzer test or blew a .15 or above then your driver's license will be automatically suspended. The suspension is a civil violation and is handled separately from your DUI arrest in the Administrative Law Courts. Attorney Regina Ward can request an Implied Consent Hearing, which will allow you to get an immediate license to drive while you await the court date.

Implied Consent Hearing:

If your license is suspended you can contest your suspension but you MUST file for the hearing within 30 days of your arrest. If you do not request the appeal hearing within 30 days you lose your right to appeal the suspension. Call Myrtle Beach DUI Attorney Regina Ward to help you file the appeal.

Solicitor Assigned to Prosecute:

A solicitor will be assigned to prosecute your DUI.

Discovery Process:

You have a right to have access to and review all evidence the solicitor has gathered against you. Myrtle Beach DUI Attorney Regina Ward will serve a motion on the solicitor requiring him/her to produce all of the evidence against you so she can see what can be challenged or discredited ' in order to beat your DUI.

Plea Offer/Bargain Phase:

After the solicitor has reviewed the evidence collected by the arresting officer, the solicitor will decide whether to pursue prosecution. If the evidence is flawed the solicitor may make a plea offer of the actual charge against you or he/she may make an offer of a reduced charge. Myrtle Beach DUI Attorney Regina Ward can help you determine if the offer should be accepted or challenged.

Pre-Trial Motions:

After reviewing the evidence against you Myrtle Beach DUI Attorney Regina Ward will decide whether to file any motions to challenge the evidence including motions to suppress the evidence. Successful motions will result in the charges being dismissed against you or being reduced to a lesser charge.

Roster Call:

This is a court appearance wherein your trial date is scheduled. If you have Myrtle Beach DUI Attorney Regina Ward representing you, you will not have to appear at this hearing.

Jury Trial:

If Myrtle Beach DUI Attorney Regina Ward cannot find a legal basis to have the charges dismissed or reduced against you, she will request a jury trial and diligently litigate a defense for you if you choose to take it to trial. The State has the burden of proof to show that you were materially and appreciably impaired.

Sentencing:

If the jury finds you guilty of DUI, the judge will impose a sentence commensurate with your charges according to the law.

Always note, just because you were arrested for DUI, does not mean you are guilty.

Call Myrtle Beach Attorney Regina Ward today at 843-488-9273 for your FREE DUI EVALUATION.