Montrose, MI DUI and OWI Law Firms & Lawyers

When representing a client on a drunk driving charge, we thoroughly review all aspects of the initial stop, the interaction between our client and law enforcement, and the procedures used in administering the FST, PBT and Datamaster (or blood test). We do this in order to determine what defenses are available and we seek to obtain the best possible outcome for our clients. While it is possible to have the charges reduced, it is difficult to predict how significant of a reduction moght be available until we have had an opportunity to speak with our client and review the police report. I would be happy to discuss your situation with you at no cost.

In relation to the 5th DUI, if you are convicted in South Carolina, the law requires the following: for a fourth or subsequent offense, by imprisonment for not less than one year nor more than five years. If the person's alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent, then the person must be punished by imprisonment for not less than two years nor more than six years. If the person's alcohol concentration is sixteen one-hundredths of one percent or more, then the person must be punished by imprisonment for not less than three years nor more than seven years. (B) No part of the minimum sentences provided in this section may be suspended. Instead of public service employment the court may invoke another sentence provided in this section. For a second or subsequent offense of this section, the service of the minimum sentence is mandatory. However, the judge may provide for the sentence to be served upon terms and conditions as he considers proper including, but not limited to, weekend service or nighttime service in any fashion he considers necessary. It should also be noted that among other possible penalties, it is likely that you will be required to use an ignition interlock device in your vehicle for the rest of your life if you are convicted of a 5th DUI. As for a SC Drivers license upon conviction of a 5th offense, a permanent revocation of the driver's license is required for the fourth or subsequent conviction, plea of guilty or of nolo contendere, or forfeiture of bail. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations in regards to the license suspension part of the law.

Secretary of State - DAAD does not have access to a database of the names of those with MMMA cards. Although, you will swear an oath to tell the truth prior to being questioned, and you will probably be asked whether you have an MMMA card, and most certainly will be asked about your last use of any controlled substance.