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What Clarkson & Hale Can Do for Your DUI Case in South Carolina

By Constance Obi · Culture & Recreation Writer

Clarkson & Hale is a law firm in South Carolina that handles DUI defense

Clarkson & Hale is a criminal defense firm based in South Carolina that represents people charged with driving under the influence. The firm works on DUI cases at the state level, handling charges from arrest through trial or plea negotiation. If you have been charged with DUI in South Carolina, understanding what a defense attorney does and how firms like Clarkson & Hale operate can help you make decisions about your case.

A DUI charge in South Carolina carries serious consequences—license suspension, fines, jail time, and a permanent record that affects employment and housing. An attorney's role is to review the evidence against you, challenge how police conducted the stop and any tests, negotiate with prosecutors, and represent you in court. Clarkson & Hale takes on this work for clients throughout the state.

Key Takeaways

  • Clarkson & Hale is a South Carolina criminal defense firm that represents people charged with DUI at the state level.
  • A DUI defense attorney reviews police procedures, test results, and evidence to identify weaknesses in the prosecution's case.
  • The firm can negotiate with prosecutors for reduced charges or penalties, or prepare your case for trial.
  • You should contact a defense attorney as soon as possible after a DUI arrest, because some deadlines—like requesting a hearing on your license suspension—are short.

What a DUI defense attorney examines in your case

When you hire a defense attorney for a DUI charge, they investigate how the arrest happened. This includes whether the police officer had legal grounds to stop your vehicle, whether the officer followed proper procedures during the traffic stop, and whether any breath or blood tests were conducted correctly. South Carolina has specific rules about how these tests must be administered and maintained, and mistakes in that process can make test results unreliable in court.

An attorney also reviews the officer's report, any video from a dashboard or body camera, witness statements, and toxicology results if blood was drawn. They may challenge the accuracy of field sobriety tests, which are subjective and can be affected by fatigue, medical conditions, or uneven ground. The goal is to identify any violation of your rights or procedural error that could weaken the prosecution's case.

How Clarkson & Hale works with the court system

South Carolina DUI cases move through the state court system, typically in the circuit court where the arrest occurred. Clarkson & Hale represents clients in these courts and handles the procedural steps: filing motions, requesting discovery (the evidence the prosecution has), attending hearings, and negotiating with the solicitor's office (the prosecutor). The firm's familiarity with local judges, prosecutors, and court procedures in South Carolina counties can matter in how your case is handled.

The firm can also help you understand your options at each stage. You may be offered a plea deal—a reduced charge or sentence in exchange for pleading guilty—or you may decide to go to trial. An attorney explains the risks and benefits of each path so you can make an informed decision about your case.

License suspension and administrative hearings

A DUI arrest in South Carolina triggers two separate processes: a criminal case in court and an administrative case involving your driver's license. When you are arrested, the officer takes your license and issues a temporary permit. You have only 10 days to request a hearing with the Department of Motor Vehicles to challenge the suspension. Missing this deadline means your license is suspended automatically.

Clarkson & Hale can represent you at the DMV hearing, which is separate from the criminal case. The hearing officer decides whether to suspend your license based on whether the officer had grounds to arrest you and whether you refused or failed a breath or blood test. Winning this hearing does not erase the criminal charge, but it allows you to keep driving while the criminal case proceeds.

Plea negotiation and trial preparation

Many DUI cases are resolved through negotiation rather than trial. A defense attorney works with the prosecutor to discuss the strength of their case and explore whether a reduced charge—such as reckless driving instead of DUI—is possible. These negotiations depend on the facts of your case, your prior record, and the prosecutor's assessment of how strong their evidence is.

If negotiation does not result in an acceptable outcome, the case goes to trial. Clarkson & Hale prepares by gathering evidence, interviewing witnesses, and planning how to challenge the prosecution's case in front of a judge or jury. Trial preparation includes cross-examining the officer who made the arrest and any expert witnesses the prosecution calls, such as the person who administered the breath test.

When to contact a defense attorney

You should reach out to a defense attorney immediately after a DUI arrest. The 10-day deadline for requesting a DMV hearing comes quickly, and waiting too long can cost you your license before your criminal case is even resolved. An early conversation with an attorney also gives them time to request police reports and video, which can be lost or recorded over if too much time passes.

If you cannot afford to hire an attorney, you can request a public defender at your first court appearance. Public defenders are state-employed attorneys who handle criminal cases for people who cannot pay. Either way, having legal representation early protects your rights and gives you the best chance to understand your options.

Understanding costs and how to find representation

Private defense firms like Clarkson & Hale charge fees that vary depending on the complexity of your case and whether it goes to trial. Some attorneys charge a flat fee for a DUI case, while others bill hourly. You can contact the firm directly to discuss costs and what is included in their representation.

If you are searching for a DUI attorney in South Carolina, you can ask for referrals from people you trust, search the South Carolina Bar's lawyer directory, or contact your local bar association for recommendations. When you call, ask about the attorney's experience with DUI cases, their approach to your specific situation, and their fee structure so you can make an informed choice.

Frequently Asked Questions

What is the difference between a DUI and a DUAC charge in South Carolina?

DUI (driving under the influence) means you were impaired by alcohol or drugs. DUAC (driving with an unlawful alcohol concentration) means your blood alcohol content was 0.08 or higher, regardless of whether you felt impaired. Both are serious charges, but they have different legal standards and defenses. An attorney can explain which charge you face and how it affects your case.

Can I refuse a breath or blood test?

You have the right to refuse, but South Carolina has an "implied consent" law. Refusing a test means your license is suspended for a longer period than if you took the test and failed, and the refusal itself can be used against you in court. An attorney can explain the consequences of refusing and what happens next in your specific situation.

Will a DUI conviction stay on my record forever?

A DUI conviction in South Carolina does not go away automatically. However, depending on the circumstances and how much time has passed, you may be able to petition the court to have the record expunged (sealed). An attorney can tell you whether expungement is possible in your case and how to pursue it.

What happens if this is my second or third DUI?

Penalties increase with each DUI conviction. A second offense carries longer license suspension and possible jail time; a third is even more serious. Prior convictions also affect plea negotiations and sentencing. An attorney experienced with repeat DUI cases understands how your record affects your options and can work to minimize the impact.

How long does a DUI case usually take?

Timeline varies widely. Some cases resolve through plea negotiation within a few months; others take six months to a year or longer if they go to trial. Your attorney can give you a realistic estimate based on the court's schedule, the complexity of your case, and whether negotiations are moving forward.