William G. Yarborough

What can happen if you are arrested for DUI this holiday season

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The holidays are a time for celebration with family and friends. They are also a time when police and sheriff’s deputies aggressively pull over drivers and seek to arrest them on drunk driving charges. This happens every year in Greenville and throughout South Carolina. And if you had a drink or two at a holiday dinner or party, you could get caught up in this operation.

It does not matter if you have a clean criminal record or if you have a prior DUI conviction. The consequences of an arrest and conviction during the holiday season can affect your pocketbook, your ability to drive, your reputation and even your freedom — even if you did not get into an accident and nobody was hurt.

The penalties you might face

North Carolina divides misdemeanor DUI into five levels of severity, depending on the facts of the offense. The lowest level offense, Level V, carries a jail sentence of at least 24 hours and up to 60 days. The judge can suspend the sentence in exchange for the offender losing their driving privileges for 30 days or completing 24 hours of community service. A conviction can also mean a fine of up to $200.

These punishments go all the way to Level I, which carries a mandatory jail sentence of between 30 days and two years. The judge cannot suspend the sentence for Level I and II offenses, so you will be serving jail time if convicted. Not a happy way to spend part of your holiday season.

Know your options

Getting arrested is not proof you are guilty, and there may be several things you and your defense attorney can do. It may be possible to get the prosecutor to drop or at least reduce the changes in a plea bargain. And you might get your driver’s license back within a shorter time frame. But you may never know your options if you don’t speak with a defense lawyer.

Frequently Asked Questions

How do I know if I need a lawyer?

If you have been charged with a crime, arrested, or under investigation then you need a lawyer.

When you’re charged with a crime, there may be potential penalties that you’re not aware of. But there are ways to defend against the charges, too. Your lawyer can strategize for your case. They can represent you in court and to the prosecutor, putting their expertise to work for you.

Even if the charges don’t seem significant now, they may affect you in the future. Your lawyer defends your freedom and your best interests. If you’re facing a criminal charge or police investigation, contact a criminal defense lawyer.

What steps should I take immediately to protect my rights?

If you’re arrested or charged with a crime, be polite – but don’t consent to any search. Politely say that you refuse to answer any questions. Don’t resist the law enforcement officer.

Exercise your right to remain silent. This includes law enforcement officers before and after the arrest. It also means not talking to others at the police station, your friends, extended family, and social media. The things you say can be used against you.

Ask to contact your lawyer. Then call us right away. We can represent you at your next court hearing. Save everything that you think may be relevant to the case.

How long will my case take?

Every case has a different timeline depending on the severity and facts of the case. Some criminal charges can be resolved in just a few weeks. Others can take several months.

As your lawyer, William G. Yarborough will help you balance the various factors. It can take time to build defenses and/or negotiate a favorable plea agreement. It may be worth it to wait to go to trial. Other times, it’s best to take a plea deal.

What’s right for you depends on multiple factors. Attorney Yarborough can advise you on what he thinks is your best course of action.

Will my case go to trial?

There may be non-trial options available to you. You may secure a plea bargain or a pre-trial case diversion. Sometimes, preliminary motions can result in charges being dismissed.

However, you always have the right to a trial. In a trial, the prosecutor must prove the charges against you beyond a reasonable doubt.

Most cases don’t end up going to trial. But what matters is your case. Attorney Yarborough will work with you on a personalized case plan that reflects your interests and goals.

If your case does go to trial, Attorney William G. Yarborough is prepared to aggressively defend you in court.

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