DUI Lawyer · Hanahan, SC

We Have Defended Thousands of Clients Against DUI Charges

Charged with DUI? Get Help Now from a Hanahan, SC DUI Lawyer

The Hanahan DUI lawyers at Kulp & Elliott have the experience you need to defend your DUI charges in SC.

Not only is Timothy Kulp a DUI lawyer but he’s also a former prosecutor, former municipal court judge, and former FBI special agent.

All of which have provided him with the skills and knowledge needed to successfully defend DUI cases in SC courtrooms.

If you have been charged with DUI in Hanahan, there is just too much at stake to risk going it alone or to take a chance on a DUI defense lawyer with less experience or skill.

” Mr. Kulp was a class act, all the way. He took what could have been the worst moment of my life and turned it into an opportunity to reexamine how DUI law is prosecuted in Charleston County. Every step of the way he kept my spirits up and ceaselessly took action to win our case and have my record expunged. Well worth the price! “

– Anonymous, DUI client

Kulp & Elliott | Criminal Defense and Personal Injury Lawyers

If you’re serious about fighting your DUI charges, you need an attorney whose experience speaks for itself.

Timothy Kulp, Charleston DUI Attorney has over 40 years of investigative, courtroom, jury trial, and appellate work and is board certified in criminal trial advocacy.

As a former Judge, Prosecutor and FBI Special Agent, Timothy Kulp has a unique perspective which allows him to look at your case from a different angle to give you a full analysis of your case.

This experience is not something that many DUI attorneys in Charleston and surrounding areas can claim.

” Mr. Kulp was a class act, all the way. He took what could have been the worst moment of my life and turned it into an opportunity to reexamine how DUI law is prosecuted in Charleston County. Every step of the way he kept my spirits up and ceaselessly took action to win our case and have my record expunged. Well worth the price! “

– Anonymous, DUI client

Why Fight Your DUI Charges in Hanahan?

Because the consequences of a conviction are just too great!

The DUI Lawyers at Kulp & Elliott will:

  • Meet with you, talk with you, answer your questions, and confirm that our law firm is a good “fit” for you before accepting your case,
  • Investigate the allegations against you, gathering information from all available sources including discovery motions, subpoenas, FOIA requests, independent witnesses, and SLED’s Datamaster database that contains details about the machine you were tested on,
  • Review all evidence the State intends to use against you, including the patrol car video, any body cam videos, the breathalyzer room video, incident reports, supplemental incident reports, and witness statements,
  • Locate and interview any potential witnesses who may help in your defense,
  • Look for facts that will allow us to suppress any alcohol test results, videos, or damaging statements that were made,
  • Get your case dismissed whenever possible, and
  • Try your case to a jury verdict if the state does not dismiss your charges or offer an acceptable resolution.

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Common Questions About DUI Charges in Hanahan, SC

Driving under the influence does not mean that you drank alcohol and then drove your vehicle – it is not against the law to drink and then drive in SC. 

Buzzed driving is not drunk driving, and SC does not have a “zero tolerance” policy except as applied to minors.

What is against the law, and what the State must prove beyond any reasonable doubt to get a DUI conviction in SC, is that you were:

  1. Driving,
  2. While intoxicated on drugs, alcohol, or a combination of drugs and alcohol,
  • To the extent that your faculties to drive were materially and appreciably impaired. 

If the state cannot prove each of these three elements beyond any reasonable doubt, you are not guilty of driving under the influence. 

For a misdemeanor offense, a DUI conviction can carry severe penalties with long-lasting consequences.

For example:

  • Fines and court costs,
  • Mandatory minimum jail time,
  • Community service,
  • Probation if you are charged with DUI 2nd, 3rd, or 4th offense,
  • License suspensions,
  • License revocation under the SC habitual traffic offender laws,
  • Ignition interlock device (IID) requirements,
  • ADSAP requirements,
  • A criminal record for drunk driving that cannot be expunged,
  • Loss of your right to own a firearm or CWP,
  • Loss of professional licenses,
  • Getting fired from your job and difficulty finding employment, and
  • SR-22 insurance requirements.
One of the first considerations in many DUI cases – and one reason you need to call a DUI defense lawyer immediately if you have been charged with DUI in Hanahan – is the implied consent suspension.

Under SC’s implied consent laws, your driver’s license is immediately suspended if you:

  1. Refuse the breathalyzer, or
  2. Take the breathalyzer and the result is .15 or greater.

If you have received an implied consent suspension, the DMV must receive your implied consent/ DUI administrative hearing request within 30 days of your arrest.

If you miss the deadline, or if you lose the implied consent hearing, you must finish out your suspension (although you may be eligible for a route restricted license), enroll in ADSAP, and, depending on the number of prior convictions for DUI and the breathalyzer result, you may be required to install an ignition interlock device (IID) on your vehicle before you can drive again.

Maybe…

Your Hanahan DUI defense lawyer at Kulp & Elliott understands SC’s DUI laws and how to apply them to the facts of your case.

Our goal is to identify the facts, and the law as applied to those facts, that will allow us to get your case dismissed, negotiate a rewrite of your ticket to a non-DUI offense that will not affect your license, or win your case at trial.

Although we regularly get DUI charges dismissed for our clients, every case is different, and every client’s situation is unique. Some of the more common fact patterns that allow us to get a case dismissed include:

  • The officer did not follow the requirements of SC’s mandatory videotape law,
  • There was no probable cause for the traffic stop,
  • There was no probable cause for the DUI arrest, or
  • There are grounds to suppress the breathalyzer result, videos, statements, or other key evidence that the prosecutor will need for a conviction.

We will review every single aspect of your case to find any defenses that will allow us to get your case dismissed or suppress key evidence that the State will need to use at trial.

Good.

You have the right to refuse the breathalyzer test, and, in most cases, you should. Although the courts have held that the breathalyzer test does not violate the Fifth Amendment right against self-incrimination, they are wrong, and it does. No one should be forced to provide evidence against themselves in a criminal case.

You will, however, need to immediately request an implied consent hearing to ask the administrative law court to rescind the suspension. Once you have requested the hearing, you can get a “temporary alcohol license” that allows you to drive until the hearing date.

Despite the harsh penalties, DUI 1st, 2nd, 3rd, or 4th and subsequent are always misdemeanor offenses in SC. DUAC charges (driving with an unlawful alcohol concentration) are also misdemeanors.

The only DUI offense that is classified as a felony is “felony DUI,” where a person is involved in a traffic accident while intoxicated and causes someone’s death or great bodily injury.

Your DUI defense attorney at Kulp & Elliott will do everything possible to get your case dismissed before trial. If the prosecutor does not agree to dismiss your case, or if they do not offer a resolution that you agree to, however, your case must go to trial.
If you are convicted of driving under the influence, your license will be suspended. Depending on the number of prior convictions and your breathalyzer result, you may be required to install an ignition interlock device before you can drive again, you may be eligible for a route restricted or provisional license, and you will have to complete the ADSAP program.
Considering our experience and track record as DUI defense lawyers in Hanahan, we are not the least expensive DUI defense law firm in SC.

Your Hanahan, SC DUI defense lawyer at Kulp & Elliott will put the time and the resources into your case that are needed to ensure that you receive the best defense possible. We may also ask you to retain expert witnesses who can assist in consultation and testimony regarding the DMT Datamaster machine, blood analysis, standardized field sobriety tests (SFSTs), toxicology, or other specialized fields that apply to your case.

We do not have a single, one-price-fits-all approach to fees in DUI cases – the costs will be determined by the facts of your case and what we think is needed to thoroughly examine your case and provide you with the best defense possible.  

Four (4) Steps To Take If You’re Facing DUI Charges in Hanahan, South Carolina

1. Get a Hanahan, SC DUI Defense Lawyer on Your Side Immediately.

If you have been charged with DUI in Hanahan, SC, you cannot afford to procrastinate or waste time – there are deadlines that you must meet early on in your case.

– Initial court dates:

If you are charged with DUI in the magistrate or municipal (city) court, and you do not appear at your initial court date (found on your blue ticket), you will be convicted in your absence and a bench warrant may be issued for your arrest.

If you appear at your initial court date with no attorney, the court will expect you to 1) plead guilty or 2) have a bench trial with no jury and no legal representation (AKA a long slow guilty plea).

– Implied Consent Hearing Requests:

If the DMV does not receive your implied consent hearing request within 30 days of your arrest on your original implied consent form provided to you during your arrest, you will lose your right to a DUI administrative hearing.

Even more importantly, the State is preparing your case for trial, and there is a trained DUI prosecutor on the other side of your case. You should also have a trained DUI defense attorney on your side.

2. Know your court dates and do not miss any appearances.

Whether you are charged with DUI in Hanahan magistrate or municipal court or General Sessions Court for a DUI 2nd offense or greater, there are some “danger points” where you could end up back in jail for missing a court date.

– Initial court dates.

DUI 1st offense charges in magistrate or municipal court come with an initial court date that you can find on your blue ticket.

If you do not appear at this initial court date (and you or your attorney has not requested a jury trial or gotten a continuance from the court), you can be convicted in your absence and a bench warrant may be issued for your arrest.

– Roll call dates.

If you are charged with DUI 2nd offense or greater, your case will be in General Sessions Court.

You will have two initial “roll call” dates that you must attend unless your attorney has confirmed that you are excused, and, if you miss these roll call dates, the prosecutor will issue a bench warrant for your arrest.

Keep in close contact with your attorney, let them know when you receive any notices or correspondence from the court, keep track of your hearing dates, and diligently attend every court appearance unless you have confirmed with your attorney that you have been excused.

3. Request an Implied Consent Hearing.

Your implied consent proceedings are separate from your DUI proceedings – they are in the administrative law court, and you must request a hearing to set it in motion.

If you do not request your implied consent hearing immediately, you will lose your right to a hearing, and you cannot come back later and request one.

Your best option is to immediately consult with your Hanahan DUI defense lawyer and allow them to request the hearing on your behalf. If this is not possible, do not waive your right to a hearing by doing nothing!

Fill out the implied consent hearing request form that was given to you when you were arrested, and mail it in with the required fees to the address provided on the form.

Then, when you retain a DUI defense attorney, provide them with the documentation showing you have requested your hearing and copies of any correspondence that you have received from the DMV.

4. Do not drive if your license is suspended.

You may have heard of SC’s “revolving door” of license suspensions and revocations. This is where it begins.

If your license is suspended and you are caught driving, you will be charged with driving under suspension.

If you are convicted of driving under suspension, your license will be suspended again – consecutive to the original suspension.

If you are convicted of driving under the influence in Hanahan, SC, then:

  1. Your license will be suspended as a consequence of the conviction, and
  2. The DUI conviction, along with other traffic violations, can result in the revocation of your license as a habitual traffic offender.

Fight your charges, do not accept a license suspension if there is any way out of it, and do not drive if your license is suspended.

Tim Kulp’s Qualifications:
Not Many Can Make This Claim

Here’s what sets him apart:

  • Over 36 years of legal experience
  • Speaker, educator and mentor to other DUI attorneys throughout South Carolina
  • Licensed to practice in local, state and federal courts
  • One of seven in SC who is Board certified in Criminal Trial Advocacy
  • Previous experience as a Judge, Prosecutor, and FBI Special Agent
  • Has represented thousands of individuals charged with DUIs in SC courts
  • A Founder of the National College of DUI Defense

Charleston DUI Lawyer, Timothy Kulp frequently assist clients with DUI and DUAC charges in the Charleston, North Charleston, Hanahan, Mt. Pleasant, Folly Beach and surrounding areas in SC.

Contact us today, and let’s discuss your case, your options, and the necessary steps to get your life back on track.

Tim Kulp’s Qualifications:
Not Many Can Make This Claim

Here’s what sets him apart:

  • Over 36 years of legal experience
  • Speaker, educator and mentor to other DUI attorneys throughout South Carolina
  • Licensed to practice in local, state and federal courts
  • One of seven in SC who is Board certified in Criminal Trial Advocacy
  • Previous experience as a Judge, Prosecutor, and FBI Special Agent
  • Has represented thousands of individuals charged with DUIs in SC courts
  • A Founder of the National College of DUI Defense

Hanahan DUI Lawyer, Timothy Kulp frequently assist clients with DUI and Driving with Unlawful Alcohol Consumption charges Hanahan, SC.

Contact us today, and let’s discuss your case, your options, and the necessary steps to get your life back on track.

Ready to Speak with a Criminal Defense Attorney?

Contact us

Extremely Happy

“ I am extremely happy with the legal service provided by both Mr.Kulp and Mr. Elliot. I would recommend their legal counsel to family and friends. “

- Patrick, a DUI client

Courteous and Professional

“ I also wanted to thank all of you for your courtesy and professionalism throughout all of this without you our son may not have been able to fulfill his dream of a career in the United States Marines. I don’t think any other attorneys could have pulled off this amazing result. Thank you, Michael Armstrong, soon to be the proud Father of a US Marine. “

- Michael, a DUI client

* The Rules of Professional Conduct require disclosure that this is a “Testimonial” about the attorney. Please be aware that any result achieved on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.

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