DUI Lawyer · Mount Pleasant, SC

Represented Thousands (1,000’s) of People for DUI

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

The Mount Pleasant DUI lawyers and Kulp & Elliott have the experience you need to defend your DUI charges in SC. 

DUI defense lawyer Timothy Clay Kulp has over 33 years experience as an attorney, and he is a former prosecutor, former municipal judge, and former FBI special agent. 

Timothy Kulp is one of only seven board certified specialists in criminal trial advocacy in the state of South Carolina, and was selected by his peers as the Charleston Super Lawyer for DUI cases in South Carolina in 2008, 2010, 2011, 2012, 2013, and 2014.

Timothy Kulp is also a founding member of the National College for DUI Defense (www.ncdd.com), and is among a select group of DUI defense lawyers who have completed a multi-day course on infrared spectroscopy at the Mansfield, Ohio DMT Datamaster factory. 

The DUI defense attorneys at Kulp & Elliott regularly defend clients against DUI charges in SC courts, attend DUI defense and trial practice training, and have presented on topics including DUI, breath testing, and analytical software considerations in breath alcohol testing at seminars and training courses for municipal judges, magistrates, and defense attorneys.

” 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 Mount Pleasant?

If you have been charged with DUI in Mount Pleasant, you need an experienced DUI defense attorney on your case immediately.

The DUI Lawyers at Kulp & Elliott will:

  • Meet with you to learn about your case and to ensure we are the right law firm for you,
  • Investigate your case, gathering information on the officer who charged you and the machine you were tested on, and using motions for discovery, subpoenas or FOIA requests as needed to get the information we need,
  • Review the state’s evidence, including the roadside video, the Datamaster room video, the officer’s reports, and statements from any witnesses,
  • Interview potential defense witnesses including sobriety witnesses who can testify as to your appearance and ability to drive,
  • 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.

Ready to Speak with an Attorney?

DUI Charges in Mount Pleasant, SC?

Despite a crusade by the Highway Patrol and  advocacy groups to misinform the public about SC’s DUI laws, 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. 

So, what is DUI? The state must prove that you were:

  1. Driving, 
  2. While intoxicated on drugs, alcohol, or a combination of drugs and alcohol, 
  3. 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. 

Many people who are charged with DUI also have what is called an implied consent suspension. 

If you refuse the breathalyzer test (or urinalysis or blood draw), your license is immediately suspended under SC’s implied consent laws. 

If you take the breathalyzer and blow 0.15% or greater, your license is still suspended under SC’s implied consent laws. 

In either case, you must immediately request an implied consent/ administrative hearing, after which you can get a temporary license to drive until your hearing date. 

If you do not request an implied consent hearing within the deadline, you must enroll in ADSAP, finish out your suspension, and possibly install an ignition interlock device (IID) on your vehicle. 

A DUI conviction in SC can have serious and long-lasting consequences that could include:

  • 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. 

Maybe…

Although we regularly get DUI charges dismissed for our clients, it depends on the facts of your case. If the officer did not follow the requirements of SC’s mandatory videotape law, your case might be dismissed. If we can show that there was no probable cause for the traffic stop or the DUI arrest, your case might be dismissed. If your blood alcohol test results are suppressed and the state cannot prove their case, your case might be dismissed. Our job is to review every single aspect of your case and find any and all defense to present on your behalf.

Good.

You have the right to refuse the breathalyzer test, and, in most cases, you should. The machine is not as reliable as law enforcement would have the public believe, and no one should be forced to provide evidence against themselves in the form of a blood alcohol test.

You will, however, need to request an administrative implied consent hearing to ask a DMV hearing officer to “rescind the suspension” and restore your license. If you do not request the hearing, or if you lose the hearing, you must enroll in ADSAP, serve out the suspension, and you may be required to install an ignition interlock device (IID) on your vehicle.

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.
Considering our experience and track record as DUI defense lawyers in SC, we are not the least expensive DUI defense law firm in SC.

When you retain Kulp & Elliott to defend against your DUI charges, we will put the time and the resources into your case that are needed to ensure that you receive the best defense possible. In some cases, we will recommend that you 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.

This means that we do not have a flat fee amount that applies to every DUI case – we will meet with you and learn about the facts of your case before we discuss financial considerations.

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

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

You may have important deadlines that you must make to preserve important rights, so do not delay in calling your DUI defense attorney.

For example, if you are charged in the magistrate or municipal court, and you do not appear at your initial court date, you can be found guilty in your absence.

If you do appear at your initial court date without an attorney, the court might force you to either plead guilty or accept a bench trial with no jury and no representation (the court rules state that you must request a jury trial in writing well in advance of your initial court date).

Also, if the DMV does not receive an implied consent hearing request on the original implied consent notice form within 30 days, you will lose your right to an administrative hearing where you can ask a hearing officer to restore your license.

The State is preparing your case for trial, and, in most cases, there will be a trained DUI prosecutor on the other side of your case. You should also have a trained DUI defense attorney on your side.

3. Request an Implied Consent Hearing.

If your license was suspended because you refused the blood alcohol test or because your BAC was 0.15% or greater, you must request an implied consent immediately – your attorney can do this for you, or you can send the form in on your own if you do not yet have an attorney.

Implied consent proceedings are separate from your criminal charges for DUI – they are in separate courts (one is administrative and the other is criminal), and one has no impact on the other.

If you win your implied consent hearing, you must still fight the DUI charges in criminal court. Likewise, if you lose your implied consent hearing, you must still fight the DUI charges in criminal court and your license can be suspended in both proceedings.

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

You will have court dates that could result in a bench warrant for your arrest if you do not appear or if you are not excused.

– Initial court dates

If you are charged with a DUI 1st offense in magistrate or municipal court, you must appear at the initial court date found on your blue uniform traffic ticket unless you or your attorney requests a jury trial in writing.

– Roll call dates

If you are charged with a DUI 2nd offense or greater or felony DUI in General Sessions Court, you must appear at your docket appearances and any subsequent roll call dates unless your attorney confirms that you have been excused.

– Other Court Dates

There may be other court dates that won’t necessarily result in a bench warrant if you miss them, but that could result in waiver of important rights or missing critical information about your case, including:

  • Trial dates,
  • Motion hearings,
  • Implied consent hearings,
  • Roster meetings or
  • pretrial conferences, and
  • Preliminary hearings.

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.

4. Do not drive if your license is suspended.

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.

A DUI conviction or a driving under suspension conviction counts as a violation that can result in a license revocation under SC’s habitual traffic offender laws.

Many people get stuck in a “revolving door” of license suspensions, driving under suspension charges, and license revocation – avoid this by not driving until your license is restored, paying all fines and fees to get your license restored, and fighting any charges that would result in a license suspension.

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

Mount Pleasant DUI Lawyer, Timothy Kulp frequently assist clients with DUI and DUAC charges in the Charleston, North Charleston, Hanahan, 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

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.

Ready to Speak with a Criminal Defense Attorney?

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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