At the Law Office of James R. Snell, Jr., LLC, we have extensive experience defending individuals charged with DUI at Fort Jackson, the U.S. Army base located in Columbia, South Carolina. DUI cases from Fort Jackson are unique in many ways and require specific legal knowledge to effectively defend against the charges.
How Fort Jackson DUI Cases Are Different
Although DUI charges from Fort Jackson are made under South Carolina state law, they are not handled like a typical state DUI case. Instead of being heard in Magistrate Court or local city courts like the City of Columbia Municipal Court, these cases are referred to the United States District Court for the District of South Carolina in downtown Columbia. This is a federal courthouse, and Fort Jackson DUI cases are prosecuted by military prosecutors rather than local solicitors.
To represent someone in a Fort Jackson DUI case, an attorney must be specifically admitted to practice before the United States District Court for the District of South Carolina. At the Law Office of James R. Snell, Jr., LLC, we have this qualification and the experience necessary to effectively represent clients facing these charges.
The Arrest and Court Process for Fort Jackson DUI
DUI arrests at Fort Jackson are typically made by military police officers (MPs). Despite being on a military base, the same requirements that apply to all South Carolina DUI arrests must be followed, including proper field sobriety testing and breathalyzer procedures.
After being arrested for DUI at Fort Jackson:
- Breath Test: The individual is taken to an MP station and offered a breath test.
- Ticket and Release: Following the test (or refusal), they will be given a ticket and released.
- Court Date Notification: Unlike other DUI cases, a court date is not given at the time of arrest. Instead, a letter is mailed to the individual several weeks later with the scheduled court date, which is typically set a few months out.
Challenging a Breath Test Refusal
If someone refuses the breath test after a Fort Jackson DUI arrest, they will receive a Notice of Suspension form. This is a serious matter, as refusing the test or providing a sample of 0.15 or higher triggers penalties under South Carolina’s implied consent law, including:
- Automatic suspension of the driver's license.
- Requirement to complete an expensive alcohol treatment program.
- Installation of an ignition interlock device.
These penalties apply even if the person is later found not guilty of the DUI. Additionally, individuals with out-of-state licenses may face even harsher penalties, making it essential to challenge the suspension promptly.
How We Help with License Suspensions
Our firm assists by filing paperwork with the Office of Motor Vehicle Hearings to contest the suspension. It’s important to understand that this is a separate process from the criminal DUI case. The Office of Motor Vehicle Hearings does not decide guilt or innocence for DUI but rather determines if the license suspension for failing to comply with implied consent laws should be upheld.
We can typically begin the process to challenge these suspensions the same day we are retained, allowing our clients to quickly restore their driving privileges, often within 1-2 business days.
Our Experience and Qualifications
At the Law Office of James R. Snell, Jr., LLC, we bring unmatched qualifications and experience to DUI defense, including Fort Jackson cases:
- James Snell is the author of the book South Carolina DUI Defense: The Law and Practice, a comprehensive guide on defending DUI charges in South Carolina.
- He has completed extensive training in law enforcement DUI investigative techniques, including DWI Detection and Field Sobriety Testing, Advanced Roadside Impaired Driving Enforcement, and is also qualified as an instructor on field sobriety testing.
- All of our attorneys are members of the National College of DUI Defense, demonstrating our commitment to staying at the forefront of DUI defense strategies.
- Our legal team regularly appears in all area DUI courts, allowing us to effectively challenge DUI charges in a wide variety of circumstances.
Our Experience with Fort Jackson DUI Cases
Over the years, we have helped numerous clients charged with DUI at Fort Jackson, including family members and friends of soldiers, as well as civilian employees who work on base. Our firm understands the unique challenges of defending Fort Jackson DUI cases and is prepared to provide the highest level of legal representation.
Contact Us for Help
If you or a loved one has been charged with DUI at Fort Jackson, it is crucial to have a knowledgeable and experienced attorney by your side. Contact the Law Office of James R. Snell, Jr., LLC today to schedule a consultation and learn how we can help protect your rights and your future.
It is best to contact our office and retain us as soon as possible after an arrest. Doing so allows us to help with any implied consent suspension if necessary, and also enables us to begin the defense process by filing discovery motions with the court and notifying the prosecutor's office of our involvement.
Discovery motions are formal requests prepared by our office and signed by our attorneys that require the DUI prosecutors to turn over the evidence collected by the military police regarding the arrest. This typically includes:
- Body camera footage from the arresting officer.
- In-car dash camera videos showing the traffic stop and field sobriety tests.
- Police reports detailing the officer’s observations and actions.
- Breath test results, including maintenance and calibration records.
- Any other evidence gathered by law enforcement during the investigation.
By acting quickly, we can secure and review this evidence early in the case, giving us the opportunity to identify weaknesses in the prosecution’s case and build a strong defense strategy. Call us at (803) 359-3301.