Drunk Driving Accident Lawyer Charleston South Carolina
Drivers who are impaired by alcohol or drugs are a danger to everyone around them including other drivers, passengers, pedestrians, bicyclists and even to themselves. If you have been injured in a motor vehicle accident in which the at-fault driver was found to have consumed alcohol, there are claims that may be filed on your behalf other than those against the at-fault driver’s auto insurance and your underinsured motorist insurance coverage. You may also have a claim against a private party, known as a social host, for allowing the at-fault driver to consume alcohol while a minor under age 21. As these claims are highly technical and often require a great deal of resources to prosecute, it is likely in your best interest to seek experienced legal representation to obtain full compensation for all your damages. Unlike some states, South Carolina does not have a specific dram shop act or statute in place regulating this field of tort liability.
Instead, a series of South Carolina Supreme Court decisions cemented our state’s recognition of the moral reprehensibility associated with drunk driving and a willingness to punish all those involved with a terrible act. In these cases, the South Carolina Supreme Court held that establishments licensed to sell alcoholic beverages may be civilly liable for violations of criminal statutes. A) A person engaged in the sale of alcoholic liquors who knowingly sells alcoholic liquors to a person under the age of twenty-one is guilty of a misdemeanor. In South Carolina, any patron with a blood alcohol content greater than 0.08 may be considered intoxicated. At Hughey Law Firm, our team of lawyers uses any and all available resources to discover the extent of your claim, including accident re-constructionists, private investigators, dram shop liability expert witnesses, medical experts, and more.
Since our attorneys work on a contingency fee basis, we will front the costs to prosecute your claim and won’t recoup these costs unless we are able to recover a monetary award from the at-fault parties or their insurance companies. Our lawyers have all the necessary experience to effectively prosecute all of your claims to the fullest extent of the law to obtain a just reward for your injuries suffered as the result of a drunk driving auto accident.
The DUI law underwent a significant change effective February 10, 2009. Anyone convicted of DUI prior to that date faced the exact same consequences no matter what the evidence showed. In all first offence DUI cases the penalty exposure was a fine of $997 or a jail sentence of a minimum of 48 hours up to a maximum of 30 days. Effective February 10, 2009 the penalty range was expanded to provide for a jail sentence of a minimum of 30 days and a maximum of 90 days in the case of a DUI or DUAC first offence where the BAC is a.16 or greater. My DUI Penalty Chart lists the direct sentencing consequences for those convicted of DUI in South Carolina.
The lawyer’s preparation can’t start with your case. An effective DUI Defense lawyer has to understand the evidence used to prosecute DUI cases. The best DUI Defense lawyers know the science and law of field testing, breath testing, blood testing, and urine testing. DUI trial lawyer Drew Carroll has completed the same training program on the administration of Standardized Field Sobriety Tests that DUI enforcement officers are required to complete. Drew Carroll has both been trained and trained other defense lawyers on the science of breath-testing and the operation of the DataMaster/breathalyzer.
In addition to breath-test training and experience, Drew has also received extensive training on challenging blood and urine test result evidence in DUI cases. He has successfully defended cases involving every type of scientific evidence used to prosecute DUI cases.
If the DUI is dismissed, the charge will be automatically expunged. In the event you have multiple DUI’s within a 10 year period, and the officer still charged you with DUI 1st offense, there is a chance the charge is enhanced to the appropriate level based on prior convictions. Requesting that hearing must be done within 30 days of the arrest, and will make you eligible for a temporary driving privilege. Every job is different, and some require a duty to report arrests and/or convictions. It is important to speak with a DUI lawyer about your specific employment to determine what you are required to disclose to your employer.
If your home state finds out about the arrest and/or conviction, they may impose their own suspension on your license. It is important to consult with a DUI lawyer before doing anything, as it may be advantageous to wait before doing anything until you know more about your case. You may still be arrested for DUI in a parked car if there is other evidence that you were recently driving. DUAC merely requires proof that you were driving with a BAC above 0.08. It is not necessarily illegal to drive after consuming alcohol and/or medication unless the State can prove you were impaired.
In the event you’re arrested for DUI after consuming alcohol and/or medication, the burden is on the State to prove impairment. This allows for a DUI lawyer to review those videos to determine if the officer was correct in his belief.