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.
It is a crime in South Carolina to drive with a blood alcohol concentration of.08 or more. This law targets and punishes the status of simply having a BAC at or above. While the State is not specifically required to prove impairment beyond a reasonable doubt in DUAC cases, they must prove that there was probable cause that the driver was materially and appreciably impaired in order to justify the arrest. Given the inability of the investigating officer to determine a driver’s BAC at the roadside, the arrest must always be for the impairment based offense of DUI. While the blood alcohol concentration is the heart of the State’s case in a DUAC prosecution every aspect of the investigation is significant and must be tested.
The law permits a jury to consider every part of the case when deciding whether to accept the result of the breath or blood test as proof beyond all reasonable doubt of the true blood alcohol concentration. The prosecution has the very real burden of proving the accuracy and reliability of their evidence, not simply presenting a number from a machine. The arresting officer has the option of changing the charge from DUI to DUAC after the driver’s blood alcohol concentration has been determined from the analysis of a breath or blood sample. The law does not allow the prosecution of both charges out of the same arrest, an officer must chose to prosecute one charge or the other no later than 30 days before the trial date.
Compare Top DUI Attorneys in North Charleston, South Carolina
Driving under the influence means operating a motor vehicle after consuming alcohol or drugs that have impaired a person’s mental or motor skills. Many states also have zero tolerance laws for drivers under 21, where any non-zero BAC level constitutes an offense. Most states also hold commercial drivers, such as truck drivers, to a more rigorous standard. Law enforcement officers use a variety of tests, such as field sobriety tests and breathalyzers, to determine whether a driver is impaired by alcohol. In some jurisdictions, you have a right to refuse some of these tests, but in other jurisdictions you may be required to submit to them.
It is important to know the law in your particular state, and to consult a DUI attorney if you are facing charges. DUI lawyers are criminal defense attorneys focused on representing clients facing DUI/DWI/OWI charges. An experienced DUI lawyer will be able to evaluate the case against you and present your options on how to best limit the impact of the charges against you. DUI lawyers also handle related cases such as driver’s license reinstatement and DUI record expungement. Blood Alcohol Concentration: The percentage of alcohol in a person’s blood.
Field Sobriety Test: Any one of several roadside tests that can be used to determine whether a driver is impaired.
WTAT-TV/DT » Walterboro Officer Resigns Following DUI Arrest
WALTERBORO, SC – A Walterboro city police officer has resigned following his DUI arrest over the weekend. Troopers say 42-year-old Bert Sweat was traveling east on I-26 when he ran off the road near mile marker 172. Sweat was taken into custody and transported to an area hospital for treatment. He was later charged with driving under the influence. Highway Patrol says the vehicle Sweat was driving belonged to the City of Walterboro.
He was reportedly off-duty at the time of the crash.
Man charged with felony DUI in deadly Ravenel crash
CHARLESTON COUNTY, SC – A man is facing charges following a deadly crash on Savannah Highway in Ravenel Thursday night. Clifford Maxwell, 60, has been charged with felony DUI in connection with the crash that killed one person and left another seriously injured. The accident happened in the area of the 4600 block of Savannah Highway and involved two vehicles.