Jump to Navigation

South Carolina Criminal Defense Law Blog

Defend against a South Carolina DUI charge

South Carolina drivers arrested on DUI charges will be pleased to hear that a DUI arrest, even if it comes with a breathalyzer test that seems to prove a high alcohol content, will not necessarily result in a DUI conviction. Indeed, it is important to remember that breathalyzer tests results are not always accurate, and state courts are fully aware of this fact.

According to South Carolina DUI law, for example, a failed breathalyzer test is not sufficient evidence to prove someone is guilty of drunk driving. State prosecutors must also show evidence of impairment. This is why police submit drivers to field sobriety tests and take detailed notes with regard to the outward behavior and appearance of drivers.

What will make my DUI punishments worse?

A DUI conviction could result in severe criminal penalties like jail time, probation, hefty fines, license suspensions and community service punishments. Depending on the facts surrounding a South Carolina resident's DUI arrest, the penalties could be made worse. In this regard, what circumstances serve to elevate the severity of DUI punishments?

First, drivers who have a history of prior DUI arrests and violations could be subjected to harsher penalties. If the motorist was driving a commercial vehicle when he or she got arrested, then the penalties will also be more severe. If children are present inside a vehicle at the time of arrest, this will serve to elevate punishments in the event of a conviction, too.

Common criminal defense strategies

In the field of criminal defense law, attorneys represent clients in a wide variety of circumstances. Sometimes, the accused person is completely innocent of the crime, but in other cases, the person actually did commit the action. In cases where the accused person committed the act, a South Carolina defense attorney might use different tactics to give a viable reason for why the act was committed.

One common criminal defense along these lines is referred to as defense of restraint. In this defense, an attorney will assert arguments to illuminate the fact that the suspect committed a particular criminal act because the suspect was not able to control his or her actions. For example, harsh weather conditions could throw a vehicle out of control and push it away from the scene of a recent crash. In such a case, the driver would not be able to stop the car at the accident scene, as is required by law. Alternatively, perhaps an individual was forcefully administered illegal drugs or forced at gunpoint to commit a criminal act.

South Carolina driver arrested after fleeing DUI accident

A 29-year-old South Carolina man was arrested on drunk driving charges early last Wednesday. Police charged him with hit-and-run relating to a car crash that left his friend injured. The man faces charges of second offense DUI, driving with a suspended license and fleeing an accident involving injuries.

Fortunately, the 27-year-old man that was injured did not suffer catastrophic injuries. He was treated at a local hospital and released the following day. The arrested driver also escaped injury, but his criminal record, which includes a DUI conviction from another state, did not escape unscathed. Fortunately, though, the driver will not face felony-level DUI charges, which police originally tried to pin on him, because his friend was not injured badly enough.

South Carolina drug related charges compared to age demographics

The Wall Street Journal has issued a report showing that more elderly Americans than ever are using illegal narcotics. This has resulted in more aging Americans getting arrested for drug-related crimes, and more aging Americans are dying of drug overdoses. Still, when one considers that in its youth, the baby boomer generation had the highest levels of drug use compared to other age demographics, this fact should not be surprising.

Social scientists tend to agree that comparing one generation's drug use to that of another -- when that generation was the same age -- is difficult because unique historical factors influence each generation differently. For example, a group of elderly individuals from the 1800s would be far less likely to abuse prescription drugs than a group of elderly individuals from today. That said, one researcher claims to have untangled the data to reveal how being from a particular birth cohort -- like the baby boomer generation -- could affect an individual's drug use habits.

Helping those accused of underage drinking and driving

If your child has been accused of a crime, it is vital that you know what the potential consequences could be. Indeed, a criminal conviction at an early age could result in severe consequences for the rest of your child's life. These could include being denied a scholarship or student aid money for college or difficulty getting a job due to a having a criminal record.

At the Lord Law Firm, we have a great deal of experience defending underage individuals in drunk driving cases. In South Carolina, it is illegal to drink if you are not 21 years of age or older. As we all know, it is common for young adults to engage in drinking even though they have yet to reach this age. Parents should know that the laws involving underage drinking and driving and the consequences are different than if a person who is 21 or older was accused of DUI.

No state has more speed traps than South Carolina

Do you every find yourself frustrated with all of the speed traps in South Carolina? Do you feel like they're everywhere, waiting for you around every corner? Well, you're not alone. A study has shown that South Carolina actually has more speed traps than any other state in the U.S.

The survey was carried out by the National Motorists Association. To come to these results, they looked at data spanning five years. The survey did take into account that some reports of speed traps could be wrong, and they used control measures to reduce the impact of those reports on the overall results.

Drugged driving defense in South Carolina

South Carolina charges related to drugged driving are different compared to charges relating to driving under the influence of alcohol. In many drunk driving cases, authorities are able to pinpoint an individual's blood alcohol content as over the limit. However, in the case of drugged driving, there may not be any kind of test that can prove whether the driver had the drugs in his or her system or not while driving.

That said, verifiable proof that a substance was present in an individual's bloodstream is not always required to prove that he or she was guilty of drugged driving. Indeed, police might find evidence of illegal drugs or pharmaceuticals inside an accused person's vehicle. They might use that evidence along with evidence from failed field sobriety tests to convict the individual.

How do police detect allegedly drunk drivers?

Law enforcement officers are constantly patrolling the roadways to enforce the rules of the road. One of the most common things they look out for are people who might be operating their vehicle while under the influence of alcohol. So, how do police identify suspects to pull over for drunk driving offenses?

The primary thing that officers look for is erratic driving behavior. If a police officer notices a driver speeding, swerving, driving too slowly, failing to yield to other vehicles or failing to stop, the driver could be pulled over for further investigation. Just because an individual is pulled over for strange driving behavior, though, does not mean that an arrest will occur. If the diver offers a legitimate excuse for the erratic driving, for example, then he might be let off the hook with just a warning or a minor ticket.

How can parents support teens not to engage in underage drinking?

All South Carolina parents want the best for their teenager, and sometimes, it takes clear communication to teach teenagers the information they need to so they stay on the right track with their growth and development. One vital topic where clear communication is needed involves underage drinking. How can parents effectively convince their teens not to engage in this kind of behavior?

The best approach for parents to take involves building a supportive and trusting relationship with their children. Research shows that teenagers tend to delay participating in illegal alcohol consumption if they have a close and trusting relationship with their guardian or parent. Also, even if the teenager does participate in underage drinking, having a good relationship with his or her parents may help prevent the teen from having serious problems with alcohol later on down the road.

Call Lord Law Firm Today 803-407-4140

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Visit Our Traffic/DUI
Defense Website
Contact Us Today

7436 Broad River Road
Bldg. 1, Suite 110
Irmo, SC 29063
Get Directions
Phone: 803-407-4140
Fax: 803-407-4710
E-mail the firm