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Charleston DUI Law Blog

Know your rights regarding blood alcohol concentration tests

You see the flashing lights behind you and know that you have to stop. The issue that you have now is that you know you've had a few drinks and you are worried about the Breathalyzer test. You know that you are going to have to decide how to handle the police officer's request that you submit to a test to determine your blood alcohol concentration.

The answer to this isn't one that is easy. You do have the right to refuse to take a test to determine your BAC; however, you can't do that without having to deal with the penalties that come along with it. You will face a suspension of your driver's license if you don't take the test when an officer requests that you do so.

Evaluate options you have for your DUI defense

As we have discussed in previous blogs, you have to take steps before you go out with friends to ensure that you won't face drunk driving charges. If you do have a few drinks when you go out with friends and didn't make plans to get home, you might end up facing drunk driving charges. We know that this isn't something you thought that you would have to face, but we are here to help you as you go through the process.

Drunk driving charges are rough because you face several different penalty possibilities. You might face losing your drivers' license, being incarcerated, having to pay fines or having to deal with other penalties. All of these penalties have a huge impact on your life. You might not be able to run errands or get to work. Fines might make it hard to pay your bills. Being incarcerated will pull you away from your job and your family.

St. Patrick's Day In Charleston: What Drivers Need To Know


Ready to celebrate St. Paddy's Day in Charleston? Check out these facts about the holiday before you go out, and remember to make responsible choices while you're having fun!

It's Not Even The Most Popular Drinking Holiday?

While most people associate St. Patrick's Day with drinking, it's only the fourth most popular drinking holiday in the United States. It falls behind New Year's Eve, Christmas and Independence Day/the Fourth of July. And that's just official holidays - it doesn't account for other days that see heavy drinking, such as Super Bowl Sunday.

What does this mean? While there is definitely an uptick in alcohol consumption on St. Patrick's Day, it's reputation as the booziest holiday is not deserved.

Things to do to avoid being charged with DUI

Once spring rolls around, one of the most important things college aged kids can think about is where they're going to go for spring break. As these young adults embark on their sun-filled vacations away from the safety of their home with mom and dad, their newfound freedom encourages them to engage in potentially risky behavior they otherwise may not engage in, like drunk driving.

Although, it's advisable that you don't drink at all, if you're going to do so, there are a number of precautions you should take. If followed, your risk of being potentially stopped for DUI go down considerably.

South Carolina man sentenced in fatal DUI crash

A Greenwood, South Carolina, man has been sentenced to 13 years behind bars for a fatal collision that occurred back in 2014 when he was intoxicated. The man was found guilty of two felony DUI charges -- one resulting in death and another causing great bodily injury.

He could have faced a sentence as long as 25 years for a fatal DUI. However, his 13-year sentence for the death and eight-year sentence for the injury will be served concurrently. A 27-year-old man died at the scene. A passenger in his car was hospitalized with severe lower-body injuries. The defendant was also hospitalized for his injuries. He was found to have a blood-alcohol content of .19, which is more than twice the legal limit.

South Carolina: what you should know about DUI statutes

South Carolina is a beautiful state with a long history. Its scenic waterways and other attractions make it a go-to destination for active outdoor adventures, as well as exploration of our nation's history.

With so much to draw you in, it is not surprising that so many people choose to visit the state. Unfortunately, many visitors neglect to look at the particulars of statutes like South Carolina's DUI laws, and that can derail a vacation for the unprepared.

Boating under the influence can ruin a day on the waterways

As the spring weather approaches, boaters are going to start turning out on the waterways in droves. It is imperative that you understand that your day on the water can turn bad quickly if you opt to operate your boat after consuming alcohol. Boat operators are covered under laws aimed to prevent drunk boating, so be sure to stay sober so your day of fun doesn't include a trip to jail.

One reason for the boating under the influence laws is that the United States Coast Guard notes that drunk boating is more dangerous than drunk driving. This is partially because of the way being on the water affects boaters. These effects are enhanced by alcohol and the sun. It means that boaters could suffer from considerable difficulties making decisions and maneuvering the boat.

What is the role of a designated driver?

On the surface, the answer seems pretty simple: The designated driver is the person who remains sober so he or she can legally drive everyone else in the party around or home. If you've ever been a designated driver, though, you know there's a lot more to this story.

First, the designated driver's role isn't just to remain sober. You can have a drink or two, feel sober and still blow above the legal limit in a field test for blood alcohol level. If you're the designated driver, then your promising not to drink during the outing at all, which means you might have to order a virgin daiquiri or a diet cola when the rounds are bought. One good perk is that many places that cater to sporting events or nightlife offer free beverages to designated drivers.

Hitting a bicyclist results in DUI charge for McColl councilman

A McColl, South Carolina, Town Councilman was arrested on suspicion of driving drunk Saturday, Feb. 4, after striking a 38-year-old bicyclist later that evening with his car. The victim was transported to a Scotland county hospital and treated for minor injuries before being released.

The accident resulting in DUI charges against the man occurred on High Street in McColl around 11:10 p.m. In responding to the councilman's crash with the biker, the city's police officer noted both a large crack to the man's windshield as well as damage to his bumper.

More reliable tests are needed to determine drug impairment

The need for tests to determine if a person is driving while high on drugs is something that has come up quite often recently. Unlike blood alcohol concentration tests, there aren't any reliable tests that can determine a person's current intoxication level for drugs like marijuana. The blood test for marijuana can only determine if a person has used the drug in the past, but it doesn't differentiate between a person who used the drug an hour prior to the test or a month before the test.

The drug in marijuana, THC, is what causes impairment. This is a fat-soluble substance, so it can remain in the body after the impairment has abated. This poses a unique issue for law enforcement officers who are seeking to have a person who seems high taken off the roads. In areas where marijuana usage is legal, law enforcement officers can't just arrest the person for having possession of marijuana, which is one way that they have gotten these drivers off the roads in the past.

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