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Charleston DUI Law Blog

How the "camera loophole" affects DUIs in South Carolina

South Carolina was rated the number one state in the U.S. for DUI-related deaths last year by the National Highway Safety Committee. According to a Horry County prosecutor, if there is one small problem with the video from the traffic stop, field sobriety tests or arrest, then the whole case can be dismissed. Police are calling it "the camera loophole" and say it is responsible for drunk drivers getting away with their crimes.

A local news channel was shown a video of a man arrested for DUI by the Horry County prosecutor. The video shows the police officer giving the man a field sobriety test after the man had ran off the road. According to the officer, the man failed the horizontal gaze nystagmus field sobriety test and he is not able to walk a straight line. The prosecutor said that it's likely the case won't hold up in court because the man's face isn't clearly seen on the video.

The basics of boating under the influence

There is no denying the fact that boating can be an enjoyable experience. From the sun to the water sports, there is nothing better than a day on the water. However, there is something to remember: Boating under the influence is against the law. Just the same as operating a car, you are not permitted to get behind the wheel of a boat if you have had too much alcohol to drink.

According to the United States Coast Guard, alcohol is more dangerous on water than on land. This goes a long way in proving that the Coast Guard is not going to let anyone get away with this crime.

A drunk driving arrest does not mean you are guilty

In the state of South Carolina, DUI enforcement is heavier than ever before. While this is a good thing, to a certain degree, it often leads to a situation in which an innocent person is arrested for driving under the influence.

There are times when police consider a driver guilty before they ever investigate the facts. There are times when a person is not legally drunk but is arrested for this crime nonetheless.

Sentence handed down in triple-fatal drunk driving crash case

In 2014, a three people were killed in an accident that was attributed to a drunk driver. Two other people were injured in the accident. That fatal accident led to a 25-year-old man facing felony charges. The case was recently resolved after the man pleaded guilty to two counts of felony DUI with injury and three counts of felony DUI with death.

The man was sentenced to 15 years on the felony DUI with injury and 18 years on the felony DUI with death. He received credit for 530 days that he has already been incarcerated. Those sentences will be served concurrently. He will have to serve at least 85 percent of that sentence. His release will occur when he is 39 or 40 years old.

Diabetes could lead to a DUI charge

When a person is arrested for driving under the influence of alcohol, it is believed that the arresting officered made an accurate decision based on field sobriety tests. But did you know that some health concerns, such as diabetes, could lead to a false conclusion by a police officer?

In the United States alone, approximately 15 to 20 percent of all drivers are diabetics. Taking this one step further, the impact of low blood glucose can include blurred vision, dizziness, weakness, slurred speech and confusion. All of these symptoms can also be confused with a high blood alcohol level.

Understanding a provisional driver license

If your driver's license is suspended for any reason, such as driving under the influence of alcohol, you will soon realize that your life will need to change. For example, you will not have access to a vehicle for getting to and from work and/or school. This can pose a major problem in your life.

Fortunately, there are steps you can take to avoid this type of trouble. For example, the South Carolina Department of Motor Vehicles can help you apply for a provisional driver license.

DUI under the age of 21 in South Carolina

It doesn't matter how old you are, nothing changes the fact that local authorities are cracking down on driving under the influence. Police are doing whatever they can to keep impaired drivers off the road, as they realize that this can save lives.

In the state of South Carolina, there is a zero tolerance policy for driving under the influence of alcohol under the age of 21.

What is the one leg stand test?

When a person is pulled over by police for suspicion of driving under the influence, there is a good chance that he or she will be asked to partake in one or more field sobriety test. The one leg stand test, for example, is one of three NHTSA approved tests.

Known as a divided attention test, you are asked to divide your attention between a variety of tasks. The inability to do so gives the officer reason to believe that you may not be sober.

Paramedic injured in accident loses leg

A paramedic has lost her right leg in an accident between an ambulance and a pickup truck. According to Florence officials, the ambulance and truck were involved in an accident at approximately 5:02 a.m. on Church Street. As a result, three people were taken to the hospital for treatment.

The driver of the truck, who was employed by a local lumber company and driving a company vehicle, was charged with driving under the influence. He was also charged with driving on a suspended license.

The impact of boating under the influence

Driving under the influence of alcohol or drugs is extremely dangerous, as this impairs a person's ability to make sound decisions. But have you ever thought about the impact of boating under the influence? This is exactly what it sounds like: You take control of a boat after you have had too much to drink.

The penalties for boating under the influence are steep. Not only can this lead to serious jail terms, but you may lose your operator privileges while also being hit with a large fine.

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