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Charleston DUI Law Blog

Underage drinking can lead to serious problems

Drunk driving charges pose problems for adults. When a person who hasn't yet turned 21 years old opts to drive after drinking alcohol, the problems that they can face are often very serious. Zero-tolerance laws mean that a person who is under 21 can face legal issues even if they have a blood-alcohol concentration that is below the .08 percent that is the limit for adults.

For people who are under the legal drinking age, the limit for BAC is .02 percent in South Carolina. This means that the limit is a lot lower. In some cases, even something like a glass of wine might lead to criminal charges if you are under 21 and drive after having that wine.

Woman charged with DUI in crash that claims 1

A woman is facing charges for causing an accident that claimed the life of a 23-year-old woman. According to prosecutors, the woman responsible for the accident was traveling at a high rate of speed and passing vehicles on the left and the right on Interstate 77 near Rock Hill, North Carolina.

The woman facing charges crashed into another vehicle and both vehicles sailed down an embankment. The fatally injured woman had to be cut from the car before a helicopter could take her to a Charlotte hospital. She would have turned 24 in just a few days.

Felony DUI charges aren't laughing matters

Any felony charge, even a felony DUI, is a serious matter. The last thing that you want to happen is being labeled as a felon for the rest of your life because you made a mistake. If you decided to drive home after a night of drinking, you might be facing that exact situation.

We know that you might be shocked to find out that your drunk driving charge is a felony charge instead of a misdemeanor charge. The felony classification is possible if there are extenuating circumstances in your case. This circumstance might be that you caused a fatal accident or that you had a very high blood-alcohol concentration level when you took a chemical test.

Do I have to take a breath test if I'm asked to do so?

There are several different methods that law enforcement officers can use to determine if a person has been drinking and driving. One of the options that is available is the breath test, which is commonly referred to as the Breathalyzer. This test helps to determine what your blood alcohol concentration is at the time of the traffic stop.

Do I have to take a breath test if a law enforcement officer asks me to take one?

Don't let a day of fun in the sun get ruined by a DUI

When you are out on the waterways in South Carolina, your focus is probably having a good time. If that good time involves alcohol, you should make sure that someone in the watercraft is sober so that your day of fun in the sun isn't ruined by a boating while intoxicated charge.

South Carolina laws take a very harsh stance against the use of alcohol prior to or during the operation of any motor vehicle. Motor vehicles, such as boats or jet skis, that operate on the waterways are included in the drunk driving laws that the state has.

Can I face charges for driving after using drugs or medications?

When you think of driving under the influence, you might assume that alcohol is the substance that you are under the influence of. That isn't always the case. It is possible for a person to face criminal charges for driving under the influence of drugs, even if those drugs are over-the-counter medications or prescription medications.

What kinds of drugs are associated with driving under the influence?

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.

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