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84-year-old Charleston man faces felony DUI charge

A South Carolina felony DUI case is not a simple matter. Such cases require a very detailed investigation of evidence and facts, a complete review of the arrest and police procedure as well as a thorough study regarding consent to any blood or breath tests.

A Charleston man, 84, was arrested this week on felony DUI charges after allegedly crashing his SUV into a motorcycle Sunday in West Ashley, according to news reports.

News reports state that the man turned into oncoming traffic on Glen McConnell Parkway from Magwood Drive, crashing into a motorcycle that was stopped at a traffic light. The motorcyclist was seriously injured in the collision.

The 84-year-old was arrested and officers reported that his blood-alcohol level was 0.13. It was not clear in the news report what time the blood-alcohol level was measured. The legal limit is .08, but sometimes when blood-alcohol level is measured hours after the arrest it is necessary for a forensic toxicologist to study whether the level was actually lower at the time of the stop.

It will be important for a defense attorney to review the results of the blood test as well as any field sobriety test that may have been conducted. Sometimes, these types of evidence are faulty and it is possible to have the charges reduced. From the limited information available in the news report, it does not appear that there is a question of whether there was a collision with a motorcyclist, but there may be a question as to whether the man was under the influence of alcohol and what exactly caused the accident.

Source: The Post and Courier, "Man, 84, arrested on felony DUI charge after crash with motorcyclist," Andrew Knapp, April 3, 2012

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