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May 2014 Archives

South Carolina's DUI laws encompass more than passenger vehicles

When a person hears the phrase "drinking and driving," he or she might imagine drivers in control of a car or truck after having consumed alcohol. Interestingly, however, South Carolina law may see the situation a little differently. In fact, the term "motor vehicle" may be more broadly defined than some people might expect.

Testing the limits of South Carolina's implied consent law

As we've covered before, South Carolina has an implied consent law on the books, much like other states. In short, this means that anyone who operates a motor vehicle within the state has implicitly agreed to submit to a breath test at the request of police officers. If a person is pulled over and a cop suspects that he or she has consumed alcohol, a subsequent breath test can be refused. However, this choice generally leads to an automatic administrative driver's license suspension.

Bill adjusts standards South Carolina drunk driving arrests

In our last post, we discussed an important -- and unique -- aspect of drunk driving law in South Carolina. Statute states that law enforcement officers must capture video of arrests for driving under the influence of alcohol from start to finish.

What are the requirements for South Carolina's DUI videotape law?

Over the lifespan of this blog, we have spent time taking a look at various aspects of South Carolina's drunk driving laws and how they might affect an individual who is arrested for driving under the influence. It’s clear that understanding and addressing the intricacies and unique aspects of the law can make all the difference in a criminal case.

Repeat DUI charges: Conviction isn't a foregone conclusion

Dealing with drunk driving charges can feel overwhelming, which is something we've regularly addressed on this blog. However, those who are facing multiple convictions for driving under the influence of alcohol are up against a special kind of challenge. With each subsequent charge, the sentences prescribed by South Carolina law become remarkably stringent.

Breath test administrators in South Carolina must be certified

Working professionals understand the importance of clearly understanding the tools of their trade. In order to be most effective on the job, training might be necessary. Not only that, but skills may need to be refreshed and sharpened down the road to ensure that individuals are able perform consistently and reliably.

Understand South Carolina's BUI laws before hitting the water

Summertime heat is on the way, and South Carolina residents might be making plans for the coming months. For those who own a boat or intend to operate one in the coming months, it may be essential to understand how boating under the influence laws are similar or different from land-based violations.

Refusing a DUI blood test on federal land could lead to jail time

We have discussed South Carolina's implied consent law on multiple occasions. The basic idea behind this law is that people who drive on South Carolina roads are essentially agreeing to comply with the demands of law enforcement to take a breath test for alcohol when pulled over. Failure to do so is considered a violation of state law and can result in license suspension.

How is 'refusing' a breath test defined in South Carolina?

The idea of what it means to refuse to take a breath test seems pretty clear cut. During a roadside stop, a person could either comply with the police officer's request or indicate that he or she doesn't want to take the test. Those seem like the two discrete options, right?

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