Drennan Law FirmTop DUI & Criminal Defense Lawyer | Charleston, Mt. Pleasant2026-09-01T13:18:08Zhttps://www.drennanlawfirm1.com/feed/atom/WordPress/wp-content/uploads/sites/1201601/2020/12/favicon-75x75.icoOn Behalf of Drennan Law Firm<![CDATA[Can you turn around before a DUI checkpoint in South Carolina?]]>https://www.drennanlawfirm1.com/?p=505142026-09-01T13:18:08Z2026-09-01T13:18:08ZSeeing a driving under the influence (DUI) checkpoint ahead can make anyone nervous, even a driver who hasn't had a drink. When this happens, a common question is whether it's legal to turn around before reaching one. The short answer is yes, but there are limits on how and where you can do it.
What the law allows
In South Carolina, making a legal turn or taking another route before reaching a checkpoint is not a traffic violation by itself. However, if the turn appears intentionally evasive in close proximity to the checkpoint, officers may use the totality of the circumstances to justify an investigatory traffic stop. Keep in mind that police generally cannot stop you simply because you turned around near a checkpoint. However, you must do so legally. If you commit another traffic violation while avoiding the checkpoint, an officer may have grounds to pull you over. In that case, the traffic infraction, not the checkpoint itself, causes the stop.
What can still trigger a stop
While the act of avoiding a checkpoint isn't illegal by itself, how you do it matters a lot. Sudden braking, swerving, speeding up or turning in a way that looks unsafe can catch an officer's attention right away. Some checkpoints also station officers along nearby roads specifically to watch for cars turning off early. If your driving looks erratic or careless, that behavior alone can give police a reason to stop you, separate from the checkpoint entirely. So the safest approach is to signal properly, follow all normal traffic rules and turn only where it's actually allowed.
When to reach out for help
Knowing your rights around DUI checkpoints can feel reassuring, but every stop is different. Small details in how an officer describes your driving can also shape the outcome of a case. If you've been pulled over near a checkpoint or are unsure how these rules apply to your situation, it can help to talk with an attorney who knows South Carolina traffic law. A conversation like that often brings clarity and peace of mind, even if you never end up needing to go further than that first conversation.]]>On Behalf of Drennan Law Firm<![CDATA[Why the 20-minute wait matters before a DUI breath test]]>https://www.drennanlawfirm1.com/?p=505092026-08-24T08:46:49Z2026-08-24T08:43:14ZWhen a DUI breath test prints a high number, your thoughts can jump straight to your license, job or even jail. Yet the number does not appear in isolation. South Carolina requires a 20-minute waiting period before officers collect a breath sample, and what happens during that window can affect how the test is evaluated.
What happens during the 20-minute wait
The waiting period starts after the breath-test operator checks inside your mouth. The testing machine records that start time and prevents the operator from collecting a breath sample for at least 20 minutes. South Carolina's breath-testing procedures make this pause part of the approved process. It is not simply downtime before you blow into the machine.
Why mouth alcohol can affect the breath reading
A breath test aims to measure alcohol in your breath. Alcohol that remains in your mouth, however, can interfere with that reading. The waiting period gives mouth alcohol time to clear before you provide a sample. Breath-testing equipment can also detect significant mouth alcohol and abort the test. This waiting period provides an added safeguard instead of relying on the equipment alone.
How officers monitor the observation period
The operator does not need to keep constant eye contact with you. However, South Carolina procedures require the operator to monitor you so that you do not consume outside liquids or solids before the test. This distinction can matter when reviewing DUI evidence. A brief glance away does not automatically show that officers violated the procedure.
When the 20-minute wait may need to restart
South Carolina procedures prohibit smoking during the observation period. If you consume a prohibited substance or otherwise compromise the wait, the operator should stop the process, check your mouth again and start a new observation period. Significant regurgitation can also require a restart. Belching alone, however, does not require another 20-minute wait under the current procedures.
Where the breath-test video fits into the case
South Carolina's breath-site video rules generally require the recording to show your conduct during the entire 20-minute pretest waiting period. It must also capture the breath-test procedure and the operator's actions. The video can reveal whether the timeline matches the test record. It can also provide context when reviewing how officers handled the testing process.
What to review after a DUI breath test
A DUI arrest can move quickly, and it is easy to leave the station unsure about what happened or whether officers followed every step. Instead of relying on your memory of a stressful night, compare the breath-test video with the written testing records.Look for gaps, conflicting timestamps or details that do not match. Those inconsistencies may help show which parts of the state’s breath evidence deserve closer scrutiny and give you a clearer sense of what questions still need answers.]]>On Behalf of Drennan Law Firm<![CDATA[Can you get a ticket for following another vehicle too closely?]]>https://www.drennanlawfirm1.com/?p=505082026-08-03T16:21:43Z2026-08-04T16:19:44ZFollowing too closely is a traffic violation
You can receive a traffic ticket if an officer believes you were following another vehicle too closely for the situation. In South Carolina, drivers must leave enough space to stop safely without colliding with the vehicle ahead if traffic suddenly slows or stops.
Rather than requiring a fixed number of feet between vehicles, the law focuses on whether your following distance was reasonable under the circumstances. If you stay too close to react safely, an officer may decide that your driving created an unnecessary risk and issue a citation.
Driving conditions can affect the citation
The distance you should leave between vehicles depends on the conditions around you. A gap that seems reasonable on a clear day at lower speeds may not be enough during heavy traffic or bad weather.
For example, during heavy rain or fog, it may feel safer to stay close to the vehicle ahead because its taillights help you see the road. However, reduced visibility and longer stopping distances also mean you need more room to react if that vehicle brakes suddenly. Leaving too little space in those conditions could increase the risk of a crash and may contribute to a citation.
When deciding whether to issue a ticket, an officer may consider factors such as:
Your speed
Traffic conditions
Rain, fog or other weather
Visibility and road conditions
Because every situation is different, safe driving often comes down to leaving enough room to respond if the vehicle in front of you stops unexpectedly.
A conviction can have consequences beyond the fine
Paying a citation is not always the only consequence. Depending on the circumstances, a conviction may add points to your driving record under South Carolina's traffic point system. Too many points can put your driver's license at risk and some insurance companies may also raise your premiums after a moving violation.
Taking these potential consequences into account before resolving the citation may help you avoid unexpected effects on your driving record or insurance.
Make informed decisions before resolving your citation
A ticket for following another vehicle too closely can have effects that last beyond the day you receive it. Before you decide how to handle the citation, take time to understand what it could mean for your driving record and insurance costs. Reviewing the citation with an attorney can help you understand your options and any potential consequences before you resolve the matter.]]>On Behalf of Drennan Law Firm<![CDATA[Understanding ignition interlock requirements in South Carolina]]>https://www.drennanlawfirm1.com/?p=504952026-07-23T07:59:43Z2026-08-03T07:58:20ZWho must install an IID?
An Ignition Interlock Device (IID) may be required for drivers convicted of DUI, depending on the circumstances of the offense and any prior violations. First-time DUI offenders with a blood alcohol content (BAC) of 0.15% or higher would need to have an IID installation.
Moreover, anyone in South Carolina with second (and subsequent) DUI convictions would also require an IID, regardless of the BAC level. Anyone who refuses a breath test may also face IID requirements in order to regain their driving privileges.
How the device works
A technician installs a small breathalyzer in your vehicle’s dashboard, and the car will not start until you provide a clean breath sample. The IID usually prompts you for additional samples while you drive to help ensure continued sobriety. The device logs every failed test and reports it to the South Carolina Department of Probation, Parole and Pardon Services (SCDPPPS).
Driving rules under Emma’s Law
Instead of a total suspension that prohibits any driving, Emma’s Law allows you to obtain a provisional drivers license so you can still drive as long as you have an installed device.
However, you are responsible for installation fees and monthly monitoring costs. Tampering with the device or driving your vehicle without one can lead to further criminal charges and an extended suspension.
Turning a DUI requirement into a path forward
While an IID requirement may feel like a setback, it can offer a path for you to keep your independence and income while dealing with a DUI charge. A lawyer can help ensure you follow and manage your sentence so you can regain full driving privileges.]]>On Behalf of Drennan Law Firm<![CDATA[What details should you write down after a DUI traffic stop?]]>https://www.drennanlawfirm1.com/?p=504762026-07-15T15:22:16Z2026-07-15T15:22:16ZThe events leading up to the stop
Start by recording the basic facts about what happened before the officer pulled you over. Include details such as the date, time and location of the stop. You can also note where you were driving from and where you were headed.
If there are specific weather, traffic and road conditions that you can remember before the officer activated the patrol vehicle's lights, add them to your recollection, too. Together, they can help create a clearer timeline of the events while they are still fresh in your memory.
Your interaction with the officer
Next, write down everything you remember about the conversation you had with the officer. Even details that seem minor at the time may provide helpful context when considered alongside the rest of the encounter.
List the questions you remember the officer asking, how you responded and whether you performed field sobriety tests or took a breath test. You should also include any statements the officer made about the stop or your driving.
Avoid guessing if you cannot remember something. Providing an honest account gives your attorney a more accurate starting point for reviewing the circumstances of the stop.
People and evidence you noticed
Take a moment to think about anyone or anything else that may have been present during the stop. Besides your own recollection, other people or physical evidence may help paint a more complete picture of what happened.
Include details such as:
Whether someone was riding with you or witnessed the stop
Whether nearby businesses, homes or traffic cameras may have captured the incident
Anything unusual you noticed, such as poor lighting, heavy rain or uneven pavement
These may help your attorney identify potential witnesses or other evidence that could provide additional context about the traffic stop.
Prepare for the next steps
Once you have finished your notes, keep them together with your citation and any other paperwork you received so that you can easily reference everything as your case progresses.
If you are facing a DUI charge, seeking legal assistance is an important next step. An attorney can review the circumstances of the traffic stop, explain how the information you documented may relate to your case and discuss the legal options available to you.
]]>On Behalf of Drennan Law Firm<![CDATA[Do you need to go to court to contest a traffic ticket?]]>https://www.drennanlawfirm1.com/?p=504732026-06-30T08:03:45Z2026-06-30T08:03:45ZMandatory appearances for traffic violations
Not every traffic offense in South Carolina requires you to show up in court. For minor infractions, drivers can usually pay the fine listed on the ticket, which results in a bond forfeiture that operates as a conviction and closes the matter without a hearing.
Some offenses, however, require a court appearance, and your ticket will indicate whether you must attend. Charges such as driving under the influence generally require a mandatory court appearance.
Essential steps in a citation challenge
Challenging a traffic ticket in South Carolina starts with how you respond to the charge. If you want to contest the citation, you must notify the court identified on your ticket and follow the instructions for entering a not guilty plea. The applicable deadline is typically listed on the citation or provided by the court.
You may contact the court by mail, in person or online, depending on local rules. If your case is not resolved beforehand, the court will schedule a hearing or trial where the officer may present evidence supporting the citation, and you will have the opportunity to present evidence, testimony and any legal defenses.
If the ruling goes against you, state law does allow an appeal to the circuit court. You have 10 days from sentencing to file this action with the court that decided your case. The notice must include the grounds for the appeal, among other requirements.
Available alternatives outside the courtroom
A contested ticket can reach a resolution without a full trial. In some cases, the citing officer or a prosecutor may agree to reduce the charge to a lesser offense, which can lower both the fine and the point value tied to the ticket.
South Carolina also allows drivers with points assessed against their driving record to take a state-approved defensive driving course for a reduction. Finishing the course credits up to four points back to your license, though the original traffic ticket remains on your permanent driving record.]]>On Behalf of Drennan Law Firm<![CDATA[What should college students know about DUI charges?]]>https://www.drennanlawfirm1.com/?p=504712026-06-29T11:43:56Z2026-06-29T11:37:06ZSouth Carolina driving under the influence (DUI) charges can create serious problems for college students. If you are under 21, the stakes can rise quickly because South Carolina uses strict alcohol rules for young drivers and separate consequences may follow a DUI charge.
What counts as DUI?
In South Carolina, a DUI case can depend on your blood alcohol concentration, but officers may also rely on other signs of impairment. For adult drivers, the usual legal limit is 0.08% blood alcohol concentration (BAC), while underage drivers can face trouble at 0.02% or higher under the state’s zero tolerance approach.
That matters because many students are still under 21. So, a night that starts as a campus party can turn into a legal issue with more than one layer.
How does testing and refusal work?
South Carolina’s implied consent law can matter after a DUI stop. If an officer asks you to take a breath, blood or urine test, a refusal may lead to separate license consequences in addition to the DUI charge.That is one reason your choices after the stop can matter as much as the stop itself. You may want to be careful before making statements about how much you drank or whether you felt fit to drive.
What school and life effects can follow?
A DUI charge can reach beyond court. You may face a suspended license, college discipline and a criminal record that can affect future plans.Common effects may include:
Your driver’s license may be suspended.
Your college may impose discipline, such as probation or suspension.
You may run into trouble with scholarships, internships or job applications.
Those issues can follow you long after the arrest, especially when you apply for internships or first jobs after college.
Why does early help matter?
A DUI case can move quickly and students often have more to lose than they expect. Early legal guidance may help you understand the charge, the testing issue and any school concerns that could follow.You may also need to sort out whether the case involves an underage alcohol issue, a DUI charge or both. That is why it often helps to get a clear picture of your options early on.
Protect your future before the case grows
If you face a South Carolina DUI charge, it can help to treat the case carefully from the start. A measured response may protect your driving record, your school standing and your future opportunities.]]>On Behalf of Drennan Law Firm<![CDATA[DUI enforcement around July 4th in South Carolina: What to expect]]>https://www.drennanlawfirm1.com/?p=504622026-06-11T16:26:22Z2026-06-11T16:26:22ZThe Fourth of July is one of the busiest travel holidays of the year in South Carolina, and it is also one of the most heavily enforced periods for DUI investigations. Drivers should expect increased enforcement from the South Carolina Department of Public Safety (SCDPS), the South Carolina Highway Patrol (SCHP), local police departments and county sheriff's offices. These agencies often participate in national and statewide campaigns such as “Booze It & Lose It” and “Sober or Slammer,” which focus on impaired driving enforcement during the holiday itself as well as the surrounding weekends and late-night celebrations.One of the most common enforcement tools is the saturation patrol. Unlike a checkpoint, a saturation patrol does not involve a fixed location. Instead, law enforcement agencies deploy a large number of officers to targeted areas where impaired driving is believed to be more likely. These patrols often focus on entertainment districts, roads leading away from fireworks displays, concert venues, bars, lakes and beach communities. Officers actively watch for traffic violations, equipment issues or driving behaviors that may indicate impairment. Once a lawful stop is made, officers may investigate further if they observe signs of alcohol or drug use.Drivers may also encounter sobriety checkpoints during the holiday period. To be lawful, these operations generally must follow established procedures. Supervisors typically approve the checkpoint in advance and implement a written operational plan. Officers use a neutral stopping pattern, such as stopping every vehicle or every predetermined number of vehicles, rather than selecting drivers arbitrarily. Checkpoints are usually highly visible, with marked patrol cars, traffic cones, lighting, signage and designated pull-off areas. They are designed to create minimal delays and typically operate for a limited period with clear start and end times. While law enforcement agencies often publicize holiday DUI enforcement campaigns in advance, they generally do not announce the exact locations or times of checkpoints.Holiday travelers are most likely to encounter enforcement operations between approximately 9 p.m. and 3 a.m., particularly after fireworks shows and large public events conclude. Common travel corridors include Interstate 26, Interstate 20, Interstate 77, Interstate 85, U.S. Highway 17, U.S. Highway 501 and U.S. Highway 278. Roads leading to and from beaches, lakes, entertainment districts and rural cut-through routes frequently receive additional attention.
What to know if you’re arrested despite your best efforts
If you are cited or arrested for DUI during the holiday period, it is important to act quickly. South Carolina deadlines can be short, including the 30-day period for requesting an administrative hearing to challenge an implied-consent suspension and explore potential temporary driving privileges. You’ll want to consult a skilled legal team immediately to start building a strong defense strategy on your behalf as a result. ]]>On Behalf of Drennan Law Firm<![CDATA[What happens if you get a DUI while visiting Charleston]]>https://www.drennanlawfirm1.com/?p=504612026-06-09T08:06:44Z2026-06-09T08:06:44ZYou came to Charleston for the beaches, the food and a few drinks on the water. Then flashing lights fill your mirror, and a relaxed night turns into a charge that follows you home. Getting arrested for driving under the influence (DUI) as a visitor raises questions most travelers never expect.
South Carolina charges visitors and locals alike
South Carolina applies the same DUI rules to tourists, business travelers and local drivers. Officers may charge you if your blood alcohol concentration (BAC) reaches 0.08% or higher, or if alcohol or drugs leave your ability to drive materially and appreciably impaired. You do not have to feel drunk to face charges, and once you receive a DUI charge in South Carolina, the case proceeds in local court even after you return home.
What a first-offense DUI can cost you
The potential penalties depend largely on your BAC level and prior record. For a first offense with a BAC below 0.10%, South Carolina generally allows a fine, a jail term of 48 hours to 30 days or community service if the judge permits it. Higher BAC readings increase the possible fines and minimum jail time, so a 0.08% case may look very different from a 0.16% case. The state’s impaired driving penalties become more serious as the reading rises.
How the charge reaches your home state
A Charleston DUI usually does not stay in Charleston. South Carolina participates in the Driver License Compact, an agreement that lets states share traffic conviction information. If South Carolina reports a conviction, your home state may apply its own license consequences under its own rules. South Carolina may also suspend your privilege to drive within the state, while a breath test refusal can trigger a separate administrative suspension through the Department of Motor Vehicles.
Why leaving town will not end the case
Driving home and hoping the matter fades feels tempting, but a South Carolina DUI charge does not vanish when you cross the state line. You generally must answer the charge in the county where the arrest happened, and skipping a required court date can prompt a bench warrant. Managing the case from another state means hiring local counsel or traveling back for hearings.
What to do before you head home
A DUI can turn a Charleston getaway into months of fines, license trouble and court deadlines. Before you leave South Carolina, write down your court date, keep every document from the stop and check whether your license faces an administrative suspension. It also helps to confirm how the case may affect your home-state license before assuming the problem ends at the state line. Taking those steps early can help you avoid missed deadlines, surprise suspensions and decisions made under pressure.]]>On Behalf of Drennan Law Firm<![CDATA[7 unexpected ways you can violate South Carolina’s hands-free law]]>https://www.drennanlawfirm1.com/?p=504592026-06-01T17:03:16Z2026-06-01T17:03:16ZWhat is South Carolina’s new hands-free law?
South Carolina rolled out new distracted driving legislation that became fully enforceable on September 1, 2025. Meanwhile, the grace period officially concluded on February 28, 2026, marking the beginning of full enforcement.
The new law prohibits drivers from holding or using a handheld device while operating a vehicle. This is why understanding the full scope of what this legislation covers is one of the most practical steps you can take to protect yourself on the road.
Seven surprising habits that can get you cited
Now that you know what the law is, it helps to see how it applies to everyday driving. Many common habits you may have never questioned could now cost you a ticket and license points. Here are seven behaviors to stop doing behind the wheel:
Resting your phone on your lap: The law considers this a violation because you are still physically supporting the device while driving.
Wedging your phone between your ear and shoulder: Even without using your hands, this method of holding a call explicitly violates the law's physical support ban.
Holding your phone on speakerphone: Gripping your phone in your hand during a speakerphone call still counts as holding a device while operating a vehicle.
Queuing up a playlist or podcast: Touching your phone to skip a song or change an episode while moving is an active interaction with your device, which the law prohibits.
Manually adjusting your GPS: The law bans typing in an address or zooming in on a map while driving, even though you can still follow GPS navigation freely.
Letting a video play: Streaming any video content on a phone, even a mounted one you are only listening to, violates the law's ban on displaying motion content.
Checking your phone at a red light: The law still considers stopped vehicles in traffic to be in operation, so you can only use your device when you are lawfully parked.
These violations may appear minor in isolation, but each one carries the potential for real fines and points against your license.
Stop the microhabits before they cost you
These small habits can lead to significant consequences on the road. The most prudent course of action right now is to take an honest look at how you use your phone while driving and make the necessary adjustments before a citation forces your hand.
Staying well-informed about your rights and responsibilities under this law is always a sound first step. And if you ever find yourself uncertain about where you stand, knowing who to turn to for reliable guidance can make all the difference.]]>