Drennan Law FirmTop DUI & Criminal Defense Lawyer | Charleston, Mt. Pleasant2024-03-12T13:39:26Zhttps://www.drennanlawfirm1.com/feed/atom/WordPress/wp-content/uploads/sites/1201601/2020/12/favicon-75x75.icoOn Behalf of Drennan Law Firmhttps://www.drennanlawfirm1.com/?p=499262024-03-12T13:39:26Z2024-03-12T13:39:26ZSt. Patrick's Day is widely celebrated with parades, green attire and the consumption of green beer. As a result of the widespread understanding that St. Patrick’s Day is a “drinking holiday,” law enforcement agencies typically increase patrols and checkpoints to prevent drunk driving on the 17th of March, raising the chances of DUI stops. If you find yourself pulled over on St. Patrick's Day under suspicion of DUI, how you respond can significantly impact the outcome of your situation. As such, you’ll want to keep the following tips in mind, just in case a misstep or misunderstanding leads to a traffic stop on your way home from a celebration.
Stay calm
The moment you notice flashing lights signaling you to pull over, do so safely and promptly. Remain calm. Keep your hands visible, typically on the steering wheel, to avoid any perception of a threat. You cannot guarantee how an officer will respond to you, but you can do everything possible to stay safe.
Know your rights
You are required to provide your driver's license, vehicle registration and proof of insurance. You are not obligated to provide information that could incriminate you. Calmly decline to answer questions about where you’ve been, whether you’ve been drinking or how much you’ve consumed.You are also not legally required to participate in field sobriety tests, and you can decline to participate in them if asked. These tests can be subjective and failing them can add to the evidence against you.
If you’re arrested, don’t resist
If the officer decides to arrest you for DUI, comply with the instructions without resistance or argument. Resisting arrest can lead to additional charges and complicate your case. Remember, compliance is not an admission of guilt. Also, know that refusing a breathalyzer test post-arrest can result in immediate legal consequences, such as license suspension, due to implied consent laws. After an arrest, you have the right to remain silent, and it's advisable to exercise this right. Calmly inform the officer that you will not answer questions before an attorney is present. This can prevent you from saying something that may adversely affect your case.Being pulled over for a DUI on St. Patrick's Day can be a daunting experience, but knowing how to handle the situation can make a significant difference in your efforts to drive away from the scene unharmed and legally free to go.]]>On Behalf of Drennan Law Firmhttps://www.drennanlawfirm1.com/?p=499242024-02-27T08:21:10Z2024-02-27T08:21:10Zpreliminary alcohol screening (PAS) device and an evidentiary breath test device. Both are used to measure blood alcohol content (BAC), but they serve different purposes and operate under different legal and procedural guidelines.
Preliminary alcohol screening device
The PAS device is a portable breathalyzer used primarily in the field during traffic stops to quickly assess a driver's level of impairment. This handheld device offers a fast and efficient way to measure a person's BAC, helping officers make initial determinations about whether alcohol consumption might be a factor in suspected DUI incidents.
A PAS device is invaluable for its portability and convenience, providing immediate preliminary results that guide officers in their field assessments. PAS device use is typically voluntary. The results from a PAS device can give officers probable cause to arrest a driver under suspicion of DUI, but these results alone are generally not admissible as evidence in court for prosecution.
The larger evidentiary breath test device
The larger evidentiary breath test device is used after an arrest has been made, typically at a police station or a mobile unit designed for this purpose. This device is more sophisticated and accurate, so it provides results that meet legal standards for evidence in court.
The testing procedure is more controlled. It requires a specific breath volume and an observation period to ensure accurate and uncontaminated samples. They must also be calibrated on a regular schedule.
The results from these devices are considered scientifically reliable for determining a person's BAC and can be used as direct evidence in DUI prosecutions. Due to their size, complexity, and the need for calibration and maintenance, these devices aren’t portable like the PAS devices but are crucial for the legal process.
Understanding the basics of these types of devices is crucial for defendants. Depending on the type of testing that they were subjected to during a stop and how their results were handled, challenging the testing process itself may favorably impact the results of their cases.]]>On Behalf of Drennan Law Firmhttps://www.drennanlawfirm1.com/?p=499232024-02-11T17:11:57Z2024-02-11T17:11:57ZPolice officers may have violated best practices
There are very clear rules about how police officers gather evidence of impaired driving. They need a justification to stop someone and probable cause to request a chemical test. Even when they have reason to test someone, they need to do so in accordance with current best practices.
South Carolina generally requires that police officers conduct a test within two hours of someone actively operating a motor vehicle. Lengthy delays could lead to questionable test results. The body continues metabolizing or breaking down alcohol for many hours after someone finishes drinking. Particularly if someone had drinks not long before a traffic stop, their BAC might continue to rise substantially.
The possibility that someone's BAC could be higher when the police test them than it was when they were in control of the vehicle is what inspired the two-hour window for testing. If police officers wait too long to perform a chemical test after pulling someone over, a defense attorney could potentially undermine the accuracy of the test results or get the courts to exclude them from the prosecutor's case altogether.
Numerous small mistakes on the part of police officers or state laboratory employees could raise questions about the accuracy of breath test results and other key forms of forensic evidence. Looking carefully at the state's evidence when seeking legal guidance can help those facing South Carolina DUI charges evaluate their options for a solid defense strategy.]]>On Behalf of Drennan Law Firmhttps://www.drennanlawfirm1.com/?p=499202024-02-05T20:47:51Z2024-02-05T20:41:29Zthe option of entering a drug court program.
While not everyone qualifies for the program, it is worthwhile to discuss this with your attorney in case you qualify and are interested in participating.
South Carolina courts understand the complexity of addiction, and this program exists to address the root causes of substance abuse and drug addiction.
How does it work?
Instead of going through the traditional court process, if you qualify, the judge will allow you to enter drug court. You may still be required to show up for hearings with the judge because it is likely they will want to see if you are progressing and getting better over time.
The program itself involves:
Treatment for addiction
Counseling or therapy
Support groups
Regular drug testing
Vocational training
Educational training
Check-ins with the drug court judge
The program is not a way to escape consequences. Drug court is difficult to complete because it is a long process, and the goal is for the individual to be completely sober and no longer addicted to drugs.
Science confirms that these programs can be difficult because the withdrawal of drugs and learning to live a life without drugs are hard things for people to experience.
Who qualifies for drug court?
In order to qualify for drug court, you must:
Be a non-violent offender
Have a substance abuse/addiction problem
Be willing to enter the program
Want to break free from addiction
Not have pending criminal charges
These requirements can vary depending on the specific court, but generally, all drug courts have similar requirements.
Purpose of drug courts
The primary goal of drug courts is to help individuals break free from addiction and therefore decrease criminal activity that is related to drug abuse.
For example, a person who steals to have money for drugs is a person who may not steal under other circumstances, and if they successfully graduate from drug court, they may never see the inside of a courtroom again or get in trouble with the law.
Drug courts focus on rehabilitation and teaching people how to live a different life because an addict’s life usually revolves around their need for drugs, so they must learn a different way of life. By focusing on helping these non-violent offenders break free from addiction, they can become productive members of society, which benefits not only them but society as a whole.]]>On Behalf of Drennan Law Firmhttps://www.drennanlawfirm1.com/?p=499112024-01-26T14:18:54Z2024-01-26T14:18:54ZDrunk driving crashes increase on St. Patrick's Day
There are collision statistics affirming the claim that people often drink too much and then drive home on St. Patrick's Day. Unfortunately, like many other holidays, St. Patrick's Day sees more drunk driving collisions and fatalities than the average day would.
In 2021, the most recent year with data available, there were 47 confirmed traffic deaths caused by drunk driving collisions. The vast majority of those crashes occurred after 6 p.m. on March 17th and before 6 a.m. on the 18th. Despite the greater risk during the night hours, researchers point out that there were at least 31 drunk driving fatalities between 2017 and 2021 during daylight hours.
Due to the strong association of St. Patrick's Day with alcohol consumption and drunk driving crashes, police departments are often out in full force later in the day on March 17th. The chances of encountering sobriety checkpoints may be higher, and there may be more officers out conducting one-on-one traffic stops to screen people for signs of intoxication.
Even those who do not cause crashes might be at risk of arrest and prosecution. Heightened scrutiny of drivers on St. Patrick's Day and other holidays may lead to people facing unnecessary arrests and prosecutions. Looking over the state's evidence with an attorney may help people determine the best defense strategy when accused of drunk driving on St. Patrick's Day or another popular holiday.]]>On Behalf of Drennan Law Firmhttps://www.drennanlawfirm1.com/?p=499102024-01-13T03:48:41Z2024-01-13T03:48:41ZYour rights at a DUI checkpoint
It's crucial for individuals to be aware of their rights when stopped at a DUI checkpoint. While these checkpoints are legal in most states, understanding your rights can help protect you from potential overreach by law enforcement if you’re stopped.
The police generally do not have the authority to confiscate personal property during a routine DUI checkpoint stop. However, there are exceptions, such as the discovery of illegal substances or evidence of other criminal activities. Yet, law enforcement must adhere to strict legal limits when it comes to confiscating property. Any confiscation must be based on probable cause or a valid search warrant. Unlawful confiscation may violate constitutional rights.
Please note that in some states, law enforcement officials are at liberty to keep confiscated property or sell it to keep the proceeds. This concept is called civil forfeiture and is generally legal. North Carolina only has criminal forfeiture.
Legal safeguards against unlawful confiscation
Probable cause serves as a legal safeguard against arbitrary property seizures. For the police to confiscate property, the law requires them to have a reasonable belief that a crime has been committed or that there's evidence of criminal activity.
In the absence of immediate probable cause, police officers must generally obtain a search warrant to confiscate property lawfully. This judicial authorization helps ensure a fair and legal process, protecting individuals from unwarranted property seizures.
While DUI checkpoints are a lawful means of ensuring road safety, the police generally do not have the authority to confiscate personal property without proper legal justification. Individuals who believe their property has been unlawfully confiscated at a DUI checkpoint can seek legal assistance to challenge such actions and better ensure that justice is served.]]>On Behalf of Drennan Law Firmhttps://www.drennanlawfirm1.com/?p=499092023-12-22T18:35:31Z2023-12-22T18:35:31ZOut of state, out of mind?
Unfortunately, when you get a DUI in another state, it does not stay confined to that state’s borders. Almost all states are part of the Driver License Compact (DLC), which is an agreement to share information about traffic violations and license suspensions. The state where you got a DUI will report it to your home state, and it will appear on your driving record.
What happens when I return home?
The extent of the impact on your license in South Carolina depends on the laws of both states—the one where you got the DUI and your home state. South Carolina may act against your license privileges based on its own DUI laws, which could include suspension of your driving privileges, fines, and education programs.
Interstate Compacts and License Suspension
Some states are part of the Interstate Driver’s License Compact (IDLC), which allows a state to suspend a driver’s license in their home state based on offenses the driver committed in another state. This is another important consideration if you are dealing with an out-of-state DUI.
If you are facing an out-of-state DUI charge, it is essential to take the matter seriously, as it could affect your driving privileges in South Carolina and you might be subject to the laws in two different places. It is important to be knowledgeable about the legal implications of this type of situation.]]>On Behalf of Drennan Law Firmhttps://www.drennanlawfirm1.com/?p=499082023-12-20T02:39:44Z2023-12-20T02:39:44ZYour BAC may not decline as rapidly as you believe
It’s important to understand that feeling sober and being sober are not the same things. After some sleep, a hot shower and some fluids, you may feel sufficiently recovered from your drinking the night before to head out on your morning commute – but you may actually still be impaired.
It all has to do with how fast your blood alcohol content (BAC) level declines. Regardless of how well you tolerate the alcohol in your system, your BAC declines at the rate of roughly .015% per hour. That means if you fall into bed at 2 a.m. with a BAC of .200%, you won’t actually be below the legal limit of .080% for drivers until after 10 a.m., which is well after most people have to be on the road for work.
Even then, you may find that your reflexes are dull and your judgment isn’t the best. That alone could make you vulnerable to the kind of traffic errors that can attract the attention of the police and result in a traffic stop. If the officer judges you to be impaired, that could turn into criminal charges.
If you are arrested and charged with drunk driving, learning more about your defense options by seeking legal guidance right away can help you minimize the consequences that this situation could impose on your life.]]>On Behalf of Drennan Law Firmhttps://www.drennanlawfirm1.com/?p=499042023-12-05T00:52:13Z2023-12-05T00:52:13ZDUI convictions do, sometimes, lead to employment termination
Many people get DUIs and do not lose their jobs, so the risk of employment termination is certainly not an issue in all cases. However, it is definitely possible to lose your job as a result of a conviction. Whether you can get fired for a DUI depends on various factors, including your employer's policies, the nature of the job, local laws, etc. You’ll need to consider the following if you’ve recently been arrested for a DUI and you have concerns about your job:
Company policies: Some companies have specific policies regarding criminal offenses, including DUIs. Certain industries, especially those involving driving or positions that require a high level of responsibility, might have strict policies against employees with DUI convictions. Many companies have a conduct policy saying employees can be fired for creating negative press for the company, and an employee with a DUI in the local news may find their job in jeopardy.
Employment contract or agreements: Employment contracts or agreements may outline terms related to criminal convictions. Some contracts stipulate that certain criminal offenses, including DUIs, can lead to termination. Most workers are at-will employees and do not have contracts, but those who have signed any documentation need to carefully go over the terms.
Impact on job performance: If the nature of the job involves driving, operating machinery, handling sensitive information or making critical decisions, a DUI conviction might be seen as compromising the employee's ability to perform their duties safely and responsibly. If you got a DUI on the way to work and your employer knows that you were going to work while impaired, that could be an issue.
Legal requirements: In some professions, there might be legal requirements or industry regulations that mandate the termination or suspension of employment due to certain criminal convictions, including DUIs. An example of this is if a commercial driver gets a DUI and loses their CDL so that it’s impossible for them to work legally.
Employer discretion: Ultimately, the decision to terminate an employee for a DUI offense often rests with the employer's discretion. Employers aren’t required by law to do so, but they do have the right. Some employers might consider factors such as the employee's tenure, past performance, remorse, rehabilitation efforts and the specific circumstances surrounding the DUI before making a decision.
It's important to note that DUI convictions can result in various consequences beyond employment, including legal penalties, license suspension, increased insurance rates and social stigma. It’s, therefore, wise to learn as much as you can about your legal defense options to protect your future in the event that you’re facing impaired driving charges.]]>On Behalf of Drennan Law Firmhttps://www.drennanlawfirm1.com/?p=498962023-11-19T15:53:44Z2023-11-19T15:53:44Zwhat you need to know.
It’s not illegal to turn away (as long as you don’t do anything illegal in the process)
DUI checkpoints cannot be just “sprung” on drivers by official whims. Before a DUI checkpoint is set up, the police must publicize all dates and locations. Ideally, you should try to stay informed about where and when checkpoints will be, so that you completely avoid the situation.
That being said, you do not have to go through a DUI checkpoint just because it’s in front of you. You have every legal right to divert your course – but you need to be aware that you will attract some attention when you do. (There may even be patrol cars nearby with officers watching.)
That means you need to be very cautious and make sure that you don’t give the police any legitimate reason to pull you over, like:
Take an illegal U-turn
Forget to use your turn signals
Fail to yield to other traffic
Run a red light
Roll through a stop sign
Drive on the berm of the road
Cross a solid center line
Drive over the speed limit
In other words, you need to make sure that you obey all traffic laws precisely. Otherwise, you could end up getting the very up-close and personal attention of an officer despite your efforts to avoid the checkpoint.
If you do choose to go through a DUI checkpoint, remember that you’re committed once you start. If an officer directs you to stop, you must abide by their directions. Just be sure that you understand your basic rights against self-incrimination and what can happen if you refuse to engage in either field sobriety testing or submit to a breathalyzer if asked. If you are arrested for a DUI, it’s critical to get informed legal guidance accordingly.]]>