Clemson DUI/DWI Attorney Blog

States advised to lower BAC levels

2013-05-17T18:23:02Z

The South Carolina legislature, along with those of other states, has been advised to consider lowering current legal blood alcohol content limits from .08 percent to .05 percent by the National Transportation Safety Board. The NTSB makes this recommendation as part of an overall plan to reduce drunk driving accidents and deaths. Currently, drunk driving charges can be made if drivers have a blood alcohol content equivalent to more than four drinks per hour for the average 180-pound man; the change would mean the same man might register as impaired after consuming only two beverages.

The controversial proposal comes about in an effort to stem the tide of injury and death associated with DUI accidents. Current statistics show that about one-third of all vehicle deaths are alcohol-related. The NTSB is also advising that police should be able to confiscate licenses of those who do not pass a field sobriety test when pulled over for drunk driving. These measures are seen as a way to make the roads safer, with the NTSB claiming that between 500 and 800 fatalities could be prevented each year if states adopt these measures.

]]> While making the roads safer seems to be a good plan, there may be problems with the proposals by the NTSB. For one thing, drivers may be listed as impaired when they are not, since alcohol metabolism rates vary greatly among individuals. Further, allowing the police the power to confiscate a license may give authorities power to circumvent the due process system.

A DUI attorney may be able to represent an individual accused of drunk driving. A DUI charge carries with it significant penalties including driver's license suspension and heavy fines, so a person charged with drunk driving must be able to mount a strong defense to avoid these penalties.

Source: CNN, "Tougher drunk-driving threshold proposed to reduce traffic deaths", Mike Ahlers, May 15, 2013

S PAUL AARON ATTORNEY

2013-05-10T18:29:02Z

Police arrest South Carolina driver after alcohol-related crash A South Carolina man was arrested and taken to jail after an alcohol-related traffic accident just after midnight on April 29. According to police, the 55-year-old driver hit another vehicle at the 1800 block of Huger Street, and then tried to leave the scene. After failing the field sobriety test officers administered, he was arrested on DUI first offense and hit and run charges. At first glance it would seem the man would receive a lighter sentence because this was a first offense. In South Carolina a DWI first offense incurs a $400 fine, no more than 30 days in jail and a six-month license suspension. But the driver allegedly made a bad situation worse by attempting to flee the scene. When the case goes to court the judge may make the sentence tougher because of the driver?????????s apparent actions. Drunk driving is taken so seriously in the state of South Carolina that in 2012 legislators strengthened the DUI laws to allow the courts to count DUI arrests in other states as previous convictions. The April arrest may have been a first in South Carolina for this driver, but if any DUIs from elsewhere surface in the investigation the penalties will be harsher. A second offense within 10 years brings a fine of between $2,100 and $5,100 and up to 12 months in prison, and a third offense means a fine of $3,800 to $6,300 and a maximum three-year prison sentence. South Carolina lawmakers are considering even tougher measures. A bill is being debated that would require drivers convicted of a first DUI and having with a BAC level of 0.12 or higher to install ignition interlocks on their cars. Drivers arrested on DUI charges stand to lose earned income if they miss time from work because of a jail sentence in addition to facing a hefty fine. Anyone finding themselves in this kind of situation may want to consider hiring a DUI attorney to help them get their life back in order. Source: The State, ?????????Man charged with DUI in Columbia hit-and-run,????????? John Monk, April 30, 2013 WLTX, "SC Senate Ddebating Tougher DUI Law," Robert Kittle, Feb. 26, 2013]]> Source: The State, "Man charged with DUI in Columbia hit-and-run", John Monk, April 30, 2013

Supreme court upholds blood test rulings

2013-05-01T18:24:38Z

If a driver in South Carolina is pulled over under suspicion of DUI, the police may no longer administer a blood-alcohol test without permission or a warrant in most cases. This is due to a recent ruling from the Supreme Court where a man was given a blood test without his permission or a warrant, and two lower courts threw out the evidence because of it. The Supreme Court upheld the lower courts ruling stating that the dissipation of alcohol in someone's blood stream is not sufficient to override the requirement that police get a warrant before subjecting someone to a blood test.

In the case in question, a man was pulled over after a police officer observed the man speeding and swerving. The man had two drunk driving convictions and failed several field sobriety tests. After he refused to take a breath test, the police officer took him to a hospital for a blood test but did not obtain a warrant to do so.

]]> Even though the man's blood tests showed his blood-alcohol level was nearly twice the legal limit in the state, the officer's failure to get a warrant for the blood test made the evidence inadmissible. The only exceptions to the requirement for someone's permission or a warrant are in cases in which evidence could be destroyed or if an individual's life is in danger.

If someone has been charged with a DUI and he or she is convicted, he or she could face large fines, a suspended or revoked driver's license and even jail time. Individuals may benefit from contacting a lawyer who could help them build a defense and possibly determine if proper procedures were followed by the police.

Source: NPR, "Court Rejects Routine No-Warrant DUI Blood Tests," April 17, 2013

South Carolina man faces multiple charges after hit-and-run

2013-04-26T20:31:19Z

A Greenville man faces multiple charges after allegedly driving though a parking garage's exit arm, driving off the road, onto a sidewalk and into a tree before continuing to drive with a missing tire and striking another vehicle. After striking the tree, the man reportedly turned the wrong way down a one-way street and struck a car before finally coming to a stop. After tracing his route, police believe that he also struck two cars in a parking garage and the garage pay booth before driving through the exit arm.

His charges include driving under the influence, two counts of third-degree assault and battery, hit-and-run with minor injury and another unspecified driving offense. These drunk driving charges are extremely serious and could have long-lasting consequences for the accused if he is found guilty in a court of law.

]]> Whether the driver faces felony charges depends largely on the condition of the people that were harmed. If any of the parties involved die as a result of their injuries, then the accused will face felony charges under South Carolina law. However, even the misdemeanor DWI charges can be quite serious and carry potentially long-term repercussions.

The penalties in the state vary depending on the offense, but they often include hefty fines, suspension of the convicted individual's license and even time in custody. An attorney in South Carolina with experience in DUI defense may explain the potential consequences and help accused drivers with a solid defense for their court date. In some cases, the attorney may be able to negotiate a plea bargain with the prosecution in order to reduce or eliminate some of the charges and associated penalties faced by the accused individual.

Source: Channel 3 WBTV, "Police: SC Drunk Driver runs into parked cars," April 8, 2013

Man injured in alleged DUI collision making progress

2013-04-19T14:15:38Z

After being seriously injured in an car accident on Sept. 8, 2012, a former Skydive Carolina skydiving instructor is responding to treatment and is beginning to communicate. The man who injured him is facing felony drunk driving charges after driving the wrong way down Interstate 77 and colliding with the victim head on. The alleged drunk driver is also facing an open container violation.

Law students at USC held a party where more than 150 friends and family members of the victim came together to raise money for their injured loved one. Before the accident, the man had participated in over 1,600 jumps from airplanes. At the time of the accident, he had to be taken by helicopter to Palmetto Health Richland where he remained in a coma for some time.

]]> The alleged drunk driver also had to be transported to the hospital after the head-on collision. Investigators said that the man was traveling south in the northbound lane of I-77 around 6 a.m. when the accident occurred. The accident victim, in addition to temporarily being in a coma, also suffered leg, abdomen and back injuries in relation to the crash.

DUI charges become much more severe when a person is seriously injured in an alcohol related accident. Anyone who faces felony DUI charges, or any DUI charge for that matter, likely has an uphill battle ahead of them. It's important to note, however, that there are defenses for these types of charges. If a victim contributed to their own accident or an alleged drunk driver wasn't properly tested for blood alcohol content (BAC), for instance, a DUI attorney might be able to have charges against them reduced or even outright dropped.

Source: WISTV, "Law students rally for classmate injured by suspected drunk driver," Taylor Kearns, April 4, 2013

Source: WISTV, "Driver charged with DUI after wrong way crash on I-77," Renee Standera, Sept. 9, 2012

South Carolina man accused of drunk driving in fatal crash

2013-04-09T10:15:56Z

A South Carolina man was involved in a fatal crash with a mother and two children that occurred on Interstate 26. After the crash occurred, the 29-year-old mother was taken to The Medical University of South Carolina and later died. Officials state that there were two children in the car with her: one of whom was not restrained. The children were also taken to the hospital; their conditions as well as their relations to the mother have not been released.

The 30-year-old man who was driving the vehicle that hit the woman and two children is accused of drunk driving and was charged with a felony DUI involving death and great bodily injury as well as two counts of child endangerment. The man is being held on a $94,665 bond for drunk driving charges at the Al Cannon Detention Center.

]]> Individuals convicted of driving while intoxicated face dire penalties, such as stiff fines and county jail or state prison sentences. They may also be required to refrain from alcoholic substances during probationary periods as well as have ignition interlock devices installed in their vehicles. Additionally, they are subject to increased insurance premiums and the possibility of being sued by other parties involved in the crash for damages and restitution.

The severity of the consequences is influenced by a variety of factors, such as whether or not anyone was killed or injured in the crash as well as the alleged drunk driver's prior driving record. A skilled DUI lawyer can help negotiate penalties for DUI charges, sometimes getting the charges reduced to those that carry lesser sentences. A lawyer may also be able to advocate the need for rehab rather than jail time for defendants.

Source: WBTW, "SC mom dies, 2 children hurt in crash with drunk driver, police say," March, 13, 2013

South Carolina man accused of having BAC three times legal limit

2013-04-05T20:51:18Z

Authorities in Lexington recently charged a 33-year-old businessman with DUI. The arresting officer reported that the man was speeding, ran a red light and nearly drove his vehicle into a pond. The businessman has previously received Lexington Chamber's Young Professional of the Year in 2012.

The report indicates that despite being advised he was under arrest for drunk driving charges, the driver was compliant with the officer. After pulling to the side of the road for the traffic stop, the man advised the officer that he had consumed one beer at an event. He failed a series of field sobriety tests and later blew a .23 after submitting to a breathalyzer at the county jail.

]]> The next morning, he was granted a $2,267 bond. By law, his license was suspended for being charged with having a blood alcohol content above .16 while operating a motor vehicle.

Individuals who are charged with DUI face serious consequences if convicted. Experienced DUI attorneys may be able to assist those accused by getting charges reduced or thrown out of court. Some courts take into consideration a person's criminal record and community involvement. Courts may also take into account how an accused person and the arresting officer behaved at the time of the arrest. Misconduct by an officer can possibly result in charges being dismissed. Breathalyzer machines are sometimes not calibrated properly, which can lead to incorrect readings. Final dispositions on cases depend heavily upon the evidence presented.

Source: WISTV, "Lexington's 'Young Professional of the Year' charged with DUI of 3 times legal limit," Jody Barr, March 21, 2013

Breath test thrown out for alleged bad instructions

2013-03-28T17:06:21Z

A South Carolina municipal judge said that a breath test could not be used as evidence in a court case because the police officer who administered it reportedly gave incorrect instructions during the test. Datamaster is the only machine that police officers can use when giving breath tests in South Carolina, and according to an instructional video, users should not be instructed to blow hard. A police officer reportedly told the person being tested several times to do just that.

The Datamaster works by using infrared lights to absorb air that comes out of someone's mouth. How the light absorbs the air is determined by its contents, and the amount of ethanol from alcoholic beverages can be measured. Since the most accurate readings come from deep lung air, officers are instructed to tell people to take deep breaths and blow as long as they can. Because the machine expects a continuous exhalation, blowing harder may produce higher results.

]]> Although a city judge's decision may not hold in other districts, this ruling may cause defense attorneys to reconsider the ways they represent clients. One defense attorney believes that officers in numerous locations are not administering breath tests correctly.

In South Carolina, being charged with a DUI can have enormous consequences, which is why it may be important for people in this circumstance to speak with attorneys. Criminal defense attorneys may be able to assist people in building strong defenses, and they may also investigate to determine whether all legal procedures were followed correctly. Criminal defense attorneys may also be able clarify defendants' rights and options and help them understand the intricacies of the legal processes that they may have to go through.

Source: The State,"Breath test thrown out in Columbia DUI," Noelle Phillips, March 12, 2013

Government official arrested for impaired driving

2013-03-22T16:13:47Z

A 52-year-old government official was taken into custody on March 2 for a DUI after his involvement in an accident in Mt. Pleasant, in which he rammed into another car at a red light. The suspect admitted he had some drinks. According to the police report, an officer could smell the odor of alcohol and observed what appeared to be alcohol spots on his clothing. He allegedly struggled as he attempted to do basic tasks and slurred his words.

The suspect could not perform field sobriety tests and was taken into custody for a DUI. He would not submit to a breathalyzer test. The suspect, who has served as a government official since 2009, was released without bail on his own recognizance.

]]> In some cases, DUI offenders face a variety of mandatory penalties that are intended to emphasize the seriousness of their actions and deter them from future drinking and driving. Consequences might include community service hours, loss of license and costly fines and fees. A convicted offender might need to install an ignition interlock device on his or her vehicle, which measures the alcohol content of the driver's breath before the vehicle will start. Finally, some DUI arrests could mean mandatory time in custody for the offender.

However, a knowledgeable South Carolina criminal defense attorney might provide helpful counsel for the defendant. The suspect faces charges of impaired driving, made more serious because of his government position. An attorney who understands the nuances of defending clients accused of DUI may be able to represent him and argue for reduced charges in light of his public service and responsibility in the community. Additionally, the attorney may verify that the field sobriety tests were conducted properly in order to ensure the defendant gets a fair trial.

Source: WISTV, "Mt. Pleasant councilman charged with DUI," March 4, 2013

New law requires ignition interlock for drivers convicted of DUI

2013-03-13T19:57:47Z

A new bill has recently passed the South Carolina Senate that would require DUI first offenders with blood alcohol percentages over .12 to install ignition interlocks on their vehicles. Currently, those convicted of drunk driving charges for a second time are required to install interlock devices. Under the new law, second and subsequent offenses by drivers with BACs of .08 or higher would still be subject to mandated interlocks, but first-time high-level BAC drivers would also fall under the rule.

Ignition interlock devices require drivers to blow into a tube that records blood-alcohol level before the car will start. A small camera records the driver's image to be sure that the person blowing into the tube is the intended driver.

]]> The bill passed the Senate unanimously, despite admitted problems. For example, there is no real way to keep offenders from renting or leasing a car or borrowing one from a friend or family member. However, statistics show that other states with interlock laws have seen a reduction in DUI fatalities of as much as 50 percent. Some officials in law enforcement think that the penalties for non-compliance are not stiff enough; currently, the fine for failing to install the device is $300, 10 to 30 days in jail, or both. The new bill would raise the fine to $500, jail time to 90 days or six months home detention and an additional six months of interlock requirements. A second offense would mean a $1,000 fine and up to 90 days in jail or home detention up to six months while a third offense would be a felony.

Individuals facing drunk driving charges may benefit from talking to a DUI attorney. In some cases, DUI lawyers could help those charged with drunk driving reduce their fines or sentences.

Source: WJBF News Channel 6, "South Carolina passes tougher DUI bill," Randy Key, Feb. 27, 2013

Prison for student who killed pastor in drunk driving accident

2013-03-08T02:44:19Z

In 2011, an intoxicated 20-year-old University of South Carolina student drove up onto a sidewalk, hitting two cars and killing a pastor. The drunk driving accident occurred at Whaley and Assembly Street where the student ran a red light at the intersection. Witnesses stated that the student's Ford Escape continued on the sidewalk for roughly half a block before impact. The 71-year-old Midlands pastor, who occupied the second vehicle that was hit, was pronounced dead at the site of the accident.

The drunk driving charges were heard by a Columbia judge nearly two years after the fatal accident occurred. Although the student could have been sentenced for 25 years, the judge imposed a prison sentence of 15 years and a $10,100 fine following the student's guilty plea to the DUI charge. Her sentence was suspended to one year with a five-year probation.

]]> A spokesperson for the pastor's survivors emphasized the family was not "holding any type of hatred or bitterness" toward the student in regards to the accident. The student maintained a 3.6 grade point average in criminal justice at the University of South Carolina.

DUI charges could be reduced or even dismissed if a criminal defense attorney is able to show improper police procedures or erroneous Breathalyzer results. In the case of a conviction in South Carolina, an attorney may be able to present mitigating factors during trial proceedings or sentencing to obtain credit for good conduct that may reduce the overall time a person is to serve in jail or prison. Additionally, an attorney be able to negotiate for lesser penalties in exchange for a guilty plea.

Source: WISTV 10, "USC student charged in pastor's death pleads guilty to DUI, gets year in prison," Jeremy Turnage, Feb. 22, 2013

Proposed bill would require breathalyzer program for offenders

2013-03-01T18:40:29Z

The South Carolina Senate is now considering a bill that would require first time DUI offenders to install ignition-interlock breathalyzers in their vehicles. If the new law passes, people who fail field sobriety tests with a blood-alcohol content of .12 percent or more would be required to connect a breathalyzer to the ignition in their automobile. Currently, the law only requires second and third offenders to do so.

When a breathalyzer is installed in a vehicle, people have to pass a blood-alcohol test before the automobile will start. Under the current law, people with multiple DUIs are required to install these devices after having their licenses suspended so that driving privileges can be restored.

]]> Opponents of the bill say that first offenders should not have to go through this process and that it should continue to be a punishment only for repeat offenders. Those who support the bill say that it helps offenders get back to work by allowing them to drive sooner. Repeat offenders would be required to install a breathalyzer immediately and forego the license suspension.

If someone has been charged with a DUI, it may be beneficial for them to speak with a DUI/DWI attorney. An attorney experienced in the field of driving laws may be able to help someone fight charges if legal procedures were not followed correctly. Additionally, a lawyer could help someone understand their options and may help to ensure that legal rights are protected.

Source: Herald Online, "SC bill would expand breathalyzer program for DUI offenders," Jamie Self, Feb. 12, 2013

South Carolina man faces felony DUI after fatal accident

2013-02-21T03:03:16Z

A driver from Columbia was charged with a felony driving under the influence after a two-car accident that left another man dead. According to the West Columbia Police Department, the crash occurred at Meeting Street and Sunset Boulevard, and along with the drunk driving charges, the driver was admitted to a hospital for treatment.

The victim, who was taken to Lexington Medical Center, succumbed to his injuries. The 26-year-old man was a passenger in one of the vehicles of the crash.

]]> A fatal DUI accident is a serious event. Not only does the loss of life lead to suffering among the family and friends of the victim, but the life of the driver who is charged with the felony DUI will be drastically changed as well. With the possibility of a long jail sentence, hefty fines and suspension of a driver's license that can result, a conviction can alter the course of one's life as well as impact future employment opportunities and quality of life.

While the presence of alcohol or drugs in a driver's system at the time of an accident is a necessary element of a felony driving under the influence charge, it is not the only aspect. For a felony DUI conviction, it also must be shown that the impaired driver caused the accident. Sometimes, this is not the case. For example, another driver in the accident may have violated traffic laws or acted negligently in some manner, which initiated the accident and the resulting injuries or death. An attorney is a great resource to further understand the specifics of felony DUIs and is often a critical component in defending against such charges.

Source: The State, "Columbia man charged with felony DUI in accident," Feb. 4, 2013

South Carolina internal affairs chief fired after traffic stop

2013-02-13T21:57:22Z

On Jan. 10, a South Carolina state trooper stopped a swerving vehicle on the suspicion that the driver may have been intoxicated. The driver turned out to work for the South Carolina Department of Safety as the chief of the Office of Professional Responsibility. The man argued with the officer, refused to participate in field sobriety tests and was handcuffed as a result.

The driver eventually took and passed the field sobriety tests. He was not charged with driving under the influence. However, the Department of Public Safety fired the driver for his conduct during the police stop. The department has a code of ethics that requires its employees to behave with courtesy and integrity.

]]> A patrol car video taken of the incident shows the former chief make disparaging comments about the South Carolina Police Department. He asked repeatedly for the name of the trooper's supervisor and demanded to talk to other high-level officials with the department. A South Carolina Department of Public Safety corporal later arrived on the scene and consulted with his supervisors.

South Carolina law carries strict penalties for convictions of driving under the influence of alcohol, including fines and jail time. If the driver's blood alcohol level was above .10 percent, or it is not his or her first DUI arrest, the minimum penalties are increased. Additionally, drunk driving arrests can result in professional and social consequences, as we see in this case. Any person faces charges of driving under the influence may benefit from speaking with an experienced criminal defense attorney.

Source: Charlotte Observer, "SC Public Safety internal affairs chief fired," Feb. 2, 2013

Hanahan woman charged with felony DUI after deadly wreck

2013-02-05T21:47:59Z

A 27-year-old Hanahan woman was arrested and charged with felony DUI in late January after being involved in a deadly accident in Charleston County. The woman is now facing several drunk driving charges, including felony DUI with great bodily injury and felony DUI with death, according to a news report.

The accident resulted in the death of a 35-year-old Charleston man and the injuries of several others. The woman would have been charged with a felony even if this had been her first DUI offense. She was already awaiting trial on a previous misdemeanor DUI that she had been charged with one year earlier.

]]> The accident occurred when the allegedly intoxicated woman tried to correct herself after driving onto the median of I-526. It has not been reported if the accident victim was wearing a seatbelt, but authorities say that he was found on the ground outside of his Jeep when they arrived. The alleged drunk driver was also injured and taken to the Medical University of South Carolina. She was held on a bond of over $70,000 the following day.

Being charged with any DUI, even if it's a DUI first offence, can result in very serious potential consequences. In the case of the aforementioned woman, however, the DUI charges levied against her are so severe that she could receive what some may perceive as a life sentence in prison. An individual facing such severe drunk driving charges may need the help of a DUI lawyer to resolve the case.

Source: WIS TV, "Records: Woman charged in man's death had prior DUI ," Jan. 27, 2013