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South Carolina woman charged with DUI at police checkpoint

A 34-year-old woman who passed through a police checkpoint on JA Cochran Bypass in Chester during the early morning hours of July 25 reportedly did so with an open container of beer and children in her car. When police stopped the woman at the checkpoint, they noticed a strong smell of alcohol coming from her car and asked if there was an open container in the vehicle.

The woman reportedly admitted that there was an open container and handed an officer a 25-ounce can of Busch Ice. After giving the officer the can of beer, she was asked to perform field sobriety tests, and they said that her performance indicated that she was under the influence of alcohol. She was then taken into custody and transported to the Chester County Law Enforcement Center, and it was reported that she refused to give a breath sample while there.

The woman was charged with driving under the influence of alcohol, endangering the welfare of a child and having an open container in the car. She was also charged with driving without a license. There was no information as to what happened to the children in her car or how or if she was released from police custody.

Drivers who are charged with drunk driving may have their license suspended, spend time in jail and have their vehicle impounded. If a driver is found to be driving under the influence with minors in the vehicle, a drunk driving charge could be upgraded. However, it may be possible for a DUI defense attorney to negotiate a plea bargain by arguing that the best interest of the driver's children may not be served by sending that driver to jail for an extended period of time or exposing the driver to a crippling fine.

Source: WIS, "Woman charged with DUI when stopped at checkpoint with kids, open beer in car", July 25, 2014

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