Aug 2, 2014 | DUI & DWI, Felony DUI, Uncategorized
Felony DUI Arrest 
Being charged with any DUI offense is always serious, and a conviction will result in a permanent criminal record. But, a DUI is a misdemeanor and usually only requires payment of fines, ADSAP, SR-22 insurance, and loss of driving privileges for six (6) months, subject to a provisional license. However, if you are drinking while driving and someone is seriously injured or killed, you can be charged with a felony DUI that could result in years of time in state prison, up to 25 years. No one ever expects something really bad to happen. It is all too possible for an average, law-abiding citizen to find themselves in serious legal trouble from just one bad mistake in judgement. This is why you should never get behind the wheel if you have been drinking. A DUI can be the least of your worries if you become in an accident on the way home, even if someone else hits you. Even if it is a passenger in your car, you could be charged with felony DUI if anyone is seriously injured as a result of an alcohol related accident.
I am reminded of a real case out of Charleston, South Carolina. It involved a young woman who was just starting her life as a Registered Nurse (RN). She had recently married and was beginning her nursing career helping others. After work one afternoon, she and several fellow nurses went out for a drink before heading home. She had only consumed two (2) alcoholic beverages and had a relatively low BAC level. While driving home, she was in a hurry and made the fateful decision to try to pass another car on a curve. As she began her pass, she struck another vehicle head-on and killed several people inside, including a child. She was also very seriously injured but survived the crash. Because she had a blood level of 0.07%, she was charged and plead guilty to felony DUI. She was sentenced to ten (10) years in prison. Her life, while not completely over, was substantially put on hold. Her nursing career was over. Her marriage may not last for the ten years she will be away. All of this pain for a moment of bad judgement. She was a nice girl from a good family. She had never been in any legal trouble before in her life. Now, she will spend years in a women’s prison. She could not believe it. Her husband and family could not believe it either. But it happened to her. And it can happen to anybody. Even you.
Aug 2, 2014 | DUI & DWI, Felony DUI, Uncategorized
Hot Weather and Drinking 
Every summer, we notice a sharp increase in DUI arrests throughout South Carolina. While experts may ponder various reasons or scenarios for the increase, the seemingly obvious answer is it gets really hot here. Cold beer just tastes better in hot weather, and there are lots of opportunities to drink when the weather gets warmer. People enjoy going to the beach or lake for the day and getting out of the heat. Additionally, there are more social activities in the summer months, most of which will entail drinking and eating. In Charleston, you have to have beer during a low country boil. Anything less would just not be natural. In Columbia, our “famously hot” capital requires cold drinks just to survive. In Greenville, we have the downtown nightlife and bars and restaurants on the river to enjoy. And in Fort Mill / Rock Hill, we have great outdoor bars with patio areas. We are SC DUI defense attorneys, and like many of our clients, we enjoy summertime drinking activities. Just remember that the police will be out in force looking for those who drink and then get behind the wheel. If you are stopped or come up on a DUI checkpoint and have any scent of alcohol on your breath, you can expect to become the next dui arrest of the night. We are SC DUI attorneys and are here to help you if charged. But, we would rather show you how to avoid a dui arrest in the first place.
Designated Drivers
This is the best way to avoid a dui arrest after a night on the town or at the beach or lake. Simply have someone else, who has not been drinking, drive everyone home. Your safety and the safety of other drivers on the road is paramount. No one wants truly impaired drivers behind the wheel taking chances with their lives or ours. We are proponents of safe, responsible driving. Of course, most of our clients are persons who have a drink with dinner or a couple of beers with friends. They would never drive if they thought they were unsafe. They are good, hard working people with good jobs and careers. They know the risks and believe they are fine. Nevertheless, if stopped on the way home, they will be asked to perform field sobriety tests and then breath tested. Even if they “blow” below the 0.08% presumptive legal limit, they will still be arrested and spend the night in jail. The only real way to avoid a DUI arrest is to wait until you get home or not drink at all.
Jul 9, 2014 | DUI & DWI, Uncategorized
Horizontal Gaze Nystagmus (HGN) Test 
If you have been arrested for a DUI then you have probably been subjected to the DUI Eye Test, more commonly known as the Horizontal Gaze Nystagmus (HGN). This test is actually one of three (3) standardized tests recognized by the National Highway Transportation Safety Administration (NHTSA). If properly administered, many police departments swear by the results and often take the position no other testing is necessary. Nystagmus is an “involuntary jerking” of the eyes which officers claim cannot be “faked” by those individuals who have been drinking or using certain types of drugs. Of course, even NHTSA research has concluded this test is only accurate to a limited degree in the best of conditions. In this article, we show other possible, non-impaired, reasons why some people will have HGN without any relation to alcohol consumption.
In the HGN test, the officer observes the eyes of a suspect as the suspect follows a slowly moving object such as a pen or small flashlight, horizontally with his or her eyes. The examiner looks for three indicators of impairment in each eye: if the eye cannot follow a moving object smoothly, if jerking is distinct when the eye is at maximum deviation, and if the angle of onset of jerking is within 45 degrees of center. If, between the two eyes, four or more clues appear, the suspect likely has a BAC of 0.08 or greater. As you’re probably thinking right now, this test is far from being scientifically accurate. As you also guessed, there are many reasons other than alcohol that are medically known to cause this jerk. Many of these medical conditions are listed below. Do any of these apply to you?
- inner ear infection or condition
- irrigating ears with warm or cold water
- influenza
- streptococcus infection
- natural or induced vertigo
- measles
- syphilis
- arteriosclerosis
- muscular dystrophy
- multiple sclerosis
- Korchaff’s syndrome
- brain hemorrhage
- epilepsy
- hypertension
- motion sickness
- sunstroke
- eye strain
- eye muscle fatigue
- glaucoma
- atmospheric pressure changes
- excessive caffeine
- excessive nicotine
- aspirin usage
- circadian rhythm changes
- acute head trauma
- chronic head trauma
- certain prescription drugs, tranquilizers, pain medications
- barbiturates
- neural disorders of the vestibular apparatus and brain stem
- cerebellum dysfunction
- heredity
- diet
- toxins
- exposure to solvents, PCBs, dry cleaning fumes, carbon monoxide
- extreme chilling
- eye muscle imbalance
- certain lesions
- the continuous movement of the visual field past the eyes
- antihistamine use
As you can now see, there are many reasons for HGN in persons without having consumed any alcohol. There are also improper testing reasons for a false HGN finding that we will show in a subsequent posting. For now, just know that DUI suspects who “fail” HGN testing may have a number of valid and persuasive defenses at their disposal. And, HGN testing is just one of many factors that can be challenged in a DUI arrest.
Be Safe. Get Home.
Jul 9, 2014 | DUI & DWI, Uncategorized
What is ADSAP? 
ADSAP is the South Carolina Alcohol and Drug Safety Action Program. It is a statewide substance abuse program for:
1. Individuals who are convicted of Driving Under the Influence (DUI) [S.C. Code Ann. Section 56-5-2930] or driving with an unlawful alcohol concentration which equates to a blood alcohol concentration (BAC) of .08% or greater. [S.C. Code Ann. Section 56-5-2933];
2. Individuals who are referred by the South Carolina Department of Natural Resources for boating under the influence (BUI); and
3. Individuals whose licenses are suspended through the state’s Administrative License Revocation (ALR) procedure. Drivers fall in this category if they are charged under the provisions known as “zero tolerance” which targets drivers under age 21 or “.15” which is in addition to a charge of DUI or driving with an unlawful alcohol concentration for drivers of any age who operate a vehicle with a BAC of .15% or greater.
4. An individual also is subject to ALR if he refuses to take a blood, breath or urine test for the presence of alcohol or other drugs.
If you are convicted of DUI or driving with an unlawful alcohol concentration you must enroll within 30 days of your conviction.
When should I contact ADSAP?
You should contact an ADSAP representative immediately after you are notified that you must successfully complete the program. Again, you must enroll within 30 days of your conviction.
What happens if you don’t enroll in ADSAP?
The court will be notified if you fail to enroll in a certified program within 30 days or if you fail to participate in the pan of education or treatment. The court can also hold you in contempt of court if you can’t show cause as to why you didn’t enroll in the 30 days or if you can’t explain why no progress has been made on the plan of education. You need to understand that this is serious and contempt could mean you having to serve jail time.
The ins-and-outs of fighting a DUI can be complex and if you’ve been arrested you already have enough on your mind worrying about your job, career, or future. This is why it’s so important to hire an experienced DUI/BUI attorney to help you navigate the shifting channels of the court system.
Apr 3, 2014 | Criminal Defense, DUI & DWI, Uncategorized
Felony DUI Charge in Wrongful Death of Child
A Lexington, South Carolina man, who was accused of killing a 6-year-old girl in a drunken crash, has pleaded guilty to a felony DUI. He has been sentenced to spend the next 10 years in prison and pay a $15,000 fine. It is reported that the man was traveling just under 60 miles per hour when he ran through a red light, smashing into a minivan carrying six members of the little girls’ family. The speed limit in the zone was 35 mph, and there were no skid marks leading to the minivan. The man’s blood-alcohol level was nearly 0.21 percent, which is almost three times the legal limit. The man’s mother apologized to the girl’s family through sobs in the courtroom. Following this statement, the mother of the little girl fell to her knees in front of the people in the courtroom reliving the evening. The crash also critically injured two other family members in the van. Based on this horrific case of a family being traumatized by a drunk driver, South Carolina is poised to pass a new, stricter law for first-time DUI offenders called “Emma’s law.”
Since the incident, the legislature in South Carolina has attempted to enact Emma’s law which targets first-time convicted DUI offenders and requires them to install an ignition interlock device in their vehicle. With the ignition interlock system, if the person blows a .02 or higher, the car will not start and hopefully, keep that driver off the road and keep the public safer. The defendant at issue here, who was convicted, has agreed to appear before the state legislature to push for Emma’s Law. This law was recently been referred to the House Committee on Judiciary in 2013. Emma’s law is one of the harshest DUI laws that has been proposed in quite some time in the state of South Carolina. This new law, if passed, would require that even first-time DUI offenders have to blow into a special device called an “ignition interlock system” to start their vehicle. This system is currently a device that is used for only repeat offenders driving under the influence.
Update:
Since this blog was originally posted, the so-called Emma’s law was passed unanimously and will go into effect October 1, 2014, Now, if convicted of a DUI in which the blood alcohol concentration (BAC) level is 0.15 or greater, that driver will be required to install an ignition interlock device in all vehicles that they have access. This hope is this new law will discourage new DUI arrests and/or dissuade convicted DUI drivers from driving while impaired again. Time will tell. Seemingly, the only real deterrent to DUI arrests is more enforcement through checkpoints and public awareness campaigns to phone suspected drunk drivers on the road.
Be Safe. Get Home.
Mar 26, 2014 | DUI & DWI, Uncategorized
DUI with Children in Vehicle 
A Rock Hill resident was arrested recently when she was driving drunk with her three minor children in the vehicle at the time. The Rock Hill Police Department reported that the incident occurred around 2:30 a.m. on Saturday morning when the Traffic Enforcement Unit was alerted to a swerving vehicle traveling down Cherry Road. A Rock Hill Police officer located and then followed the swerving vehicle for a short distance before initiating the stop, which ended at the intersection of Cherry Road and John Street, in downtown Rock Hill. The officer stated he smelled alcohol emanating from the vehicle. The 34-year-old mother had her three children in the vehicle at the time, ranging in ages from six to thirteen.
According to South Carolina law, the child endangerment definition and penalties provide that the state is permitted to take the child into protective custody if certain elements are met. S.C. SECTION 56-5-2947(2013) Specifically, if a person, who is over the age of eighteen (18), they will be found guilty of child endangerment in conjunction with being convicted when the person eighteen years of age or over is guilty and has one or more passengers under the age of sixteen (16) in their vehicle when the violation occurs. Id. In the case at hand, the violation rises to the level of child endangerment when the defendant drove while intoxicated with her three minor children in the vehicle, all under the age of sixteen (16).
A DUI charge is serious enough. But when you add child endangerment, the penalties are significantly enhanced, and you may face having your children taken from you and placed into protective custody. The obvious concern is for their safety in addition to the safety of other drivers on the road. However, it is surprisingly easy to find yourself in the position. We have had clients in the past who simply went out to get more beer from the store. They had consumed seemingly little alcohol, and it was early in the evening. They thought they were fine to drive and would never have knowingly placed their children in harm’s way. Nevertheless, when stopped for suspicion of DUI, their children were taken into custody as well, a frightening experience to say the least.
If charged with child endangerment as part of a DUI arrest, you absolutely need to be experienced DUI representation. We are Rock Hill DUI lawyers and will aggressively defend your case. Call us now for answers and potential options.
