Jan 31, 2014 | Criminal Defense, Drug Crimes and Controlled Substances Defense, DUI & DWI, Uncategorized
The answer to this question is a resounding YES. In South Carolina, a person is guilty of DUI if he or she drives a motor vehicle within the State under the influence of “any drug, combination of drugs, or combination of drugs and alcohol to the extent that the person’s faculties to drive were ‘materially and appreciably’ impaired.” S.C. Code Ann. § 56-5-2930(A) (West 2009)
In South Carolina, the implied consent laws apply. Therefore, a person who drives a motor vehicle in the State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs or the combination of alcohol and drugs if arrested for an offense arising out of acts alleged to have been committed while the person was driving the motor vehicle while under the influence of alcohol, drugs, or a combination of both. S.C. Code Ann. § 56-5-2950(A) (West 2009)
- Further, the DMV in South Carolina MUST suspend the driver’s license, permit, or nonresident operating privilege of or deny the issuance of a license or permit to a person who drives a motor vehicle and refuses to submit to a blood test. S.C. Code Ann. § 56-5-2951(A) (West 2009)
- The accused has the right to have a qualified person of his own choosing conduct additional independent tests at his expense. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples obtained at the direction of the law enforcement officer. Id. §§ 56-5-2950(B)(3),(D).
Penalties
- First offense – fine of $400 or imprisonment for a period of not less than 48 hours, nor more than 30 days; Or minimum of 48 hours of public service; offender required to complete an Alcohol and Drug Safety Action Program. § 56-5-2930(A)(1).
- Second offense – fine of not less than $2,100, but not more than $5,100 and imprisonment for a period of not less than 5 days, but not more than 1 year; offender required to complete an Alcohol and Drug Safety Action Program. § 56-5-2930(A)(2).
- Third offense fine of not less than $3,800, nor more than $6,300, imprisonment for a period not less than 60 days nor more than 3 years; offender required to complete an Alcohol and Drug Safety Action Program. § 56-5-2930(A)(3).
- Fourth and subsequent offense – imprisonment for not less than 1 year nor more than 5 years; offender required to complete an Alcohol and Drug Safety Action Program. § 56-5-2930(A)(4).
So, if you or a loved one has been arrested, and your arrest falls under the purview of any of these laws and penalties, contact the law offices of Reeves, Aiken & Hightower, LLP toll-free at 877-374-5999 for a confidential consultation.
Jan 21, 2014 | Criminal Defense, DUI & DWI, Felony DUI, Uncategorized
Along with the cold weather and the New Year, you can count on there being an increased number of roadblocks in sporadically placed through South Carolina.
Law Enforcement officers target DUI offenders with roadblocks during the end of each month to reach their specified “quota” assigned to them. However, there are several ways to avoid being stopped at a DUI Sobriety checkpoint or roadblock. A few of the more sensible tips are included below.
1. Avoid Obvious Sobriety Checkpoint Locations
DUI Enforcement Police Officers are most likely going to set up their checkpoints where they think they can catch the most offenders. You should realize that federal law does not allow roadblocks on interstate highways so getting to the interstate to avoid a roadblock is common strategy used to avoid being stopped. Keep in mind that police are permitted to set up their checkpoints along main highways or roads that lead to interstate highways so this tactic is not fool proof.
2. If possible, avoid late night locations where there are a lot of bars and restaurants.
These areas generate a lot of police patrol due to the high volume of people and the large amount of people in the area consuming alcohol. It makes sense that police officers want to set up in areas near bars and restaurants that stay open later than all the other establishments because it is a target rich environment.
3. Be aware that police officers sometimes will have “chase” cars stationed at each roadblock location to stop any drivers who turn around from a checkpoint.
These cars will usually be placed in strategic locations so officers can target drivers who blatantly try to turn around or erratically avoid the checkpoint. Unfortunately, police officers often times assume that any driver who turns before a checkpoint is automatically trying to avoid the checkpoint because they’ve been drinking.
4. And, of course, the very best way to avoid being arrested at a DUI sobriety checkpoint is simple: Don’t drink and drive.
This tactic seems obvious but it is honestly the only guaranteed method to avoid any repercussions from a DUI Checkpoint. At the end of the day, it is a much smarter decision to take a taxi or get a ride from a designated driver.
If you have been arrested for a DUI because of a DUI Checkpoint or DUI Roadblock it is critical that you hire an attorney with experience fighting these types of cases. The consequences of a DUI conviction are greater than they ever have been before. So make sure you have an attorney who is aggressive in representing you.
If you have been charged with a DUI or have been arrested at a DUI checkpoint, contact the attorneys at Reeves, Aiken & Hightower, LLP. Contact us toll-free at 877-374-5999 or contact us at this link for a private consultation.
Jan 3, 2014 | Criminal Defense, DUI & DWI, Felony DUI, Uncategorized
Prior to the 2013 decision made by the Supreme Court of the United States, a warrant was not needed anytime someone refused a breathalyzer test or the intoxilizer at the police station after being arrested for a DUI.
Driving on our thoroughfares is considered a privilege and not a right. Thusly, if you refuse to take a breath test or the dreaded ” breathalyzer,” you are subject to having your blood drawn at your expense. This cost is usually roughly $1,000 or more.
However, since the latest decision b the Supreme Court in 2013, the court held that if it is practical to do so, then a warrant is now required before a blood sample can be taken from a DUI arrestee. What the court means by saying, ” if practicable to do so,” is simply that if there is time to get a warrant through all the proper protocol ( probable cause, neutral and detached magistrate with facts pleaded with particularity, etc.), then the officer should do so.
This is actually a simple concept. For example, if a person refuses to take the breath test, then the implied consent laws kick in, and either way, they must be submitted to a blood test or some other form of taking the person’s BAC level. Now the officer and the detainee in the back of his police car probable have anywhere from 10-30 minutes prior to reaching the intoxilizer station. This is plenty of time to get a valid warrant.
By making this rule, the Supreme Court has helped both sides of the spectrum. From the prosecutorial side, needing a warrant only solidifies their case when blood is drawn. However, it also helps the criminal defense side immensely, because, without the proper warrant, no blood can now be taken, which gives criminal defense attorneys more room for argument.
This law is very new and has just recently been enacted at the start of this year. If you find your blood being drawn without a proper warrant after you have been charged with a DUI in South Carolina, contact the criminal defense attorneys at Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for more information
Dec 31, 2013 | Criminal Defense, DUI & DWI, Felony DUI, Uncategorized
It’s not uncommon for us to go out with friends or family for a meal and perhaps decide to enjoy a drink. How
ever if you are driving it is important to drink responsibility and know when to stop so you can drive home safely. But how do you know how many drinks are too many to not put you over the legal limit of .08%?
Generally people know what their limit before they are too intoxicated, but some people may feel like they are not intoxicated and yet still be over the legal BAC limit to operate a vehicle.
Your Blood Alcohol Content Level (or BAC) is based upon the amount of alcohol that is resent in our bloodstream while you are enjoying your cold libation. Scientifically speaking, it is calculated by determining the milligrams of alcohol that are present in a portion of your blood.
There are many general guidelines for both men and women based on weight as to how many drinks per hour it takes to reach a certain BAC level that can be found easily on the internet. While this is a good general guideline, the level may vary depending on the particular person, so it is not an absolute science. Other than having a portable breathalyzer to test yourself, looking at a drink/size ration chart may be a good way to estimate how many drinks might be too many before going above the legal limit. The best advice is always not to drink and drive. If you feel that you may be too intoxicated to drive then the best bet is to get a ride home.
However if you are pulled over and arrested for a DUI you need to contact an attorney to review your case. The attorneys are Reeves, Aiken, and Hightower, LLP are experienced in handling DUI cases and have in depth knowledge of complex DUI laws in South Carolina. Contact one of our attorneys directly by calling 704-499-9000 or toll free 877-374-5999 for more information in our options.
Dec 4, 2013 | Criminal Defense, DUI & DWI, Uncategorized
Your Second or Subsequent DUI Offense:
If the event that you have been charged with a second or subsequent DUI, you may be forced to surrender your registration to your vehicle, including the license plates on any vehicles you may own.
If you are then convicted of the subsequent DUI, you can be required to spend anywhere from five to 30 days in jail, pendent on the driver’s BAC level at the time of arrest. In this event, the State’s legislature has now removed the possibility of substituting community service in lieu of a jail sentence for second time offenders.
If it is your second DUI, and your BAC level was .08 or higher, then there is a mandatory jail sentence of at least five days, but it could extend to a full year. The fine for these sentence will be anywhere from $2100 to over $5000.
If the offender’s BAC level is between a .1 and .15, he will face a mandatory jail sentence time of at least 30 days, but it could extend to 2 years. This fine can be over $5,500.
In the event that the BAC level is .16 or above, the offender is going to spend at minimum 90 days in prison, and up to 3 years depending on exterior factors. This fine will be anywhere from $3,500 to a whopping $6,500.
If you have just be charged with your first, second, third, and so forth, then contact the DUI Defense attorneys at Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for more information on your options and possible outcomes.
Dec 3, 2013 | Criminal Defense, DUI & DWI, Uncategorized
Temporary Suspension on your license in SC:
In the state of South Carolina, after you have received six points on your license, you will receive a warning letter from the SCDMV stating that you need to be more careful when driving, or in other words “stop being a reckless driver!” After you receive 12 points, then you may have your license temporarily suspended.
You must immediately surrender your license over the DMV, or else you will be fined heavily and possible placed in jail under contempt until you surrender your license.
The more points that you accumulate after 12, the longer your suspension time will be.
Accordingly, South Carolina dictated the following: “12 -15 points: three months suspension; “16 -17 points: four months suspension; “18 – 19 points: five months suspension, and lastly, “20 or more points: your license will be suspended for six months.”
However, things can still get worse; you may have your license suspended immediately if a certain violation is committed.
Immediate Suspension on your license in SC:
As stated above, certain driving violations will force you to surrender your license immediately over to the DMV or perhaps the arresting officer.
Most of the “immediate suspension” revocations occur when a DUI of some degree has occurred. The SCDMV has listed the following DUIs as violations requiring an automatic suspension/revocation: “1st Offense of a DUI: results in a six-month suspension; ” 2nd offense of a DUI: results in a one year suspension;” 3rd offense DUI: results on a three-year suspension.”
Moreover, of an automobile owner is driving while uninsured, he may have to immediately surrender his license and pay a fee of $550 dollars. In South Carolina, of you fail to obtain an, SR-22 insurance policy (if required), result in a suspension and reinstatement fee $400.
If you are convicted of a DUI or for having too many points on your driver’s license, then you should contact an attorney to help you with the complex system. Contact the law offices of Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for more information on your options.
