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.
Oct 15, 2013 | DUI & DWI, Felony DUI, Uncategorized
Rock Hill, SC police report that a mother was charged with drunk driving after her 11-year-old daughter called them and reported that her mom was swerving and almost hit two cars on her way home from a restaurant.
She was charged with Driving Under the Influence and Child Endangerment, and reported to the police that she had several beers earlier that day, finishing the evening with two margaritas at the restaurant. She was being held in York County and was released on a $2500 bond.
A DUI charge in South Carolina can initiate a hefty fine or even imprisonment. Under S.C. Code Ann. §56-5-2930:
(A) “It is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired, under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired, or under the combined influence of alcohol and any other drug or drugs or substances which cause impairment to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired. A person who violates the provisions of this section is guilty of the offense of driving under the influence and, upon conviction; entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished as follows:
(1) for a first offense, by a fine of four hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days. However, in lieu of the forty-eight hour minimum imprisonment, the court may provide for forty-eight hours of public service employment.
(2) “For a second offense, by a fine of not less than two thousand one hundred dollars nor more than five thousand one hundred dollars, and imprisonment for not less than five days nor more than one year.
(3) for a third offense, by a fine of not less than three thousand eight hundred dollars nor more than six thousand three hundred dollars, and imprisonment for not less than sixty days nor more than three years.
However, if you add Child Endangerment to the DUI charges, the fines and potential imprisonment terms increase. Upon conviction the person must be punished by: (A) a fine of not more than one-half of the maximum fine allowed for committing the violation enumerated in subsection (A)(1), when the person is fined for that offense;
(B) a term of imprisonment of not more than one-half of the maximum term of imprisonment allowed for committing the violation enumerated in subsection (A)(1), when the person is imprisoned for the offense; or
(C) both a fine and imprisonment as prescribed in items (1) and (2) when the person is fined and imprisoned for the offense.
Therefore, when a person is driving under the influence, their charges can increase exponentially if there is a child in the vehicle. Also, the potential for a collision is much greater. This may even increase the charge to Child Endangerment to Vehicular Manslaughter if a child in the car is killed. A charge of Vehicular Manslaughter increases the charge of DUI to a Felony DUI.
If you or a loved one has been charged with DUI or another alcohol related offense, make sure to call people who can help you try to mitigate the charges. The law offices of Reeves Aiken & Hightower, LLP can help you. You can give us a call at our Baxter Village, South Carolina office at 803-548-4444, or toll-free at 877-374-5999. Getting behind the wheel of a vehicle while intoxicated can have some serious repercussions, and we want to make sure you can get your life back on the right path.
Sep 30, 2013 | Car Accidents, Criminal Defense, Felony DUI, Uncategorized
So what is the penalty for a Felony DUI in South Carolina when someone is killed during an intoxicated crash?
There is actually a difference in causing great bodily injury to someone vs. reckless homicide for a Felony DUI.
Accordingly, the South Carolina statute states that ” for causing great bodily injury, the following defendant will:
(1) Spend anywhere from 30 days to 15 years in jail under the mandatory imprisonment requirement. This jail time would be spent in either a state or federal prison, not a local prison. This means that your loved ones maybe sent anywhere in the state, and to visit them you may have to drive multiple hours as opposed to a few minutes.
(2) There will be a mandatory fine the defendant is required to pay anywhere from $5000-$10,000 dollars
(3) And lastly, the defendant’s driver’s license will be suspended during the term of imprisonment (obviously) and then three additional years after his release.
The three aforementioned requirements are for someone who has again caused “great bodily injury;” however things change for causing death during a Felony DUI.
Accordingly, in the case at hand, the defendant will be forced to abide by the following requirements:
(1) He will spend anywhere from 1 year to 25 years in mandatory imprisonment in a state or federal jail, as discussed above. No local” jail” will be permitted here.
(2) His fine is exponentially higher, ranging anywhere from $10,000-$25,000 dollars.
(3) And lastly, his driver’s license will be suspended five years after his release from prison, unlike the three years for great bodily injury.
If you have been charged with a DUI in the South Carolina, contact the law offices of Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for more information on your case.
Sep 30, 2013 | Criminal Defense, Felony DUI, General, Uncategorized
Even the famous cannot escape the law. This holds true for one of the stars of the now famous “Myrtle Manor.”
This 21-year-olds had to learn the hard way that even fame can’t protect you from violating the law when they were both charged with DUIs over the weekend.
According to the local paper, this original reason the “starts” were pulled over was for a routine traffic stop. The driver was speeding at 62 m.p.h. in a 45 m.p.h. zone. The officer saw the speeding car and pulled the duo over.
When he reached the driver’s window, the smell of alcohol was effervescing from the vehicle. At that point, the officer asked the girl to step out of the vehicle, and saw an open container sticking out from under her driver seat.
The girl’s BAC level was at a .15, which is right at the boarder of what is considered a “extremely high BAC level.” In South Carolina, an ignition interlock is only necessary if the defendant blows over a .16. In South Carolina, when you teeter on that line, the court may or may not require the ignition interlock. If she were in North Carolina, that BAC level would require her to have an ignition interlock installed in her vehicle.
In her case, she was not required to have an ignition interlock installed in her vehicle.
Anytime you are arrested for a DUI, the prudent decision is to contact an experienced attorney as soon as possible. The penalties associated with this charge can range anywhere from a license suspension, to monetary fines, ignition interlocks, or even jail time.
If you have been charged with a DUI in North or South Carolina, contact the experienced DUI attorneys at Reeves, Aiken, and Hightower, LLP for assistance with your case toll free at 877-374-5999 or locally at 843-901-0380.
