How can I get a license to drive if it was seized or forfeited during my arrest?
You must request an administrative hearing within thirty days of your arrest and apply for a temporary license. We can take care of this for you if you decide to have us represent you.
Am I legally required to take the Breathalyzer test at an officer’s request?
No! However, a refusal can result in a six month administrative suspension, but we can help restore your driving privileges. You must act quickly, however, as time constraints are in place.
Am I legally required to take the field sobriety test at an officer’s request?
No! An officer may be reluctant to advise you of this right, but you do not have to take field sobriety tests.
If I register over .08 on the Breathalyzer test, am I automatically guilty of DUI?
No! The Breathalyzer reading is simply a piece of evidence a judge or jury can consider. Our office is familiar with issues related to the Breathalyzer machine that may prohibit a reading from being received as evidence during a trial. Under the South Carolina 2009 DUI Reform Act, penalties, potential incarceration or jail time, and fines have been increased based on the breath test results.
Can I have a lawyer represent me in a DUI charge?
Yes! This is a serious charge. Your freedom and financial situation could change dramatically if you are convicted of a DUI. I strongly recommend that you retain an attorney experienced in DUI defense. On many occasions, there are legal defenses to a DUI charge that only an experienced DUI defense attorney can spot on your behalf. The attorney who may handle a divorce or house closing is most likely not your best option.
Is it illegal to drink alcoholic beverages and drive in South Carolina?
No! In South Carolina, it is legal to consume alcoholic beverages and then drive a vehicle. To be convicted of DUI, a judge or jury must be unanimously convinced beyond every reasonable doubt that your ability to drive was both materially and appreciably impaired by excessive alcohol consumption. Mere proof of a person’s consumption of alcoholic beverages is not enough for a DUI conviction.
Fact or Fiction: Can the Police Can Make Me Provide a Blood Sample?
In some circumstances, the police can require a person charged with a DUI to provide a blood sample, but not always. Learn more about the topic here.
If You’re Not Driving Badly, Are You Safe From a DUI Arrest?
“Bad driving” is often what causes a police officer to pull over an impaired driver. Learn more about whether driving badly can affect your DUI charge here.
Answers to Most Common DUI Questions
Is it illegal to drink alcoholic beverages and drive in South Carolina? NO. In South Carolina, it is legal to consume alcoholic beverages and then drive a vehicle. To be convicted of DUI, a judge or jury must unanimously be convinced beyond every reasonable doubt that...
What is an Administrative Hearing in South Carolina in DUI/Drunk Driving Cases?
First, this is a confusing area of the law for many drivers who find themselves arrested or charged with DUI and also facing an "administrative suspension." If you are confused, it is probably because it is confusing. What is an "administrative suspension" and what is...
Greenville County Circuit Judge Reverses DUI Conviction
CASE NAME: Kathryn Key vs. South Carolina (Case No.: 2016-CP-23-06517; February 4, 2017) FACTS AND PROCEDURAL HISTORY: On December, 10, 2015, the Appellant (" Key") was involved in an automobile wreck at approximately 8:47 a.m. Shortly thereafter, emergency medical...
Georgia State Court Suppresses HGN Test and Breath Results from DUI Trial
CASE NAME: Georgia vs. Council (Case No. 16-T-18312; December 14, 2016) PROCEDURAL HISTORY: On November 2, 2016, the above-styled case came before this court for a specially set trial, with pending motions filed by the Defendant to be heard immediately prior to...
South Carolina Circuit Court Judge Suppresses Blood Test Results in Deadly Felony DUI Case
Case Name: South Carolina vs. Shannon (Orangeburg County, SC; Court of General Sessions; Case Number 2014A3810700545; Filed August 9, 2016) FACTS: On February 16, 2014, Shannon and Eartha Lee Kennerly ("Kennerly") were traveling south on Bozard Road in Orangeburg...
Attorney Steve Sumner Selected to “Best Law Firms In America”
FOR IMMEDIATE RELEASE December 7, 2016 GREENVILLE, SC – Attorney Steve W. Sumner has been named a Best Law Firm 2017 by U.S. News & World Report. Sumner is a DUI and criminal defense attorney serving Upstate South Carolina. The U.S. News – Best Lawyers "Best Law...
Spartanburg Circuit Judge Agrees with Dismissal of DUI Charge
CASE NAME: South Carolina v Taylor; Docket Number 2016-CP-42-2066; October 20, 2016 FACTS: On June 11, 2015, at approximately 4:35 a.m., Lance Corporal R.B. Thornton of the South Carolina Highway Patrol responded to a call regarding a vehicle in a ditch on Nahant...
South Carolina Court of Appeals Issues Latest DUI Decision
CASE NAME: State vs. Walters (SC Ct. App. No. 5443; September 28, 2016) FACTS/PROCEDURAL BACKGROUND: On July 13, 2014, Walters was arrested for DUI in York County. On that date, Trooper Mike McAdams, the arresting officer, administered a horizontal gaze nystagmus...
A Bad Opinion from the Minnesota Supreme Court for those under Arrest for DUI/Drunk Driving
The name of the case is Minnesota vs. Fawcett, and it was issued on August 24, 2016, from the Minnesota Supreme Court. The basic facts, arguments and holding appear below: Fawcett drove her car through a red light, causing a collision with another car. A police...
“Can the Police Get My Medical Records?”
This topic or question often comes up when we represent clients accused of DUI/Drunk Driving that have been involved in an accident and have been taken to a hospital and are charged with DUI in the process. Most of the time our clients have refused to provide a blood...
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