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.
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...
“Emma’s Law” (S.137) Clears First Hurdle and is Unanimously Voted Out of the South Carolina House Of Representative Criminal Law Subcommittee
On March 20, 2014, a key subcommittee hearing related to the potential passage of South Carolina Senate Bill S.137 (a/k/a Emma's Law) was held at the South Carolina Legislature. The hearing was well attended and many voices were present urging the subcommittee to pass...
Alabama Judges to Hold off on Enforcing IID Requirement in DUI Convictions ‘Until the Kinks Can Get Worked Out’
A new ignition interlock provision in Alabama’s DUI law which was supposed to take effect on September 1, 2012, is stalled until the kinks can get worked out.
Aggravated DWI Charge for Agent of Tiger Woods
Agent Mark Steinberg, who counts Tiger Woods as one of his current clients, was charged with both drunk driving and DWI last Saturday evening.
Al Unser, Jr. Convicted of DUI Second Offense
Last week, two-time Indianapolis 500 champion Al Unser, Jr. pled guilty to DUI 2nd offense and drag racing from a September of 2011 incident near Albuquerque.
New Open Liquor Law Revelations That Everyone At The SC-DMV Somehow Missed
For 15 years, no one at the SC-DMV noticed that in ’96 the open containers & opened bottles of liquor were placed under the general Article for bootlegging.
Actress Estella Warren Pleas No Contest To DUI 2nd Offense
Planet of the Apes actress Estella Warren plead “No Contest” to DUI 2nd offense on Friday, August 19, 2011. Read more for additional details about the event.
When It Comes To Evidence For Your DUI Case: A Picture is Worth A Thousand Words
Photo evidence can either work for you or against you when it comes to the law. Here’s a look at some of the ways we use photography to help plead a case.
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Sumner & Todd,
Attorneys at Law
112 Manly Street
Greenville, SC 29601
Phone: (864) 235-3834
Fax: (864) 233-8781
Email: info@upstatedui.com