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Columbia DWI Lawyers

1. Harris Gasser: state and federal criminal defense
2. Baker, Ravenel & Bender: Being accused of or charged with a crime is a serious matter.
3. Harpootlian, Richard: Violent crimes include: Drug crimes include: * Simple Assault * Aggravated Assault * Manslaughter * Homicide * Sexual Abuse; * Sexual Assault & Rape * Domestic Violence * Armed Robbery * Carjacking * Kidnapping # Smuggling # Trafficking # Importation # Manufacture # Delivery # Conspiracy # Possession # Distribution Trials involving Òwhite collarÓ crimes of deception and fraud can be extremely long and complicated. These types of non-violent, but complicated crimes include: # Bribery # Wire Fraud # Tax Fraud # Accounting Fraud # Money Laundering # Bank fraud # Securities Fraud # Health care fraud # Conspiracy * Embezzlement * Extortion * Internet Crimes * Internet Solicitation * Mail Fraud * Racketeering * RICO Crimes * Price Fixing * Insurance Fraud
4. Griffin, James: A criminal defense charge, whether federal felony charges or state misdemeanors, often results in permanent damage to a business executiveÕs or professionalÕs future if it leads to a conviction. White-collar crimes, such as financial and tax crimes, mail or wire fraud, conspiracy, healthcare violations, environmental violations, insurance fraud, or embezzlement make it imperative to call a experienced criminal defense lawyer as soon as possible, before making any statement or admission to the police or prosecutors.
5. Saunders, Harrison: * Armed robbery * Assault * Assault and Battery with an intent to kill * Murder * Drug crimes, including possession and trafficking * Juvenile offenses * Computer crimes * Sex crimes * Traffic violations and drunk driving (DUI) * Underage drinking and other alcohol offenses * Probation violation
6. Shea, David: # Assault # Battery # Burglaries # Criminal Domestic Violence # Criminal Sexual Conduct # Drug Offenses (possession, sale, manufacturing, trafficking) # Manslaughter and Murder # Rape # Robbery # Shoplifting
7. Murray, Lori: * Crimes against the peace such as disorderly conduct; gun and weapons charges; and drug charges including possession, distribution and trafficking. * Crimes against property such as shoplifting, theft, burglary, robbery, armed robbery and arson. * Crimes against people including domestic violence, assault, battery, sexual assault and other sex crimes. * Motor vehicle violations including driving without insurance, driving under a suspended license, failure to stop for blue light, and hit and run. * White collar crimes such as fraud, forgery and embezzlement.
8. Hart Law Firm: * Drug possession and drug trafficking * Violent crimes including murder and manslaughter * Sexual assault * Rape * Burglary * DUI/DWI * Robbery * Theft crimes * Arson * Gun possession/possession of a firearm * Assault and battery
9. Leventis & Ransom: Since 2007, there has been a great deal of media publicity about high rates of drinking and driving in South Carolina. The General Assembly has responded to the public's concerns by enacting very strict laws against drinking and driving, including loss of driving privileges, large fines, and mandatory jail time. Drunk driving charges must be taken seriously. If you are convicted of a first offense DUI in South Carolina, you are required to surrender your driver's license for up to one year and to obtain SR-22 motor vehicle insurance for three years, costing thousands of dollars per year more than standard auto insurance. You are also required to complete an alcohol awareness program and pay a $100 fee in order to have your driver's license reinstated after the suspension. Anyone facing a DUI charge in South Carolina faces as much as $10,000.00 in fines and increased insurance costs if convicted.
10. Harvey, Jonathan: DUI Charges Are Unique Most criminal charges only begin one legal process: the criminal defense process. Drunk driving charges can affect your life in three ways, instead of just one: * Criminal component: Like any other criminal accusation, DUI charges need to be fought in the criminal process. We will zealously protect your rights in negotiation and in the criminal courtroom. * Administrative aspect: DUI charges set a DMV process in motion. We will help you protect your driver's license so that you can continue to drive to work, support your family and live your life. * Insurance matters: DUI is one of the few criminal charges that can cause your car insurance rates to skyrocket. If you are convicted, you will need to have expensive high-risk SR-22 insurance. We understand the impact a drunk driving conviction will have on your life. And we are prepared to protect you in every aspect. Fighting Drunk Driving Charges Even the first DUI conviction can have serious consequences, so it is important to make a knowing assessment of the DUI charge. Our experienced attorney will look at your case and aggressively defend you. Common issues may include: * Was your arrest propert? Did the officer have probable cause to stop you? * Was the breath test properlyadministered? * Are there other legal or evidentiary issues in the case that need to be fully explored?
11. Postic, Alex: * Driving under the influence of drugs or alcohol (DWI or DUI) * Driving under suspension * Sex offenses * Drug trafficking, possession or distribution * White collar crimes * Probation or parole violations * Juvenile crimes * School disciplinary actions * Bond and bail hearings
12. Swerling, Jack: If you have been arrested or accused of a crime in South Carolina, it is critically important to find a criminal defense lawyer who is experienced and will aggressively defend your rights and ensure that you are treated fairly.
13. Masella Law Firm: Answers to your questions on legal limits, chemical tests and hiring a lawyer in the event you're charged with driving under the influence. How drunk or high does someone have to be before he can be convicted of driving under the influence? In most states, it's illegal to drive a car while "impaired" by the effects of alcohol or drugs (including prescription drugs). This means that there must be enough alcohol or drugs in the driver's body to prevent him from thinking clearly or driving safely. Many people reach this level well before they'd be considered "drunk" or "stoned." States vary as to the blood alcohol content (BAC) level that constitutes a DUI (driving under the influence). How can the police find out whether a driver is under the influence? Police typically use three methods of determining whether a driver has had too much to be driving: Observation. A police officer will pull you over if he notices that you are driving erratically -- swerving, speeding, failing to stop or even driving too slowly. Of course, you may have a good explanation for your driving (tiredness, for example), but an officer is unlikely to buy your story if he smells alcohol on your breath or notices slurred words or unsteady movements. Sobriety tests. If an officer suspects that you are under the influence, he will probably ask you to get out of the car and perform a series of balance and speech tests, such as standing on one leg, walking a straight line heel-to-toe or reciting a line of letters or numbers. The officer will look closely at your eyes, checking for pupil enlargement or constriction, which can be evidence of intoxication. If you fail these tests, the officer may arrest you or ask you to take a chemical test. Blood-alcohol level. The amount of alcohol in your body is understood by measuring the amount of alcohol in your blood. This measurement can be taken directly, by drawing a sample of your blood, or it can be calculated by applying a mathematical formula to the amount of alcohol in your breath or urine. Some states give you a choice of whether to take a breath, blood, or urine test -- others do not. If you test at or above the level of intoxication for your state (.08 to .10 % blood-alcohol concentration, depending on the state), you are presumed to be driving under the influence unless you can convince a judge or jury that your judgment was not impaired and you were not driving dangerously. Defense attorneys often question the validity of the conversion formula when driver's alcohol levels are based on breath or urine tests. Do I have to take a blood, breath, or urine test if asked to do so by the police? You may refuse to take a chemical test (blood, breath, or urine), but almost every state has a so-called "implied consent" law, and, under such laws, a refusal can result in suspension of your driver's license from anywhere between three to 12 months. (This is true even if you're eventually found not guilty of the current drunk driving charge.) Further, if your drunk driving case goes to trial, the prosecutor can tell the jury that you wouldn't take the test, which may lead the jury members to conclude that you refused because you were, in fact, drunk or stoned. If I'm stopping for driving under the influence, am I entitled to talk to an attorney before I decide which chemical test to take? We all know from television that the Miranda warnings are meant to inform you that you have the right to speak with an attorney. The Police in South Carolina, are required by statute to read to you your Miranda warnings, prior to giving you any roadside sobriety tests or datamaster test. Prior to the passage of the statute requiring the Police to read you your Miranda warnings the law was that you did not have the right to speak with an attorney before taking either of these tests. What do you do if the officer does not allow you to speak with us as you are permitted to do under our law? Do not talk to the officer. Do not take any field sobriety tests. Do not take any breath tests. Do not talk. We will do the talking for you in court. If I'm stopped for driving under the influence, can a police officer ask me questions, give me a field sobriety test or breath test without reading me my rights? Sometimes. The answer depends on whether or not you are in police custody -- that is, whether you are subject to the restraints common to a formal arrest. For example, the U.S. Supreme Court has ruled that the police do not have to provide Miranda warnings during roadside questioning of a motorist detained pursuant to a traffic stop. Thus, roadside questioning about your drinking, drug-taking, or performance on field sobriety tests does not constitute "custodial interrogation." However, in South Carolina the Legislature has specifically dictated that the officer, prior to giving you and field sobriety tests or breath tests must read you your Miranda warnings and insure you know your rights. In addition, once you are arrested -- or restrained by the police in a manner consistent with arrest -- you must be read your Miranda rights before they can ask you any questions regarding the crime you have been charged. I've been charged with drunk driving. Should I get a lawyer? Defending against a charge of drunk driving is a tricky business. Defenders need to understand scientific and medical concepts, and must be able to question tough witnesses, including scientists and police officers. If you want to fight your drunk driving charge, you're well advised to hire an attorney who specializes in these types of cases. On the other hand, these days it's hard to "win" a drunk driving case, assuming the police gathered some physical evidence against you (results of a breathalyzer, blood test, or urine test). And the punishments for DUI are pretty standard. If you were truly guilty, it's unlikely that a lawyer could get you any better of a deal or plea bargain than you can get for yourself. I was pulled over at a roadblock and asked to wait and answer a police officer's questions. Is this legal? Yes, as long as the police use a neutral policy when stopping cars (such as stopping all cars or stopping every third car) and they minimize any inconvenience to you and the other drivers. The police can't single out your car at a roadblock unless they have good reason to believe that you've broken the law. However, under South Carolina law, you cannot be charged with driving with having an unlawful breath alcohol content (DUAC) if you are stopped at a roadblock.
14. Koon & Cook: Driving Under the Influence (DUI) is one of the most charged offenses in South Carolina. It does not matter if you are young or old, male or female, people from all walks of life have been charged with DUI. Since DUI affects so many people, and has such groups as MADD and SADD specifically organized to lobby for tougher laws against drunk driving, the South Carolina legislature is constantly changing the DUI laws. Therefore, it is important to consult an experienced DUI attorney when charged with DUI. Most people in South Carolina do not realize that it is legal to drink alcohol and drive in South Carolina. It only becomes illegal when a person has consumed too much alcohol to operate a vehicle safely. It is a juryÕs job to determine whether that person can operate a vehicle safely. There is no rigid formula for a jury to use to determine a personÕs guilt. However, there are inferences a jury is allowed to use. One inference is that a person who has a blood alcohol level of .08 or higher is under the influence of alcohol and cannot operate a vehicle safely. That inference is rebuttable, however, and a jury can consider other evidence in deciding whether a person is guilty of DUI. Oftentimes in a DUI case the arresting officer will ask or tell the person that he or she needs to perform certain field sobriety tests. These tests often include the Horizontal Gaze Nystagmus eye test, one leg stand, and the heel to toe walking test. It is important to note that an officer cannot make any one perform a field sobriety test. A person has an absolute right to refuse field sobriety tests. However, if a person can do well on the field sobriety test, it can be powerful video evidence for the jury. It is unlikely that no matter how well a person does on the FSTÕs that the officer is going to let he or she drive home and not arrest that person. Normally a person is taken to the county jail and asked to give a breath sample to measure their alcohol level. While in the breath test room, the person is on videotape the entire time. At this critical juncture, the officer is going to ask that the arrestee give a breath sample. Most often the officer is not going to let the person call and talk to an attorney before deciding whether to give a breath sample. There is no exact way to know how high a blood/alcohol reading will be for the arrestee. The Datamaster machine has to convert the breath sample into a blood/alcohol reading using a number of set conversion ratios and temperatures. Thus, no one can say for sure what blood/alcohol reading you would get by drinking 4 beers. Consequently, the best choice may very well be to refuse the breath test. A person has an absolute right to refuse the breath test. There are always numerous facts and legal issues to examine in a DUI case. Every person charged with DUI should consult an experienced DUI attorney.
15. Tarr, David: Why fight a DUI/DWI or traffic ticket? Besides avoiding the very real possibility of jail time or fines, your car insurance rates will almost certainly go through the roof if you are convicted of drunk driving or one of several traffic violations. Is it possible to fight a DUI/DWI arrest or traffic ticket? Absolutely. DUI and traffic violation defense lawyers are a dime a dozen, and you have a wide range of choices when selecting an attorney to defend your rights.
16. Trunslow, Douglas: Protect Your Rights Ñ Do Not Talk to Anyone Before Seeking the Advice of an Experienced Lawyer
17. David Farrell: You have been charged with a traffic offense and you need an attorney to represent you in court. You are concerned about the impact that a traffic conviction will have on your personal freedom, your mobility, and your rights.
18. Sanders & Nettles: If you have been arrested for driving under the influence in Charleston South Carolina you should hire an experienced legal representation to ensure that your rights are being aggressively defended. In fact, there are many areas in which accomplished drunk driving defense lawyers can assist you during this ordeal; by possibly proving that the results of the chemical test that you submitted were inaccurate and that the officer's recollections of the arrest were erroneous. Following a DUI arrest you are facing serious repercussions and have a lot at stake. A skilled South Carolina drunk driving defense attorney may be able to: * Prevent your driving privilege from being revoked * Lessen your monetary fines * Reduce your charges * Keep you out of jail * Keep you from performing public service Depending upon the particulars of your case, your DUI defense lawyer may be able to use well planned strategies to challenge the evidence that is being used against you by doing the following: * Hire an analyst to review your blood alcohol content and determine if it was rising. If so, the results of a chemical test may be inaccurate. * Find errors made by the officer, by reviewing the evidence. * File a pretrial motion to suppress evidence in the case. * Have your blood sample retested by a private laboratory. * Get and review the maintenance of the breathalyzer that was used for your chemical test. * Visit the arrest scene and take photographs, to show that there were inconsistencies with the road or ground which affected your ability to successfully perform the field sobriety test. Unlike other states, South Carolina police officers are required to videotape the arrest and breath test of a suspected drunk driver. All videos of DUI arrests and breath test should include the suspect being given his or her Miranda warning during the arrest and again before the breath test, as well as videotape of the breath test being performed. In South Carolina it is the responsibility of the prosecutor to prove that an individual was under the influence of alcohol while driving, which resulted in mental and physical impairments, affecting his or her ability to operate the vehicle safely. There are varying levels of punishments for DUI convictions in South Carolina. The punishment for a first offense DUI conviction may include a $400 fine and a jail term of up to 30 days. A second DUI conviction may be punishable with a fine of up to $5,000 and up to 1 year in jail. A third DUI conviction may result in the defendant paying a 6,300 fine and spending up to 3 years in jail. Four or more drunk driving convictions may require the defendant to spend 5 years in jail. If you have been arrested for driving under the influence in South Carolina you should hire an experienced legal representation to ensure that your rights are being aggressively defended. In fact, there are many areas in which accomplished drunk driving defense lawyers can assist you during this ordeal; by possibly proving that the results of the chemical test that you submitted were inaccurate and that the officer's recollections of the arrest were erroneous. Following a DUI arrest you are facing serious repercussions and have a lot at stake. A skilled drunk driving defense attorney may be able to: ¥ Prevent your driving privilege from being revoked ¥ Lessen your monetary fines ¥ Reduce your charges ¥ Keep you out of jail ¥ Keep you from performing public service Depending upon the particulars of your case, your DUI defense lawyer may be able to use well planned strategies to challenge the evidence that is being used against you by doing the following: ¥ Hire an analyst to review your blood alcohol content and determine if it was rising. If so, the results of a chemical test may be inaccurate. ¥ Find errors made by the officer, by reviewing the evidence. ¥ File a pretrial motion to suppress evidence in the case. ¥ Have your blood sample retested by a private laboratory. ¥ Get and review the maintenance of the breathalyzer that was used for your chemical test. ¥ Visit the arrest scene and take photographs, to show that there were inconsistencies with the road or ground which affected your ability to successfully perform the field sobriety test. Unlike other states, South Carolina police officers are required to videotape the arrest and breath test of a suspected drunk driver. All videos of DUI arrests and breath test should include the suspect being given his or her Miranda warning during the arrest and again before the breath test, as well as videotape of the breath test being performed. In South Carolina it is the responsibility of the prosecutor to prove that an individual was under the influence of alcohol while driving, which resulted in mental and physical impairments, affecting his or her ability to operate the vehicle safely. There are varying levels of punishments for DUI convictions in South Carolina. The punishment for a first offense DUI conviction may include a $400 fine and a jail term of up to 30 days. A second DUI conviction may be punishable with a fine of up to $5,000 and up to 1 year in jail. A third DUI conviction may result in the defendant paying a 6,300 fine and spending up to 3 years in jail. Four or more drunk driving convictions may require the defendant to spend 5 years in jail.
19. Michael McMullen: Driving Offenses are all settled in criminal court, even simple speeding tickets. Other more serious offenses include Driving Under the Influence (DUI), Driving While Intoxicated (DWI), Driving with Unlawful Alcohol Concentration (DUAC), and Driving Under Suspension (DUS). The most Common driving offense other than traffic tickets is a DUI. Although it is a misdemeanor for the first three offenses , DUI is a very serious offense with serious consequences, both monetary and non-monetary. However, the prosecutor has to prove a considerable amount of evidence before he can convict the suspect.
20. Randolph Hough:

    What the Police MAY NOT Do:

    1. The police may not perform a warrantless search anywhere you have a reasonable expectation of privacy, unless one of the warrant exceptions applies.
       
       
    2. If evidence was obtained through an unreasonable or illegal search, the police may not use it against you in a trial. This is called the "exclusionary rule."
       
       
    3. The police may not use evidence resulting from an illegal search to find other evidence.
       
       
    4. The police may not submit an affidavit in support of obtaining a search warrant if they did not have a reasonable belief in the truth of the statements in the affidavit.
       
       
    5. Unless there is a reasonable suspicion that it contains evidence, illegal items, or stolen goods, the police may not search your vehicle. If your car has been confiscated by the police, however, they may search it.
       
       
    6. Unless they have a reasonable suspicion that you are involved in a criminal activity, the police may not "stop and frisk" you. If they have a reasonable suspicion, they may pat down your outer clothing if they are concerned that you might be concealing a weapon.
       
       
21. Strom Law Firm: If you are convicted of a traffic violation, especially driving under the influence, the consequences could be severe. While the court could impose hefty fines or even jail time, the highway department may revoke your driving privileges, resulting in increased insurance premiums. You met a couple of friends for dinner and only had a couple of drinks. You feel fine to drive, and you hop in your car ready to head home. You toss an empty beer can on the floor and replace it with a cup of coffee. You head out on I-26, hit I-20, and finally get to I-77. You are almost home when blue lights start flashing behind you. You pull over and decide that it would be better not to blow, refusing the breathalyzer test. You agree to a field sobriety test. What can you expect? Field sobriety tests, or FST, commonly consist of the following: á Nystagmus test: the officer passes a pen or similar object in front of your face and you are asked to follow it with your eyes. Supposedly, if your eyes jerk or tremble (nystagmus) when the pen is passed from side to side, it indicates intoxication. However, the officer will have to admit that nystagmus can, and does, occur naturally in many people, and that stress and bright lights (which are present at every traffic stop) can bring an onset of nystagmus. á Walk the line/walk and turn test: The police officer will ask you to keep your hands at your side, walk heel-to-toe 12 steps (counting each aloud), turn and walk back. They will be looking for "clues," such as you are unbalanced during instructions, you stopped while walking, your heel and toe didn't touch, you used your arms for balance, you made an improper turn (often a "pirouette," like a ballet dancer) and you made an incorrect number of steps. This test asks you to make a very unnatural movement that few sober people can do. There are many challenges to this test: the slope of the road, presence of gravel, heavy clothing in the winter, high heels, passing traffic dangers, distracting squad lights as well as officer spotlights. á ABC or number testing: you are asked to recite the alphabet or a series of numbers whether forward or backward. This is not a recognized test, and can be challenged on that ground alone. This test should not be the part of any probable cause analysis. The police will ask you to state the alphabet without singing it. It sounds simple but invariably people miss a letter, get rattled, begin again, etc. á Standing on one leg: Only pelicans are physically qualified to do this test. The rest of the bipedal creatures have a great deal of difficulty, unless they are gymnasts or police officers who practice it every night by the roadside while arresting fellow citizens. They will ask you to put your feet together and then raise one foot and count up to 30 using "one thousand one," etc. They will record any swaying, using arms for balance, hopping and putting your foot down. The same test conditions that are troubling for the walk-and-turn, apply here. á Finger to nose test: while standing still with your eyes closed, you are asked to move your index finger to your nose. á Rhomberg balance test: you are asked to stand still close your eyes, tilt your head up and approximate 30 seconds. The officer is looking for your sense of time, along with whether you can stand still or sway from side to side. Even though you felt completely sober, you failed your field sobriety test and are taken to the Richland County Detention center and arrested for open container and drunk driving. Drinking and driving is a serious crime that can lead to serious consequences. Located in Columbia, South Carolina, the criminal defense attorneys at Strom Law Firm, LLC handle DUI arrest charges. Whether it is your first offense or you have a prior record of driving under the influence or driving while intoxicated, our extensive knowledge of the law and access to resources can help you avoid fines, the loss of your license, jail time and other potential DUI punishments. If you have been arrested on suspicion of DUI or DUAC, you need the best criminal defense attorney available to ensure that you do not unknowingly waive any important rights. It is a simple law, with a surprisingly large gray area of actual DUI culpability. The primary determining factors of DUI are whether the defendant was driving, whether what he was driving was a motorized vehicle, whether he/she was on the road, and most importantly whether he/she was intoxicated. While some are more easily determined than others, the most vital question appears to be whether the defendant was actually intoxicated. This issue is at the core of the argument and presents the biggest challenge in dealing with the DUI statute. Recently, new DUI statutes have been enacted to avoid this complicated intoxication issue. These statutes augment the law by not requiring a demonstration that the defendant was under the influence. Instead, the proof rests on a mere reading of a machine to determine the culpability of a suspected DUI driver. These statutes, often referred to as per se, define DUI as driving a motor vehicle on a road or highway with a blood alcohol level of approximately .08. The actual legal blood alcohol level varies from state to state. But the stakes are now higher. As of February 10, 2009, DUI convictions will generate stiffer fines and more jail time. The State must prove the following elements: 1. That you operated a motor vehicle 2. On a public highway 3. And you were under the influence of an intoxicant at the time of driving such that it impaired your judgment and ability to drive with a steady hand. A few points to keep in mind: * The State must show that you were impaired at the time of driving, quite often the test is taken a few hours later and, if you had consumed alcohol just before driving, the test would be higher than your actual level when driving. But this can also work against you - you may have had a higher alcohol level in your blood when you actually drove. * There are many challenges to DUI charges - don't ever feel it is hopeless. Often, if the Solicitor or Prosecuting Attorney can be shown some weakness in his case, he will amend the charge to a non-DUI offense. This happens more often than people realize and is the real battleground for the defense. * Having a BAC above the legal limit can be a separate charge, and it is considered strong evidence of intoxication. You should know, however, that you may be cited for DUI even if you are not tested at all. This would be rare, but possible. It is important because even if you successfully challenge the test, the State may still allege that you were under the influence, and the jury would have to decide whether or not you were intoxicated. The opposite could also be true: you may be driving just fine and not feel impaired at all (the State could even agree that is true) and you could still be cited for operating above the legal limit (now .08). South Carolina DUI laws state that it is unlawful to operate a motor vehicle under the influence of alcohol, drugs (legal or illegal) or any combination of alcohol and drugs. However, prosecutors must prove someone's physical or mental ability to drive a car was impaired beyond a reasonable doubt. If you are over the age of 21, and are convicted of a DUI, the consequences vary depending on whether it is a first, second or subsequent drunk driving offense.
22. Matthew Bodman: Discuss your case with an experienced Criminal Defense Attorney prior to making decision that may affect your future.