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Columbia DWI Lawyers

• 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.
• 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.
• Trunslow, Douglas: Protect Your Rights Ñ Do Not Talk to Anyone Before Seeking the Advice of an Experienced Lawyer
• 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.
• Sanders & Nettles: 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.
• 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.
• Randolph Hough:

  What the Police MAY NOT Do:

  • The police may not perform a warrantless search anywhere you have a reasonable expectation of privacy, unless one of the warrant exceptions applies.
    
    
  • 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."
    
    
  • The police may not use evidence resulting from an illegal search to find other evidence.
    
    
  • 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.
    
    
  • 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.
    
    
  • 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.
    
    
• 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.
• Matthew Bodman: Discuss your case with an experienced Criminal Defense Attorney prior to making decision that may affect your future.