Brought to you by Colorado DUI Drunk Driving Defense

• Anderson
• Bennettsville
  • Douglas Jennings: Traffic offenses can represent an inconvenience that results in rising insurance premiums and some out of pocket expense. However, most people do not realize that most serious traffic violations are actually criminal offenses. In some cases, what a driver thought was just a traffic ticket can turn out to have lasting effects on his or her finances, mobility, job prospects, and freedom. If you are stopped for committing a traffic offense, such as speeding, following too closely, driving without a license, driving with a suspended license, careless driving, reckless driving, driving without insurance, or any other offense, the services of an experienced traffic violations attorney can be of great assistance in challenging the stop, challenging the underlying cause of the infraction, and cross examining police officers, among other things. We will work to protect your pocketbook and your driving record.
• Beaufort
  • Eric Erickson: Driving While Impaired or Intoxicated Law and Legal Definition All states have laws against driving intoxicated, which vary by state. Legal intoxication is defined as a certain level of blood alcohol content (BAC), usually measurable at .10 or .08 percent. States that use the lower .08 BAC to define intoxication are eligible for more federal assistance, and therefore, there is a trend toward lowering the BAC limit. State laws impose penalites on drunk drivers, which range from paying fines to incarceration and loss of vehicle and driving privileges. In general, repeat offenders or offenders with a high BAC level are subject to more severe penalties. Some states have alternative sentencing programs, allowing offenders to obtain treatment and/or operate a vehicle with an ignition locking system. Laws against drunk driving usually apply with equal force to driving under the influence of any intoxicating substance. Many states have enacted laws which provide for enhanced penalties for those previously convicted of DUI/DWI. Such laws provide for increased fines, length of incarceration, and other restrictions for subsequent offenders. Laws very by state, so local laws should be consulted for specific requirements in your area. Relevant legal forms include: Judgment and Sentence for Driving Under the Influence - Physical Control - DUI's CrRLJ 03.0400 - Rights, Conditions and Warnings - DUI - for use with form CrRLJ07.0100 CrRLJ 07.0300 - Findings of Fact and Conclusions of Law, Driving or Physical Control While Under the Influence of Intoxicants - DUIFFCL CrRLJ 4.2g Attachment A - Department Of Licensing - 1999 DUI Administrative Sanctions and Reinstatement Provisions Waiver of Counsel for Defendant Charged With DUI.
• Blufton
  Vaux & Marscher The current public opinion on drunk driving and other serious traffic related matters, has caused the South Carolina Legislators to make aggressive changes in driving laws. If you are ticketed and/or arrested in South Carolina for D.U.I. or D.U.S., you should contact a Criminal Defense Attorney immediately to protect your rights.
• Charleston
  • Clekis Law Firm: ¥ Was there probable cause for the police to stop you? ¥ Was the field sobriety test properly administered? ¥ Was a breath test given? ¥ Was the breathalyzer instrument properly calibrated and serviced? ¥ Did you make any incriminating statements? ¥ Did the police violate the Constitution in obtaining your statement? ¥ Were there any search and seizure issues?
  • Guy Vitetta: Some people feel that they can get a better deal by cutting out the lawyer and negotiating directly with the prosecutor. There are two problems with this approach. The first is that the defendant will have no bargaining power. If negotiations fall through, the defendant is unable to effectively use the jury trial process to either get the prosecutor to give a better deal or attempt to obtain an outright acquittal from a jury of his or her piers. The second problem is that the job performance of a prosecutor is largely determined by the percentage of convictions they obtain in relation to all outstanding indictments. Prosecutors are generally reluctant to dismiss indictments without very good reason based on the law presented by an experienced defense attorney.
  • Uricchio, Howe, Krell, Jacobson, Toporek, Theos & Keith: If you have been arrested or accused of a crime or traffic offense, you need a strong advocate on your side...
  • Shahid Law Office: Have you been charged with drunk driving? You probably already know how serious this can be. A DUI conviction can result in stiff fines and possible jail time. Your auto insurance rates can go up, and you could lose your driver's license. Your best defense is to get a lawyer experienced in handling these cases, as soon as possible.
• Columbia
• Conway
  • Hearn Brittan & Martin: In South Carolina's Grand Strand communities of Conway, Myrtle Beach, North Myrtle Beach, Surfside Beach, and Garden City Beach, people often turn to the criminal defense lawyers at Hearn, Brittain & Martin when they are faced with criminal investigations or criminal charges. Clients facing criminal charges have cause for serious concern, and deserve experienced, persuasive representation to assure that their rights are protected, that their version of circumstances is given a fair hearing, and that they have a vigorous defense. If you have been arrested for a crime or if you are being investigated, make sure your rights are protected throughout the criminal justice process.
  • Michael Wells: Blood alcohol concentration (BAC) describes the amount of alcohol in a persons blood expressed as weight of alcohol per unit of volume of blood. For example, at 0.10 percent BAC, there is 100 mg of alcohol per 100 ml of blood. For most legal purposes, however, a blood sample is not necessary to determine a persons BAC. It can be measured much more simply by analyzing exhaled breath.
  • Irby Walker: Defenses to Crimes: Lack of Capacity In some situations, even if you commit a crime, you may be relieved of culpability if you lacked the capacity to commit the crime. Although lack of capacity is a defense which is rarely used, some high profile cases have been decided on this exact issue. Who Lacks Capacity? Although jurisdictions will vary, the most common categories of people who potentially lack capacity to commit a crime are: Under 14 Years Old - It is presumed that, absent evidence to the contrary, a child under the age of 14 does not understand the wrongfulness of a crime, though knowledge of wrongfulness can be proven by examining the circumstances surrounding the crime. Idiots - These are people of unsound mind who are thought to be incapable of harboring a general criminal intent and, therefore, lack capacity to commit criminal acts. Ignorant - People who operated under ignorance or mistake of fact that negates criminal intent. Unconscious - People who suffer from seizures, sleepwalking, a blow to the head, or similar ailments are incapable of committing crimes, because even though they are physically committing the crime, they are not conscious or aware of it and cannot prevent it.
• Darlington
  • John Ervin: The Immigration and Nationality Act (INA) permits deportation of an alien convicted of an "aggravated felony," which can include "a crime of violence for which the term of imprisonment [is] at least one year." In line with this provision, aliens convicted of driving under the influence of alcohol (DUI) in states which characterize a DUI conviction as a crime of violence have been subjected to automatic deportation, even if they have been legally residing in the U.S. for years. However, the U.S. Supreme Court recently barred deportation of an alien convicted of DUI pursuant to the aforementioned INA provision. In November 2004, the Court held in Leocal v. Ashcroft that state DUI offenses that do not require proof of any mental state, or require only a showing that an individual acted negligently in operating the vehicle, are not crimes of violence for purposes of expedited alien deportation.
• Florence
  • McLain & Lee: A number of questions arise for anyone who has been charged with a DUI. You may be concerned about increasing insurance premiums or special insurance with higher costs, whether you are going to lose your job, the impact the charge will have on your family, or whether you can avoid having the charge on your record.
  • McBrantley Law Firm: DUI (DWI, Drunk Driving): Whether you are a local resident or live in another state, your freedom is at risk as well as license suspension and license revocation. Make sure you have an experienced DUI lawyer on your side.
  • D. Craig Brown: Trial on criminal charges is not the situation to attempt to defend yourself pro se. An experienced criminal defense lawyer has the knowledge, skill, and training to aggressively defend your Constitutional rights when your freedom is at stake.
  • Young, Miller & Braddock: DUI / DWI: What You Need to Know A DUI / DWI is a very serious matter ’€“ you could lose your license, pay a heavy fine, even end up in jail. If you’€™ve been charged with DUI, you have only a short period of time to challenge that charge before your license is automatically suspended. ... explore alternatives to jail time and fines, working with ... the court to reduce charges and have convictions removed from driving records. It’€™s especially important to try and keep your driving record free of any DUI charges given the impact they have on insurance coverage and rates.
• Georgetown
  • Jack Scoville: A DUI offense is treated very seriously by the courts of South Carolina. Not only can a DUI conviction involve jail time, but can result in a loss of driving privileges, which can affect your ability to make a living.
  • Lumpkin & Oxner:

    Q: If I get stopped by a police officer for driving under the influence, should I submit to a breathalyzer?

    A: No, but you will lose your license for 90 days unless you request an Administrative Hearing and prevail.

    Q: If I get stopped by a police officer for driving under the influence, should I submit to a field sobriety test?

    A: No.

• Greenwood
  • Nicholson & Anderson: Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on DUI / DWI charges may result in fines, the revocation or suspension of your driver's license, and possible jail time. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced criminal defense attorney can make all the difference in such a difficult case.
  • Welch Law Firm: The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .10 percent. Therefore, if it is proved that the person's BAC at the time of the incident was .10 percent or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed. As a practical matter, one drink would almost certainly not lead to a BAC of .10 percent or greater; generally, a person needs to have five drinks in an hour to develop a BAC of .10 percent. However, if there was something unique about the person or the drink, or other circumstance, one drink could raise the BAC above the legal limit. In contrast, the second definition does not refer to any particular BAC. It focuses on the driving behavior of the person; if it is impaired by the person's consumption of alcohol, he or she can be found guilty of drunk driving. Instead of presenting evidence of the BAC to a jury, the prosecution seeking a conviction under this definition generally presents testimony about the person's driving and consumption of alcohol. A police officer will often describe the impaired driving that lead him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol and if the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of drunk driving.
• Greenville
• Hilton Head
  • Donald Colongeli: A defendant has a right to appeal his or her final judgment of conviction and sentence by a trial court to a state's appellate court. In order to be considered a defendant for purposes of an appeal, the defendant must have been charged with a crime or the defendant must have committed a criminal offense.
  • Samuel Bauer: There is no more important decision than who will represent you when you have been charged with a crime or a traffic offense.
• Lexington
  • Sheriff Law Firm: If you have been charged with DUI or DUAC - driving under alcohol consumption - in South Carolina, you face stiff penalties that could include jail time and loss of your driverÕs license. South Carolina police and prosecutors take drunk driving charges seriously, and a conviction can cost you a mark on your driving and criminal record for many years.
  • Breibart, Richard: Why Hiring a DUI Defense Lawyer is ESSENTIAL In DUI cases, there is often more involved than simply pleading guilty and paying a fine - especially if you want to avoid points against your license, paying higher insurance premiums, and maintaining a clean record. Additionally, some life and health insurance companies will increase your premiums and a conviction will usually appear in a data base.
  • James Snell: Criminal Defense services are available for those charged with any criminal act in South Carolina Courts. Additionally services are available for those who believe that they are, or may be, subject to investigation by law enforcement or a non-governmental body, for possible criminal violations. If you have been charged with a crime in South Carolina there are several important things you should know. First, anything you say can and may be used against you. Frequently answering or responding to simple questions won't exonerate your, it may only strengthen the case against you. You should consult with an attorney prior to cooperating with any investigation or answering any questions. Generally within several hours of an individual's arrest they will be brought before a Magistrate Judge for bond setting. The Magistrate is lawfully charged with considering two main factors: 1) the defendant's flight risk, and; 2) the defendant's risk to the community. The Magistrate will also explain important rights, such as the right to remain silent, right to counsel, and the right to a preliminary hearing. Even seemingly minor offenses may have serious consequences. Simply paying a fine or accepting a community service sentence may subject you to a criminal record that follows you for the rest of your life. Additionally you may not qualify for certain employment opportunities that require background investigations, and you may find yourself unable to obtain a necessary occupational or professional license.
  • Richard Breitbart:

    Understanding What the Law Says

    Every case is different and the penalties imposed by the court can vary. For instance, if you are arrested for DUI after causing an accident which injures someone, your car may be impounded.

    In general, however, persons charged with DUI are subject to the following kinds of penalties:

    First Offense

    Even if you have never been arrested for drunk driving, a first time offender could faces statutory fines and costs of $960 and possible jail time up to 30 days. Additionally, the court may impose a community service requirement.

    Second Offense

    People charged with a second DUI could face a statutory fine between $2,100 and $5,100 and may be sentenced from 2 days to a year in jail. Although the court has discretion in the matter of assigning fines, it cannot impose a fine of less than $1,100. The court may also require public service or employment in addition to any other penalties and/or jail time imposed as well as probation.

    Third Offense

    Third time offenders can be fined anywhere from $3,800 to $6,300 and be incarcerated for 2 months to 3 years.

    Fourth and Subsequent Offense

    People facing a fourth or subsequent DUI charge face 1 to 5 years in prison.

• Mount Pleasant
  • Olson and Good: Each US state has its own set of drunk-driving laws, but there are certain concepts and features common to most states' drunk-driving jurisprudence. Basically, as we all know, it is illegal and a crime for a person to operate a motor vehicle after consuming alcohol and/or drugs to a degree that impairs his or her safe driving ability and judgment. Both criminal and civil penalties for drunk driving can be harsh and often include: ¥ Loss or suspension of license ¥ Large fines ¥ Substance-abuse treatment ¥ Jail or prison time ¥ Community service ¥ Restitution ¥ Criminal record ¥ Restrictive probationary license programs, including ignition interlock devices and Cinderella licenses In addition, the social stigma and effect on your career may have lifelong negative consequences.
  • Futeral Law Firm: Typically, prosecutors prove violations of this statute by showing, among other things: (1) the driver had observable signs of intoxication such as slurred speech, blood-shot eyes, strong odor of alcohol, staggering, or swaying; (2) the driver failed field sobriety tests (reciting ABC's, standing on one leg and counting, etc.); or (3) the driver could not maintain control of the vehicle (weaving, driving off the shoulder, etc.). Additionally, prosecutors could also introduce evidence that the driver had a BAC (Blood Alcohol Concentration) level above the statutory legal limit.
  • Futeral & Brookshire: Throughout the United States, and in South Carolina, it is illegal to operate a motor vehicle while impaired by alcohol (or drugs). Although it is not illegal to have a drink and drive in South Carolina, our laws state: It is unlawful for a person to drive a motor vehicle within this State while: (1) under the influence of alcohol to the extent that the person's faculties to drive are materially and appreciably impaired; (2) 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 are materially and appreciably impaired; or (3) 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 are materially and appreciably impaired.
• Mrytle Beach
• North Augusta
  • James Huff: If you are convicted of a first offense DUI in South Carolina, you are subjected to a fine of $637.00 or 30 days in jail. A 2nd offense in 10 years can result in a minimum fine of $2,000.00 up to $5000.00 and imprisoned for at least 48 hours or up to 1 year. A judge could order a person convicted of DUI 2nd to at least 10 days of public service instead of serving time in jail.
• North Charleston
  • Bosnack, Michael: Few feelings compare to those experienced when you are pulled over for suspicion of DUI or DWI. Most DUI and DWI charges follow a day or night of deserved celebration or needed relaxation or fun. A quick decision that you are sober enough to drive, coupled with a desire to get your vehicle home, can soon lead to disbelief and shock as visions of court hearings, fines, loss of driving privileges and even employment problems set in.
  • Joye Law Firm: Summary of South Carolina's Criminal Law on DUI It is unlawful to operate a motor vehicle in South Carolina while under the influence of alcohol and/or legal or illegal drugs. Code Section 56-5-2930 The arresting officer must have proof (evidence) beyond a reasonable doubt that the personÕs mental and physical faculties are materially and appreciably impaired due to the ingestion of alcohol to such a degree that the person cannot operate a vehicle safely on the highways of South Carolina. TRIAL BY MACHINE? Other states have enacted laws that make it a criminal offense (illegal/unlawful) to drive a motor vehicle if a person has a breath (or blood) alcohol level of .10 or greater (some states now have a criminal level of .08); this is called ILLEGAL PER SE. South Carolina does NOT have this law. Datamaster breath testing machine for DUI cases in South Carolina TRIAL BY JURY? If you have been arrested in South Carolina for DUI (Driving Under the Influence), you probably do not know that South Carolina citizens (and visitors) have a Constitutional right to a jury trial for the criminal offense of DUI. Some states have abolished that right but not South Carolina. Article 1. Section 14. Trial by jury, witnesses; defense. The right of trial by jury shall be preserved inviolate. Any person charged with an offense shall enjoy the right to a speedy and public trial by an impartial jury; to be fully informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to be fully heard in his defense by himself or by his counsel or by both.
  • Deaton Law Firm: Under South Carolina law, getting a driver's license means that you are giving implied consent for police officers to test you for your blood alcohol content at a traffic stop. The law does not, however, say that you are giving up your rights to vigorous legal representation.
• North Mrytle Beach
  • Irvin Law Firm: In a criminal case, a government agency seeks to punish you or entities for behavior that the state or country has declared unlawful. Prosecutors decide whether to file charges against a defendant Convictions may result in fine, jail, or both The burden of proof is "beyond a reasonable doubt" Usually the government will pay for your attorney if you can't afford one Criminal defendants are almost always entitled to a jury trial
• Rock Hill
• Spartanburg
  • Sinclair & Collins: It is possible to defend yourself against criminal charges. However, the outcome of your case will affect you and your family now and in the future. If you choose to defend yourself, you will need to learn about the criminal process, the rules of court and the law that applies to your case to make sure that you are not convicted of a crime or that you do not receive more punishment than you deserve.
  • Reckenbeil, John: State General Sessions Court to include Representation on all Felonies/Misdemeanors, State Magistrate Court to include all Misdemeanors and Traffic offences Federal District Court to include representation on all Federal Felonies and Misdemeanors, with extensive experience handling Federal Drug Conspiracy Charges.
  • Giovannetti & Campbell: If you have been indicted for drunk driving, you may be surprised at just how many DWI / DUI charges can be reduced or even dismissed due to questionable police procedures.
  • Harris Law Firm: Each DUI case, as every criminal case, is unique and individual to its own facts and circumstances. It is almost universally the case that attorneys fees for representation for DUI, first offense are more than the maximum fine amount. However, the money saved in paying the fine instead of paying for legal representation is often a false savings when all of the consequences of a DUI conviction, even for a first offense, are considered. For example, under current South Carolina Law, a DUI first conviction is considered a criminal misdemeanor offense that remains on an individuals permanent criminal record forever and could be used against that person for purposes of enhanced punishment in subsequent offenses for a period of ten years. A DUI conviction will result in loss of driving privileges or drivers license suspension in South Carolina and in order to get back any privilege to drive, the convicted person must enroll in a special alcohol counseling program at a fee and maintain what is known as SR-22 insurance. This insurance is usually extremely expensive and must be maintained for a period of thirty-six months. The bottom line is that a DUI offense, even a first offense, is a serious matter in South Carolina.
• Summerville
  • Mark Leiendecker: Crimes that are regarded as less serious are referred to as misdemeanors. A misdemeanor usually is punishable by a fine or by incarceration in a local jail for a period of less than one year. Prosecutors typically do not convene a grand jury to investigate or issue indictments for misdemeanor charges, although the same conduct may give rise to both felony and misdemeanor charges. Misdemeanors are usually charged by a written complaint, or "information." In some states, poor defendants are not entitled to a court-appointed attorney when charged only with a misdemeanor. The charges may be considered minor, but being accused of a misdemeanor--not to mention being convicted of one--can cause a major disruption in the life of an accused. As in any criminal case, it is essential that a defendant in a misdemeanor prosecution have zealous representation backing him or her up. A person accused of a misdemeanor should seek the help of a criminal defense attorney.
• Sumner
  • Young, Reiter & Keffer: Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on DUI/DWI charges may result in fines, the revocation or suspension of your driver's license, and possible jail time. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced criminal defense attorney can make all the difference in such a difficult case.
• Walterboro
  • Hetrick, Harvin & Bonds: If you have received a traffic ticket in South Carolina, you need to be aware of how the ticket could affect both your car insurance rates as well as your driverÕs license points. Pleading guilty to a speeding or reckless driving ticket can result in you paying higher car insurance rates for years. In addition, the points subtracted from your driverÕs license could ultimately affect your ability to drive.