Arrested in South Carolina for DUI?
South Carolina’s DUI laws provide detailed, required routine for stops, field sobriety testing, monitoring, advising of rights, breathalyzer testing, blood testing, and record maintenance. The favorite question asked of lawyers seems to be. “If I am stopped for drinking and driving, should I blow the breathalyzer?” The best answer to that question is, “Don’t drink and drive.” “I just had a few”, or “I know how many I can handle” thoughts have allowed many drivers to rationalize their belief that driving is “Ok.” Death, jail, unemployment, and destruction of families has been the result of many of these rationalizations.
The University of Notre Dame’s Office of Alcohol and Drug Education, provide a “Blood Alcohol Calculator” that provides an estimated BAC level based on sex, weight, number of drinks, types of drinks, and time period of drinking. The BAC Calculator takes into consideration the varying alcohol %s that are found in brands of beer, wine, and liquor. BAC Calculator link. The body’s ability to absorb alcohol varies based on numerous factors. These factors are discussed in Notre Dame’s ABSORPTION RATE FACTORS.
Regardless of appropriate planning, and decisions about driving, you may find yourself being stopped for DUI. If you find yourself in that position, you should as soon as possible invoke your right to counsel, and prepare to retain counsel, or have a loved one, retain counsel for you at your earliest possible opportunity. DUI convictions result in loss of driving privileges, high cost auto insurance, and in some instances, loss of employment. DUI charges require specific, and timely management to avoid these serious, potentially life altering consequences.
DUI field sobriety testing by officers is matter of training, monitoring and documentation. The National Highway and Traffic Safety Administration has curriculum, videos, and materials that are offered to State and local law enforcement agencies. View the attached video to understand some the federal efforts taken to assist in the detection, arrest, and prosecution of DUI offenses. NHTSA Video. Additional Federal resources and research available to State and local agencies can be found below:
- Increasing Impaired-Driving Enforcement Visibility: Six Case Studies
- Roundtable on the Role of Drug Testing Technology in the Drugged Driving Criminal Justice Process
- Challenges and Defenses II
- A Social Norms Strategy to Reduce Impaired Driving Among 21-34-Year-Olds
The Laws relating to DUI can be difficult to navigate. Title 56, (Click link to read Title 56 containing the DUI Laws. South Carolina requires that many records and reports regarding each individual Breathalyzer site be available on line through the South Carolina Law Enforcement Division. Navigating and understanding this information is a daunting task SLED Implied Consent Records (Click link to review records).
The Law require that testing occur within a strict time limit, under very defined circumstances. Criminal Discovery through Rule 5 of the S.C. Rules of Criminal Procedure, and U.S. Supreme Court Brady decisions, provide criminal defense attorneys the opportunity to require prosecuting officers, and prosecutors to deliver information to assist in the defense of cases.
After a DUI arrest, ADSAP (Alcohol Drug Safety Action Program), is program that is required. ADSAP Sites (Click link for ADSAP Sites).
To review trends of DUI arrests, you may want to look at a 2012 report produced by the S.C. Department of Public Safety. SCDPS Report 2012 Crime
In conclusion, don’t drink and drive. But, if you find yourself or find a loved one charged with DUI in South Carolina, call Chris Biering. Affordable, Experienced, DUI Defense.