The South Carolina Governor, Mark Sanford signed legislation
increasing penalties for drunk driving in South Carolina.
The bill H.3496 strengthens the DUI laws of South Carolina by
adding new penalties and closing several loopholes.
The law establishes a tiered system of penalties, with increased
consequences for elevated blood alcohol content. Penalties will
be imposed for any motorist who refuses to submit to a breath
test when driving under the influence in South Carolina is
suspected. Both first time and repeat offenders will experience
greater consequences if convicted, and the option of community
service has been eliminated for second or subsequent offenses.
The new law goes into effect in 2009.
DUI Lawyer
with the facts about DUI
Free Consultation at 843-488-5000
Arrested or Injured? For emergencies, we have attorneys on call 24 hours a day 7 days a week. Call us at 843-488-5000.
Traffic Tickets
We offer legal counseling and trial representation for the defense
of all criminal matters including the handling of pre-arrest
investigations, arraignment and bail proceedings, pre-trial
discovery and motions, jury trials in all trial courts of Horry, Georgetown
and Charleston Counties .
Some automobile accidents also involve receiving a
traffic ticket.
If you or a loved one face criminal charges, you need someone on
your side. The attorneys and staff at Coastal Law are committed to
helping you. We will make sure every aspect of your case is
explained to you so you clearly understand the charges against you.
If its your friend or loved one who has been charged, and they have
been taken to jail, one of our attorneys will be at the jail by his
or her side as quickly as we can after being retained.
It
is best to hire an attorney to defend you in a
criminal case. It is never a good idea to
represent yourself in a criminal case. The law is far more complex
than most people think.
A thorough understanding of your constitutional rights and how
to exercise them is vital to your defense. How you present your
defense to the court or a jury is equally important.
DUI Traffic Tickets:
With Traffic Tickets, Often it's Possible to:
Avoid Insurance Rate Increase
Avoid Court Appearance
Keep Driving Privilege
Handle Tickets By Mail or Fax
Coastal Law assists clients with traffic tickets,
DUI/DWI and other criminal charges that do unfortunately impact clients or their families' lives. We strive to provide competent and confidential representation to all clients who are charged with a crime.
A DUI conviction carries heavy penalties, and it is absolutely
imperative that you hire a South Carolina attorney.
The information contained in this site is general in nature and is not intended as specific legal advice for your use. Contact Coastal Law for specific legal advice. 843-488-5000
This is a simple question, and quite possibly the
most important. Many factors will combine to determine your level of
intoxication, including not only the amount of alcohol, but also the
rate of consumption, time period, and type. The following chart will
give you an idea of your BAC or blood alcohol content. However,
there are so many other factors involved in this determination that
this chart should only be used as a general guide.
Why were you stopped?
There must be a good reason why the arresting officer stopped you. Of course, police are trained to look for drivers who are exhibiting suspicious behavior. In many cases, a drunk driving arrest is made after a routine traffic stop, such as a broken taillight.
The National Highway Traffic Safety Administration (U.S. DOT-NHTSADOT HS 805711) publishes a list of suspect behaviors, including the percentage chance (according to the DOT) that a driver at night is legally drunk. Here is the list:
Turning with a wide radius 65%
Braking Erratically 45%
Straddling Center or Lane Marker 65%
"Appearing" To Be Drunk (e.g., Slouching in the seat, Gesturing erratically or obscenely, Eye fixation, Tightly gripping the steering wheel Face close to the windshield, Drinking in the vehicle, Driver's head protruding from vehicle) 60%
Weaving 60%
Driving on Other Than Designated Roadway 55%
Swerving 55%
Slow Speed (More Than 10 MPH Below Speed Limit) 50%
Following Too Closely 50%
Drifting 50%
Tires on Center or Lane Marker 45%
Driving Into Opposing or Crossing Traffic 45%
Signaling Inconsistent With Driving Actions 40%
Slow Response to Traffic Signals 40%
Stopping Inappropriately (Other Than in Traffic Lane) 35%
Turning Abruptly or Illegally 35%
Accelerating or Decelerating Rapidly
Headlights Off 30
Not all of the behaviors listed above give the police officer the legal right to stop the car. If your car was stopped illegally, then it could have severe implications for the admissibility of further evidence found in the car. A legal expert is essential in analyzing the initial traffic stop.
The "Breathalyzer" Tests
There are two types of breath tests available to law enforcement. The first is a called a PBT, or portable breath tester. This device is used to establish probable cause for the arresting officer in the field. The results of this test will not necessarily be submitted as evidence in a trial. It is used primarily to give the officer cause to detain a driver suspected of drunk driving.
The second machine used by law enforcement is the BAC Verifier DataMaster II. This is a larger machine centrally located at the police station. The results of this machine are most likely to be submitted as evidence in a court of law. In most states, failure to submit to this test will result in an automatic administrative suspension of a driver's license. If your license is suspended, Coastal Law can help you reinstate your drivers license privileges.
A person facing the decision to take or refuse the breath test should call an attorney immediately to discuss the consequences of that decision in connection with the specific facts of the case. Generally the consequences of refusing a test are more severe than taking it and flunking.
The law regarding taking or refusing the breath test is one of the most complicated areas of DUI law. Any person who is asked to take a breath test by a law enforcement officer should ask to contact an attorney immediately.
If you are under investigation or have already been charged for a crime or drunk driving offense, call 843-488-5000 or e-mail (help@coastal-law.com
) the attorneys at Coastal Law. They will give you an analysis of your case and your situation, which will allow you to take an important first step in defending the case against you.
