charleston sc dui lawyer News for November 13 2017

Roadblocks & DUI Checkpoints in SC

How aggressive is DUI enforcement in South Carolina? Police officers across the state have been setting up DUI checkpoint traps for years. If you’ve been arrested on suspicion of DUI in the Charleston area, you could benefit greatly from the representation and legal guidance of an experienced and tireless DUI defense attorney who knows how to protect your rights, driving privileges and record. People under the legal blood alcohol content limit fail breath tests and field sobriety tests regularly. Police officers also need to properly administer breath tests and field sobriety tests. The portable roadside testing device is only meant to give police officers an idea of your BAC. With attorney John L. Drennan’s representation, this evidence won’t stand up in court. The breath test administered at the police station is done using a machine called the DataMaster DMT. Attorney Drennan is a certified expert witness regarding the accuracy of this machine, and he has testified on several occasions detailing its many inaccuracies. Even if your BAC test result was high, you may still have a defense and legal options. Environmental factors and certain molecules in the air or in your lungs at the time of the test can skew your results. The National Highway Traffic Safety Administration, which introduced the tests several years ago, now officially states that field sobriety test results are not sufficient evidence of impaired driving. Sober people fail the walk-and-turn, one-leg stand, horizontal gaze nystagmus and alphabet recitation tests frequently. Police officers are supposed to videotape the field sobriety tests for court review and follow other strict protocols. We will examine all aspects of your case and determine what factors may have influenced your test results.
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Charleston South Carolina DUI AttorneysSC DUI Penalties

For a DUI 1st conviction, without accident or injury to others, you will lose your license for 6 months, subject to getting a provisional license. If from out of state, a conviction or plea will be forwarded to your “Home state” where other penalties may apply under their laws. Depending on your”blood alcohol level,” you will pay a fine, perform community service, enroll in an “alcohol and drug safety action program, and be required to maintain SR-22 insurance for 3 years, even if you do not own a vehicle. Subsequent DUI convictions will result in even more serious penalties and fees. Any DUI arrest involving an accident with serious injury or death becomes a felony. DUI vs. DUAC. Everyone has heard of a DUI charge. In South Carolina, you can be arrested or sometimes plead to a DUAC. While many believe this is a “Lesser charge,” it is not. The penalties are the same as a DUI. The only advantage of pleading to a DUAC is the ability to say you were originally arrested for DUI but pled to DUAC at your lawyer’s urging. For a second BUI conviction or plea, the fine increases to $2,000 up to $5,000 and jail time of 48 hours up to 1 year. Like in DUI cases, the offender must enroll and complete ADSAP training within 1 year from sentencing. For “Great bodily injury” cases, the fine is $5,000 to $10,000 and not less than 30 days in jail up to 15 years. Where death results, the fine is $10,000 to $25,000 and not less than 1 year up to 25 years in prison.
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Charleston, SC DUI and Traffic Violations Lawyer

A DUI arrest or allegation of a serious traffic offense can have an immediate impact on your personal life and career. Whether it is your first offense or you have been arrested for DUI before, it is critical that you know your rights and options. We are committed to aggressively defending your rights so that you may keep your driver’s license and avoid excessive insurance premium increases. Experienced traffic officer guiding you through the legal process. Attorney J. Brooks Davis served the City of Charleston as a traffic officer prior to starting his law practice and is experienced in handling alcohol related and other driving offenses. Brooks was certified by the South Carolina Department of Public Safety in field sobriety testing, breath alcohol testing and the use of radar and other speed detection devices. Brooks is a member of the National College for DUI Defense. If you face a DUI charge or a traffic violation, call J. Brooks Davis, Attorney at Law at 843-225-2255 or contact the firm online to schedule a free initial consultation.
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