DUI Laws Archives - Page 2 of 2

The Embarrassing Results Of A DUI Conviction

May 28, 2016/in Criminal Law, DUI Defense

In a previous post, we’ve discussed what the penalties for driving under the influence look like in South Carolina. With multiple offenses you can face up to seven year of jail time, $10,000 in fines, a revoked license, or have an ignition interlock device installed in your vehicle. Having to face jail time and heavy fines are just a part of the struggle for those who’ve been convicted for driving under the influence. Death is a very real possibility. Of all the traffic related deaths in the United States, nearly one-third of them involved alcohol impaired driving according to the Center for Disease Control (CDC).

Along with campaigns to stop impaired driving, many other deterrents are used to help reduce impaired driving fatalities. If you’re convicted of your second DUI in the Palmetto State, you are required to have an ignition interlock device installed on your car. This is a device that uses a breathalyzer test connected to the car’s ignition. It will only let you start the engine if your breath registers below a predetermined limit, usually a BAC of 0.02 or below. Not only is the installation of this device embarrassing, it’s a red flag to law enforcement. However, on the other hand, the CDC has found that “when installed, interlocks are associated with nearly a 70% reduction in re-arrest rates for impaired driving,” meaning reduced arrest rates.

All this can be avoided with the help of a good DUI lawyer’s help. Contact De Bruin Law Firm today to get a free consultation on your case where we can look over all the intricacies and fight to keep you from disastrous penalties that could ruin your life.

What’s The Difference Between A DUI, DWI, And DUIL?

May 28, 2016/in Criminal Law, DUI Defense

We’ve all heard of a DUI, or driving under the influence. But did you know there are upwards of six or more acronyms that describe different versions of driving under the influence? Different states utilize different terms and punishments for what is essentially the same offense. It’s important to know what the terms and laws are in South Carolina and how they affect your individual situation. Contact De Bruin Law Firm for a free consultation with our expert DUI attorneys. In the meantime, here are the basics you need to know to navigate the acronyms and jargon surrounding DUIs.

Whether a DUI or DWI, the idea is the same. With a DUI they are simply specifying that you were driving. You are operating or driving something under the influence of either alcohol or some other substance. Either of these actions followed by “WI” stands for while intoxicated. Similarly, “DUIL” stands for under the influence of liquor. A DUIL is one of the few that is very specific to alcohol consumption.

The two components that is important to note in these acronyms are the operating or driving some vehicle and consumption of a regulated substance. What some people forget is that to receive a DUI you don’t necessarily have to be driving a car. You could be operating a golf cart, riding a bicycle, or even riding a horse in some states while under the influence of drugs or alcohol.

If you find yourself in a situation where you need legal counsel from a DUI Attorney in South Carolina, contact us at De Bruin Law Firm today and we’ll help you navigate the intricacies of DUI law.

More Police Mistakes That Invalidate A DUI Arrest

April 28, 2016/in Criminal Law, DUI Defense

As we discussed in a previous post, not all DUI arrests are set in stone. There are several different ways in which the arresting police officer themselves can invalidate the case simply by mishandling the traffic stop or DUI checkpoint. Making arrests for driving under the influence results in thousands of dollars of fines that must be paid into the court, making each DUI arrest a very lucrative event for local government. To avoid being unfairly charged for this crime, it’s important to know exactly what’s expected of the arrested officer. Then, if you feel that they behaved improperly, consult with the experienced DUI defense attorneys at De Bruin Law Firm right away.

Misconduct In Field Sobriety Tests

“Please step out of the car, I’d like to perform a few tests.” These words strike fear into the heart of any driver, causing extreme anxiety and sometimes erratic behavior, even when no alcohol or other substances are involved! In order for a field sobriety test to stand up in a court of law, it must be administered in a very specific manner, with considerations taken for a person’s level of fatigue, health conditions, current environmental conditions, and/or the structure of the pavement. If you believe the arresting officer judged you unfairly during a field sobriety test, it’s important to let your DUI attorney know immediately. Improper conduct can provide a way for your defense attorney to prove that the test wasn’t reliable and should be dismissed.

No Probable Cause For DUI Arrest

As we addressed in a previous post, law enforcement officers must have reasonable suspicion in order to pull you over in a traffic stop. They cannot simply choose to pull you over for the fun of it. Even if they do have reasonable suspicion and perform a traffic stop, they can’t arrest you without probable cause that a crime has actually been committed. If you don’t believe probable cause was established, but you were arrested anyway, a DUI attorney can use this information in your defense.

Improper Administration Of Your Breath Test

If both reasonable suspicion and probable cause are present, a police officer can legally arrest you for a DUI. At this point, they will likely perform a breath test, with a tool commonly called a breathalyzer. However, as with DUI checkpoints, there are very strict rules governing the administration of a breath test. It’s important that you discuss the events preceding and following your breath test with your DUI attorney as soon as possible, while the details are still fresh in your mind. If you can’t speak with them right away, write the events down. Improper administration of a breath test is a strong defense in DUI cases.

How A DUI Defense Attorney Can Help

Hopefully, these posts about common police mistakes that can invalidate a DUI has shown you that the world isn’t necessarily over just because you were arrested for driving under the influence. People can be and are wrongfully convicted for this crime every day because these mistakes aren’t brought to the attention of a DUI attorney.

Common Police Mistakes That Invalidate A DUI Arrest

April 28, 2016/in Criminal Law, DUI Defense

With the summer recreation season quickly approaching, it’s time for all South Carolina drivers to prepare themselves for increased DUI controls on the roadways.

To be clear, it’s never acceptable for a person to drink and drive. Operating a vehicle under the influence of an intoxicating substance puts you, your passengers, other drivers, and pedestrians in grave danger. However, it’s important to remember that DUIs are very profitable for law enforcement. During certain times of year, patrols specifically targeting potential DUI arrests are increased for this reason.

It’s important to be aware of your rights and proper procedure during a DUI stop, as well as mistakes often made by law enforcement that can invalidate any charges.

No Reasonable Suspicion For At A Traffic Stop

Law enforcement must have a reason to pull you over. They can’t just cherry pick people out of traffic because they think there may or may not be a chance that you’re driving under the influence of something. While this means that not wearing a seat belt, having a taillight out, or rolling through a stop sign are perfectly good reasons to be pulled over, it’s important that the officer can cite this reason immediately upon stopping you. If your DUI attorney determines that there was no justification for you to have been stopped, your case could be invalidated.

Misconduct At Sobriety Checkpoint

One exception to the ‘reasonable suspicion’ rule for DUI traffic stops is the DUI checkpoint. These are situations in which police officers block passage through a roadway so that they can analyze the sobriety of each and every driver. While this is legal, it’s necessary for an officer to follow very specific protocol during a checkpoint stop. If these rules aren’t followed, it could invalidate any charges.

As you can see, no case of driving under the influence is cut and dry, regardless of how the police officer might make you feel. If you’ve recently been arrested, contact an experienced DUI attorney today. Also, stay tuned for our upcoming post that discusses more police mistakes that may invalidate a DUI charge.

Penalties For Driving Under The Influence

April 16, 2016/in DUI Defense

Under South Carolina law, it is illegal to drive a motor vehicle with a blood alcohol concentration of 0.08 percent or higher. People who are found guilty of driving with a blood alcohol level that is too high may be fined or imprisoned. Here is the possible penalties for DUI in South Carolina. To learn more contact our DUI Lawyer about your case.

For blood alcohol levels of .08 to .10 percent, the following penalties apply:

Offense Number	Imprisonment or Public Service and Fines	License Suspension
One	A fine of $400 or a minimum imprisonment of 48 hours to a maximum of 30 days. The court also has the option of ordering public service instead of the 48-hour minimum sentence.	Six Months
Two	A minimum fine of $2,100 to a maximum fine of $5,100 and imprisonment for a minimum of five days to a maximum of one year. The court may not suspend the fine by less than $1,100.	Indefinite
Three	A minimum fine of $3,800 to a maximum fine of $6,300 and imprisonment for a minimum of 60 days to a maximum of three years.	Indefinite
Four or More	Imprisonment for a minimum of one year to a maximum of five years.	Indefinite

For blood alcohol levels of .10 percent to .16 percent, the following penalties apply:

Offense Number	Imprisonment or Public Service and Fines	License Suspension
One	A fine of $500 or a minimum imprisonment of 72 hours to a maximum of 30 days. The court also has the option of ordering public service instead of the 72-hour minimum sentence.	Six Months or indefinite if greater than a blood alcohol level of .15
Two	A minimum fine of $2,500 to a maximum fine of $5,500 and imprisonment for a minimum of 30 days to a maximum of two years. The court may not suspend the fine by less than $1,100.	Indefinite
Three	A minimum fine of $5,500 to a maximum fine of $7,500 and imprisonment for a minimum of 90 days to a maximum of four years.	Indefinite
Four or More	Imprisonment for a minimum of two years to a maximum of six years.	Indefinite

For blood alcohol levels greater than .16 percent, the following penalties apply:

Offense Number	Imprisonment or Public Service and Fines	License Suspension
One	A fine of $1000 or a minimum imprisonment of 30 days to a maximum of 90 days. The court also has the option of ordering public service instead of the 30 day minimum sentence.	Indefinite
Two	A minimum fine of $3,500 to a maximum fine of $6,500 and imprisonment for a minimum of 30 days to a maximum of two year. The court may not suspend the fine by less than $1,100.	Indefinite
Three	A minimum fine of $7,000 to a maximum fine of $10,000 and imprisonment for a minimum of six months to a maximum of five years.	Indefinite
Four or More	Imprisonment for a minimum of three years to a maximum of seven years.	Indefinite

At the De Bruin Law Firm in Greenville, South Carolina, our criminal defense attorneys can represent you if you are accused of driving with a blood alcohol concentration of .08 percent or
higher. Contact the De Bruin Law Firm today to schedule a free consultation with one of our DUI Attorneys.

Drinking Age Law Change In California

March 16, 2016/in Criminal Law, DUI Defense

“Because Your Future Deserves a Defense”

A ballot initiative has been proposed in California that could potentially lower the drinking age. In California, a proposed law is written as a “ballot initiative” and is submitted to the Attorney General. The Attorney General’s office will give the proposed law a title and summary and the state will prepare a report on the potential financial impact of the proposal. Once the Attorney General’s office has approved the proposal in this way, the proposed bill has 150 days to gather the required number of signatures. The required number of signatures is either five percent (for a statute) or eight percent (for an amendment) of the number of people who voted in the most recent gubernatorial election. In the case of this proposed legislation, the number is 365,880 signatures. Generally bills will gather significantly more than the required number of signatures in order to account for fraudulent signatures. Should the initiative collect enough signatures it will be placed on the ballot and if the majority vote in favor, it will be passed into law.

Is The Current Drinking Age Law Outdated?

This particular initiative will be voted on in November 2016 should it collect the required signatures. The main proponent of this initiative, Terrance Lynn, believes the current law is outdated. The current law setting the drinking age at 21 was established at the federal level in 1984. Lynn believes 18 year olds have all of burdens and responsibilities of adulthood and should also share in the privilege of consuming alcohol. Terrance has also stated that he will not be spending money to advertise for signatures. Terrance is against money in politics and believes spending to promote his proposal would compromise his values. Experienced politicians and businessmen have claimed that without using money to hire people to gather signatures, it is likely the proposal will not make it to ballot.

Opposition To The Proposal

The biggest opposition to this proposal, predictably, comes from Mothers Against Drunk Driving. MADD believes raising the drinking age to 21 has saved 25,000 lives. MADD also claims that crashes have decreased by 16 percent because of the raised drinking age limit. Because federal law sets the minimum wage at 21, the state of California could potentially lose $200 million in federal highway funds, on the other hand, there is the potential for increased tax revenue from increased liquor sales.

Contact An Attorney In California

Currently, California allows those under the age of 21 to possess alcohol if their parent or of-age spouse is present. California is also one of the most lenient jurisdictions in the country when it comes to underage drinking. Most states impose strict liability for serving alcohol to a minor, in some states a person can be charged with serving a minor even if the minor steals the alcohol.

Keep in mind, here in South Carolina, as well as the rest of the United States, the drinking age is still 21. Underage drinking is an offense that could have long-term effects on your ability to find housing or employment. If you have been charged with underage drinking or providing alcohol to a minor, you need professional legal representation. Contact the attorneys at the De Bruin Law Firm today for a consultation and we will defend your rights and fight for the best possible outcome to your case.

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