Category: DUAC

When Can I Get Breathalyzer Results Suppressed in SC

When can I get breathalyzer results suppressed in SC? Sometimes, mistakes made by the officer during a DUI investigation and arrest can result in dismissal of your charges. Other mistakes made by the officer are not grounds for dismissal but will allow your DUI defense lawyer to get the breathalyzer results suppressed. If you’ve been arrested and charged [..]

Read More

What Happens After a DUI in Myrtle Beach, SC?

Whether you were intoxicated or not, a DUI in Myrtle Beach can be a traumatic experience – what happens next? Police begin collecting evidence to use against you from the moment their blue lights turn on: The entire traffic stop is video-recorded; The officer engaged you in conversation, asking questions about how much you’ve had [..]

Read More

What Not to Do During a DUI Traffic Stop

Lauren Elizabeth Cutshaw was having a bad day on August 4, as she learned the limits of white privilege. She has become an internet “celebrity” after a traffic stop in Bluffton, SC where she allegedly ran a stop sign at 60 mph, then informed the officer that she should not be arrested because she is [..]

Read More

How Long Will a DUI Conviction Stay on My SC Driving Record?

If you are convicted of DUI in South Carolina, it will follow you around for the rest of your life. A DUI conviction cannot be expunged. As long as you don’t get another DUI, your insurance premiums will eventually go down. Your driving record will no longer reflect the DUI after 10 years. But it [..]

Read More

South Carolina Moped DUI Law

South Carolina’s governor signed a “moped DUI law” last month that should allow intoxicated persons to be charged with driving under the influence when they are operating a moped. The law does not go into effect until November 2018, 18 months after it was signed by the governor. Myrtle Beach, a city with 18 million [..]

Read More

How to Fight the DMV and Win

The S.C. Court of Appeals decision in Davis v. SCDMV is the story of how an ordinary person can fight arbitrary, ridiculous decisions by the DMV and win. The DMV tried to revoke Davis’ license as a habitual traffic offender six years after his third conviction for DUS. Davis fought the revocation at an admin [..]

Read More

No Right to Counsel in South Carolina Summary Courts

Of course there is a right to counsel, at least when a person is sentenced to jail time, but it is systematically denied to defendants in our state’s summary courts. Indigent defendants in S.C.’s summary courts typically are not provided with court-appointed counsel, even in serious cases such as DUI or domestic violence (CDV).  In [..]

Read More

DUI – Standardized Field Sobriety Tests (SFST’s)

In South Carolina and all states, there are only three standardized field sobriety tests (SFST’s) that have been approved by the National Highway Traffic Safety Administration (NHTSA) for use in DUI detection: the Horizontal Gaze Nystagmus (HGN) test, the One Leg Stand test, and the Walk and Turn test.  Once an officer makes an initial [..]

Read More