Legal Blog

Legal Blog

News updates, answers to legal questions and more.

Legal Blog

News updates, answers to legal questions and more.

How a South Carolina DUI Can Change Your Car Insurance Costs and Coverage

A South Carolina driver reviewing increased car insurance costs after a DUI charge.

Summary A South Carolina DUI can affect your car insurance, especially if the case ends in a conviction. A conviction may lead to higher premiums, fewer carrier options, different underwriting decisions, or proof-of-financial-responsibility requirements connected to your driving privileges. A DUI charge and a DUI conviction are not the same for insurance purposes. South Carolina […]

Posted in DUI

Prescription Medication and DUI in South Carolina: Why a 0.00 Breath Test Does Not End the Case

An unlabeled prescription medication bottle and car keys rest inside a parked vehicle.

Summary Yes. In South Carolina, a prescription medication can support a DUI charge even when a breath test shows 0.00. South Carolina Code Section 56-5-2930 applies when alcohol, another drug, a combination of drugs or substances, or alcohol combined with drugs materially and appreciably impairs a person's ability to drive. A lawful prescription may explain […]

How a South Carolina BUI Investigation Differs From a Roadside DUI Investigation

How a South Carolina BUI Investigation Differs From a Roadside DUI Investigation

A South Carolina boating under the influence investigation can develop very differently from a roadside DUI investigation. A BUI contact may begin with a boating safety stop, a blue-light encounter, or a vessel boarding. An officer may then evaluate balance, coordination, speech, judgment, and other observations in conditions that do not resemble a roadside shoulder. […]

Prescription Medication DUI in South Carolina: What Counts as Impairment?

Prescription Medication DUI in South Carolina: What Counts as Impairment?

Yes. Prescription medication can support a DUI charge in South Carolina when the medication, by itself or combined with another substance, materially and appreciably impairs your ability to drive. A valid prescription can explain why a drug was in your system, but it does not automatically resolve a DUI allegation. South Carolina Code Section 56-5-2930 […]

What Happens to Your Car After a DUI Arrest in South Carolina?

What Happens to Your Car After a DUI Arrest in South Carolina?

After a DUI arrest in South Carolina, your vehicle is not automatically forfeited to the state. What happens to the vehicle depends on the circumstances at the scene, the location of the vehicle, whether it can remain there lawfully and safely, and the procedures used by the arresting agency. Law enforcement may arrange for a […]

Posted in DUI

What Happens to Your CDL After a Personal-Vehicle DUI Arrest in South Carolina?

What Happens to Your CDL After a Personal-Vehicle DUI Arrest in South Carolina?

If you hold a commercial driver’s license and are arrested for DUI while driving your personal vehicle in South Carolina, the arrest itself does not automatically impose the standard one-year CDL disqualification. A qualifying DUI conviction can disqualify you from operating a commercial motor vehicle for at least one year even when the incident happened […]

South Carolina DUI Breath Test Challenges

South Carolina DUI Breath Test Challenges

A South Carolina DUI breath test result can be challenged when the State cannot establish that required testing procedures were followed or when the surrounding evidence raises a specific question about accuracy, reliability, or fairness. Issues can involve the two-hour testing window, operator certification, the simulator check, the 20-minute pretest waiting period, implied-consent warnings, breath-test […]

Posted in DUI

Can South Carolina Charge You With DUI When Police Never Saw Your Car Move?

Can South Carolina Charge You With DUI When Police Never Saw Your Car Move?

Yes. South Carolina police may arrest or charge you with DUI even when no officer personally saw your vehicle moving. A conviction requires more. Under South Carolina Code Section 56-5-2930, the State must prove that you drove a motor vehicle within South Carolina while alcohol, drugs, or a combination of substances materially and appreciably impaired […]

Posted in DUI

South Carolina DUI First Court Date: What to Expect and How to Prepare

South Carolina DUI First Court Date: What to Expect and How to Prepare

Your first court date after a South Carolina DUI arrest may be brief, but it can affect how your case moves forward. Depending on the court, the charge, and the stage of the case, the judge may address your plea, legal representation, scheduling, a jury trial request, or other procedural matters. Before you appear, confirm […]

Posted in DUI

Why September Can Change the Evidence in a South Carolina DUI Traffic Stop

Why September Can Change the Evidence in a South Carolina DUI Traffic Stop

September does not change South Carolina DUI law, but it can change the conditions in which DUI evidence is created. In Greenville, Clemson, Spartanburg, and nearby Upstate South Carolina communities, late-summer rain, earlier sunsets, school-year traffic, football weekends, and fall events can affect roadside observations, field sobriety testing, police video, and the timeline of a […]

Posted in DUI

How Police Build DUI Cases During Fall Holiday Weekends in South Carolina

How Police Build DUI Cases During Fall Holiday Weekends in South Carolina

During fall holiday weekends in South Carolina, police may build DUI cases through driving observations, roadside questioning, field sobriety testing, video, statements, and chemical testing. An investigation can begin with a traffic stop, crash investigation, or public safety checkpoint. From there, an officer may document driving behavior, physical observations, field sobriety performance, what you say, […]

Posted in DUI