Legal Blog

Legal Blog

News updates, answers to legal questions and more.

Legal Blog

News updates, answers to legal questions and more.

When DUI Video Contradicts the Police Report in South Carolina

DUI roadside body camera footage reviewed beside a police report

When a South Carolina DUI police report and arrest video describe the same stop differently, the conflict can affect how the evidence is evaluated. A police report is the officer’s written account. Video is a separate piece of evidence that may confirm, add context to, or conflict with that account. A contradiction does not automatically […]

Posted in DUI

What Does a DUI Lawyer Look for in the First Few Minutes of a South Carolina Body-Camera Video?

A defense lawyer reviews police body-camera video of a roadside DUI stop on a computer.

Summary The first few minutes of a South Carolina DUI body-camera video can show details that a police report may reduce to only a few sentences. A DUI lawyer may look at when recording began, what the officer knew before approaching your vehicle, what you said, how you moved and responded, and whether the footage […]

Posted in DUI

Sleeping in a Parked Car After Drinking in South Carolina: When Can It Become a DUI?

A man rests in the driver’s seat of a parked car on a rainy night.

Summary Yes, police can investigate and charge you with DUI after finding you asleep in a parked car in South Carolina. Sleeping in a vehicle does not automatically prove DUI. South Carolina Code Section 56-5-2930 makes it unlawful to drive a motor vehicle in South Carolina while alcohol, drugs, or a combination of substances materially […]

Posted in DUI

Why a South Carolina BUI Case Can Be Harder to Evaluate Than a Roadside DUI

A marine patrol officer speaks with a recreational boater on a calm South Carolina lake.

A boating under the influence case can be harder to evaluate than a roadside DUI because the setting changes how evidence is collected and interpreted. Boat movement, wakes, sun, wind, fatigue, wet surfaces, engine noise, and limited space can affect balance, coordination, communication, and officer observations. South Carolina also applies a separate BUI statute to […]

DUI Arrest Without an Officer Seeing You Drive: What South Carolina Law Requires

An officer speaks with a driver beside a parked vehicle during a South Carolina DUI investigation.

Yes. In some situations, South Carolina police may arrest you for DUI even when no officer personally saw your vehicle moving. The lack of direct observation does not automatically prevent an arrest or require a DUI charge to be dismissed. When an officer did not witness the driving, the circumstances surrounding the arrest matter. South […]

Posted in DUI

Can You Get a DUI After a Clemson Football Tailgate?

Fans at a Clemson football tailgate in a parking lot near the stadium at sunset.

Yes. You can be arrested for DUI after a Clemson football tailgate if you drive and law enforcement believes alcohol, drugs, or a combination of substances materially and appreciably impaired your ability to operate a motor vehicle. Coming from a Clemson game, tailgate, restaurant, or watch party does not create a different DUI standard. South […]

What Evidence Can a DUI Lawyer Preserve or Request After an Arrest?

A DUI lawyer reviews traffic-stop video, photographs, and car keys at an office desk.

Soon after a DUI arrest in Greenville, South Carolina, evidence can begin to disappear, be overwritten, or become harder to obtain. A DUI lawyer may work to preserve police video, breath-test-site video, body-camera footage, dispatch records, 911 audio, photographs, witness information, testing records, and records held by nearby businesses or other third parties. South Carolina […]

Posted in DUI

What Commercial Drivers Should Tell a DUI Lawyer After an Arrest

A commercial driver discusses paperwork with a DUI attorney.

If you drive for a living, your DUI lawyer needs to understand your job as clearly as the arrest itself. Tell your attorney what vehicles you operate, which CDL class and endorsements you hold, whether you drive interstate or intrastate routes, what your employer requires you to report, and what would happen to your work […]

Can a DUI in Your Own Car Cost You Your CDL in South Carolina?

Car keys and a commercial driver license rest on a table.

Yes. If you hold a commercial driver’s license in South Carolina, a DUI in your personal vehicle can affect your ability to drive a commercial motor vehicle for work. South Carolina Code Section 56-1-2110 provides for a CDL disqualification of at least one year after a first qualifying conviction for driving a motor vehicle under […]

Can You Get a DUI on Private Property in South Carolina? What Drivers Should Know

A police officer speaks with a driver beside a parked car in a South Carolina residential driveway.

Yes. You can face a DUI charge in South Carolina even when the alleged driving happened on private property. South Carolina Code Section 56-5-2930 applies to driving a motor vehicle “within this State” while alcohol, drugs, or a combination of substances materially and appreciably impairs your ability to drive. The statute does not limit DUI […]

Posted in DUI

DUI Arrest Video vs. Police Report: What the Video Can Reveal

A dash camera records a nighttime DUI traffic stop as an officer speaks with a driver.

A DUI arrest video can preserve details that a police report may summarize or omit, including the timing of the stop, driving behavior, speech, movement, officer instructions, field sobriety testing, roadside conditions, and parts of the breath-test process. In South Carolina, video has a specific legal role because Section 56-5-2953 requires recording of defined portions […]

Posted in DUI