Legal Blog

Legal Blog

News updates, answers to legal questions and more.

Legal Blog

News updates, answers to legal questions and more.

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 […]

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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 […]

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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 […]

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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 […]

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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, […]

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Can a College Football Tailgate Lead to a DUI Arrest in South Carolina?

Can a College Football Tailgate Lead to a DUI Arrest in South Carolina?

Yes. A college football tailgate can lead to a DUI arrest in South Carolina if you drive and an officer has probable cause to believe that alcohol, drugs, or a combination of substances materially and appreciably impaired your ability to drive. Tailgating itself is not a DUI offense, and attending a game does not change […]

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Fall DUI Checkpoints in South Carolina During Football Season: What Drivers Should Know

Fall DUI Checkpoints in South Carolina During Football Season: What Drivers Should Know

Fall football season in South Carolina brings tailgates, watch parties, packed parking areas, rideshare traffic, and late-night driving across Greenville, Clemson, Spartanburg, and nearby Upstate communities. Drivers may encounter sobriety checkpoints, driver’s license checkpoints, or concentrated DUI patrol activity during busy weekends. A checkpoint stop can be lawful, but the Fourth Amendment still applies, and […]

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What Does a DUI Lawyer Look for When Reviewing a South Carolina Arrest Video?

DUI defense lawyer reviewing South Carolina arrest video footage on a computer in a law office.

A South Carolina DUI arrest video can reveal far more than whether a driver appears intoxicated. A lawyer may examine when recording began, what supposedly justified the traffic stop, how the driver spoke and moved, how field sobriety tests were administered, what the officer said, and whether legally required portions of the investigation were recorded. […]

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Can You Be Arrested for DUI After Taking Legal Prescription Drugs in South Carolina?

Can You Be Arrested for DUI After Taking Legal Prescription Drugs in South Carolina?

Yes. You can be arrested for DUI in South Carolina after taking a legal prescription drug if an officer has probable cause to believe the medication impaired your ability to drive. A valid prescription may explain why a drug was in your system, but it does not automatically prevent an arrest or defeat a DUI […]

South Carolina DUI Arrests and Professional Licenses: What Greenville Professionals Should Know

South Carolina DUI Arrests and Professional Licenses: What Greenville Professionals Should Know

A DUI arrest in South Carolina can create professional licensing concerns, but an arrest does not automatically mean that you will lose a nursing, medical, teaching, real estate, or other occupational license. If you hold a professional license in Greenville, Clemson, Spartanburg, or a nearby Upstate South Carolina community, you may need to address the […]

Posted in DUI