Category Archives: Blog

What is an Unreasonable Search and Seizure?

Under the United States Constitution, it is illegal for the government to make what are legally considered to be “unreasonable” searches and seizures.  A search must be made with either a warrant issued by a judge or be based on the law enforcement officer’s reasonable belief that evidence of a crime is present. Warrants The […]

BAC Levels and DUI Offenses

In South Carolina and every other state, the blood alcohol content level of a driver is generally a major factor in determining the guilt or innocence of a driver and even the severity of a given sentence. South Carolina law prohibits individuals from driving a car while under the influence of alcohol to the extent […]

Use of Police Videos in DUI Cases Stir a Debate

Police departments across the country have been increasing their reliance on cameras, either dashboard-mounted or personal cameras attached to uniforms, to use as evidence in driving under the influence (DUI) cases. South Carolina is no exception. However, recently there has developed a debate surrounding whether these police videos should be deemphasized or not in court […]

Your Rights in Court

If you are accused of a crime you are guaranteed certain rights under the United States Constitution.  Each of the first ten amendments to the federal Constitution, also known as the Bill of Rights, provides important rights for individuals to be protected from government overreach. Some of the most important legal rights as a criminal […]

Sobriety Checkpoints in South Carolina

What is a Sobriety Checkpoint? Sobriety checkpoints are roadway screening processes where the police will initiate a roadblock on a given road and stop all cars passing through the road and briefly interview or otherwise investigate the driver of each vehicle to determine whether each driver is sober or not. Often these checkpoints may be […]

The Different Effects that Drinking Has On Different People

The long-running police reality television show, Cops, often featured people who claimed to have driven after drinking “two beers.”  Invariably, it was “two beers” no matter how inebriated the person appeared to be.  Assuming some of these people had only two beers, the idea that two beers would not intoxicate some people is a faulty […]

DUI Checkpoints Spiking on Holidays

While the concern over driver and passenger safety is always on the mind of South Carolina local police and state troopers, law enforcement officials often step up their efforts on holidays. Police increase their scrutiny over safe driving, particularly DUIs, during holidays due to the high number of people who are traveling on the roads […]

What is Emma’s Law?

South Carolinians may have heard about a law passed in 2014 called “Emma’s Law.”  But, what is it, and how does it impact drivers and potentially drunk drivers in the state? History of the Law The namesake of South Carolina’s Emma’s Law is Emma Longstreet.  Longstreet, a six-year-old girl, was killed by a drunk driver […]

Look Out for Lookback Periods

South Carolina, along with many other states, observes standard lookback periods (also called “washout” periods) for driving under the influence (DUI) convictions when determining penalties for DUI cases. In South Carolina the lookback period is ten years.  That means if you are tried and convicted for a DUI, the state will review your record for […]

What is DUAC?

DUAC is a charge for “driving with unlawful alcohol concentration”. Unlike a DUI charge, which takes into account both a driver’s blood alcohol content and erratic or unsafe driving, a DUAC charge is based solely on the driver’s blood alcohol content (BAC). A DUAC charge may result if an officer stops a driver for some […]