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Posts tagged "Drunk Driving"

South Carolina's strange DUI loophole for mopeds

Most people assume that operating any motorized vehicle while drunk can land you in jail. However, that isn't currently the case in South Carolina. A surprising loophole in the law specifically excludes mopeds from the definition of DUI. Put simply, you can't get a DUI conviction for driving a moped while intoxicated.

The risks of driving while drugged

Driving while under the influence of drugs brings to mind a scary boogeyman or reckless college student. However, the reality is far blander. The decriminalization and legalization of formerly illegal substances have led to a rise in drugged driving arrests. There is no uniform reporting and assessment system, so it is difficult to track the trends; each state is utilizing its own strategy to tackle the problem. This article will go over the risks of drugged driving and how you may break the law without even realizing it.

Drivers underage 21 subject to zero-tolerance drinking laws

Young people are subject to a different set of rules when it comes to the consumption of alcoholic beverages. Put simply, you cannot legally drink until you are 21 years old. As such, the legal limit for blood alcohol content is lower for underage drinkers than it is for adults. Every state and the District of Columbia have enacted "zero-tolerance" laws, which basically means that any underage driver caught with a BAC above 0.00 percent is subject to a DUI charge.

The consequences of a DUI charge

A driving while under the influence charge involves the operation of a vehicle while you are under the influence of alcohol, drugs or some other substance that impairs reaction time or judgment. A person who is convicted of a DUI charge most likely faces some sort of criminal punishment including and up to time in jail.

What is Emma's Law?

Charges of driving under the influence have always been serious business in South Carolina. On Oct. 1, 2014, Gov. Nikki Haley signed new legislation into law that considerably strengthened the penalties for drunk drivers. This legislation, known as Emma's Law, is named for a girl who died in an accident involving a repeat DUI offender. Now penalties for drunk driving in South Carolina are stiffer than ever.

How common are DUI arrests?

Throughout South Carolina, countless individuals have been charged with drunk driving at one time or another. Some have escaped conviction, whereas others were not that fortunate. In either case, the preceding process is much the same. Officers attempt to determine your blood alcohol concentration and find out whether it is in excess of the legal limit.

An excessive BAC may be it all takes to be charged

You may know your limits, but if they are above the legal level of 0.08 percent, you could still get into trouble, no matter how confident you are behind the wheel. A single mistake on the part of any road user can result in an accident. However, if you are involved in that accident and also found to be over the limit, you could face serious consequences even if you did not cause the crash.

What elements are involved in a drunk driving charge?

Most drivers in South Carolina know that being charged with a drunk driving offense can be highly problematic and could lead to serious consequences. Even if no one is hurt in the incident, you may still be charged if your blood alcohol concentration is found to be over the state's legal limit of 0.08 percent.

Officers may be mistaken about who was driving during a DUI

When accidents occur in South Carolina they can often be traumatic for all concerned, especially if someone was injured in the incident. Suddenly you find yourself having to exchange details with other drivers, speak to medical staff and try to explain the situation to attending officers. The shock of the crash may leave you confused and apprehensive, so it is understandable that miscommunication can occur during this process.

Be aware of implied consent laws

Something many drivers in South Carolina are unaware of is the fact that holding a driver's license means you are bound by certain laws. This legislation, often termed as "implied consent," means that you consent to any chemical or field sobriety tests required to determine whether your driving has been impaired by drugs or alcohol.

Awards & Accolades Over my career, I have earned a number of honors reflecting my professionalism and commitment to my clients. These awards include:
  • 10 best 2016 client satisfaction American institute of personal injury attorneys | Ryan L. Beasley Has Been Nominated and Accepted as a 2016 AIOPIA’S 10 Best in South Carolina For Client Satisfaction
  • 10 best 2016 client satisfaction American institute of criminal law attorneys | Ryan L. Beasley Has Been Nominated and Accepted as a 2016 AIOCLA’S 10 Best in South Carolina For Client Satisfaction
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  • legal elite of the upstate 2013-2015
  • nationally ranked superior dui attorney by the nafdd 2013

    Recognized as one of the top 75 DUI Attorneys in South Carolina by the National Advocacy for DUI Defense, LLC (NAFDD) 2013

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  • greenville business magazine 2015 legal elite of the upstate greenville's top attorneys
    • member of the national trial lawyers top 100 trial lawyers
    • For Ethical Standards & Legal Ability AV Preeminent Martindale-Hubbell From Lexis Nexis
  • client distinction award
  • Top Young Attorneys 2014 Rising stars selected by peer recognition and professional Achievement
  • national academy of criminal defense attorneys