Lexington DUI Blog

How to Avoid Getting Arrested for DUI in South Carolina

One of the most common questions put to us outside of the office is how to avoid getting arrested for DUI. You may think the easy answer is to just not drink and drive. But we’ve seen over and ...
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Why Didn't The Officer Also Charge You With...

It happens to a lot of my DUI clients. They are pulled over by the police for some sort of traffic violation. Usually it’s something like speeding or not using a turn signal. The officer then ...
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Can You Refuse a Field Sobriety Test in South Carolina?

Under South Carolina law, field sobriety tests or FST’s, are optional for drivers to take. In fact, under S.C. Code § 56-5-2953 specifically states that refusing these tests does not ...
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Will your DUI charge be dismissed if the officer doesn't show up for court?

There are many recurring myths on how to best beat a South Carolina DUI charge. One common one is that police officer’s don’t usually go to court, resulting in an automatic dismissal. ...
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Do you have a right to take a blood test?

Almost everyone who is arrested for DUI is taken to the police station for a breathalyzer test. A lot of people wonder though if they have a right to go to the hospital or other medical facility to ...
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Does South Carolina Have a Wet Reckless Law?

In many states drunk driving charges can be reduced to a wet reckless. You may be wondering if this plea bargain is available in South Carolina. A wet reckless law serves as a major traffic violation, ...
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How do the police know if they should arrest someone for DUI?

In South Carolina our DUI law makes it illegal to drive while impaired. Breathalyzer or other tests for alcohol or drugs aren’t available to police until after they have decided to make an ...
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Mouthwash DUI Cases

Did you know that many regularly available mouthwashes contain a high quantity of ethanol alcohol? Ethanol alcohol is the same type of alcohol contained in beer, wine, or liquor. It is also called ...
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Defending an Ambien DUI

South Carolina’s DUI law allows for cases to be brought on the basis of alcohol, drugs, or combination. The only requirement is that a driver be “materially and appreciably ...
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What If Your Miranda Rights Weren’t Read?

If you were not advised or Miranda rights while being arrested for a South Carolina DUI, this can be grounds to have your case dismissed. Pursuant to S. C. Code § 56-5-2953(A)(1)(a)(iii), the ...
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Are they just going to offer you a reckless?

If you’ve been charged with DUI you probably are very interested in whether or not you will be offered a plea to a reduced charge. Probably the most commonly used reduction for a South Carolina ...
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Lawyers Complete ARIDE Training

We are pleased to announce that lawyers Vicki Koutsogiannis and James R. Snell, Jr., have recently completed a course of training based on the Advanced Roadside Impaired Driving Enforcement (ARIDE) ...
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Five Things You Might Not Know About DUI Law

You already know that DUI is a really serious criminal offenses. There are billboards all over Columbia and Lexington telling you that its “Sober or Slammer”, “Buzzed Driving is ...
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Recent Lexington County DUI Checkpoints & Advertising Blitz

This is the time of year when local law enforcement agencies ramp up their enforcement of DUI and other traffic laws. In Lexington, the "official" Highway Patrol kickoff for the holiday ...
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Defending an Arrest from a DUI Enforcement Checkpoint

We consider the Supreme Court’s granting of a right for local police to create license checkpoints to amount to an exception to the fourth amendment. Regardless of our views (and the views of ...
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Can You Be Charged with DUI Based on Another Motorists *HP Call?

A common pre-cursor to a DUI arrest is that another motorist called in our client’s vehicle alleging that they thought it was a possible drunk driver. We are frequently asked whether or not this ...
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How do I know if I passed field sobriety tests?

A common thing we hear from clients is that they think they either passed, or failed the field sobriety tests. Problem is, for most it is impossible for them to know one way or the other. Police ...
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Review of Breath Test Results for Lake Murray BUI Cases

We’ve previously reviewed Datamasster test results from the Lexington County Sheriff’s Department. This article now reviews Datamaster results from Bundrick Island, which is where ...
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Insurance Settlement No Longer Protection Against Restitution

The South Carolina Court of Appeals issued a recent decision holding that settlement of a civil claim isn’t necessarily enough to protect against a criminal court ordering restitution. This ...
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Can you get a DUI after taking your prescriptions?

Many people believe that if they are taking medication prescribed by their doctor that this is some sort of defense against a DUI charge. Unfortunately, this is not true and in fact it is the exact ...
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July 4th Weekend DUI Arrests

As with any holiday weekend, police will have extra patrols looking to increase the number of DUI arrests. These extra patrols, combined with the advertising campaigns such as “Sober or ...
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2016 Lexington County Datamaster Results

I have completed an analysis of all published breathalyzer repots coming from the Lexington County Detention Center from January 1, 2016, through April 20, 2016. As a DUI defense attorney I think it ...
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How can video be used to challenge your DUI case?

One of the first things that we do when we take on a new DUI case is to request copies of the video evidence produced by the police department. S.C. Code § 56-5-2953 requires that the police make ...
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What are the first things that anyone arrested for DUI needs to do?

The first think you need to do is make sure you understand both deadlines that initially apply to your case. Many DUI charges are actually two separate cases, and when a deadline is missed in either ...
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Who is charged with DUI? Are they all guilty?

There are two things that I can say with definite certainty about DUI defense law: There is no “type” of person who is more or less likely to be charged with DUI. Many people who are ...
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