DUI and Drug Charges

Laws dealing with drinking and driving vary from one State to another.

Many people believe they are violating State law against “Driving Under the Influence,” or DUI, if they drink any amount of alcohol and then drive. That’s not true. In South Carolina, it is not illegal, in and of itself, to take a drink and then drive.

Our DUI law makes it illegal to drive after consuming alcohol (or other substance) only to the extent that their ability to drive is “materially and appreciably impaired.”

South Carolina DUI law, S.C. Code 56-5-2930. et seq., as amended, requires a finding beyond a reasonable doubt that the driver’s ability to drive was “materially and appreciably impaired.”

Thus, to prove a driver is guilty of DUI, the prosecutor must prove a jury to find unanimously and beyond a reasonable doubt that alcohol, or some other substance, “materially and appreciably impaired”

if the jury or the judge finds that the person was driving and person from driving a motor vehicle while under the influence of alcohol to the extent that the person’s faculties to drive are materially and appreciably impaired. Section (A) of the DUI law states:

SECTION 56-5-2930. Operating motor vehicle while under influence of alcohol or drugs; penalties; enrollment in Alcohol and Drug Safety Action Program; prosecution.
(A) It is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired, under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired, or under the combined influence of alcohol and any other drug or drugs or substances which cause impairment to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired. A person who violates the provisions of this section is guilty of the offense of driving under the influence and, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished as follows:

Never give a statement to the police. Again: never give a statement to the police. Know your rights. In situations such as DUI charges, this can make the difference between conviction. You have the right to an attorney, and you should use that right. You have the right to remain silent and wait until you have a lawyer attorney present. You have the right to refuse tests such as breath, blood and field sobriety testing. Contact Michael D. McMullen immediately. Those first few hours are critical, and he can help you discover the breadth of benefit written in your constitutional protections. The deadlines involved in DUI cases are crucial, so do not wait. Get the representation you need now, and have an experienced attorney help design a strategy for your case.

With the University of South Carolina here in Columbia, the city is full of students, and law enforcement seems to target them more than they protect them. If your child or loved one has been arrested and taken to the Alvin S. Glenn detention center, don’t hesitate. Call now. Your investment in the future of your son or daughter warrants immediate action. Sadly, the police prioritize underage drinking prosecutions, where they can generate funds for their departments, while the real crimes go under-prosecuted or un-prosecuted.

The student who is arrested simply for being and acting like a kid at college has so much at stake and the police know that. When the police target them, they should seek a passionate, motivated, caring attorney to ensure their future is not forever tarnished simply because they got caught doing what college kids do. Call Michael D. McMullen to protect your investment and their record.