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DWI in South Carolina - Will I Ever Drive Again?

Posted on Feb 05, 2010

Being involved in a DWI in South Carolina can lead to dangerous accidents. When arrested, you need to take the charges serious as a DWI in your driving record can have long lasting consequences. As the South Carolina DWI laws are quite complicated, getting out of one is quite difficult. A South Carolina DWI attorney can help reduce your penalties as he is competent in the field of DWI laws of South Carolina.

Hiring an experienced South Carolina DWI Defense Attorney

When charged with a South Carolina DWI offense, you need to find out about the options you have to get out of the mess. One of the best options that you have is to do some research and hire a capable DWI Defense Attorney. The next thing you need to do is to collect all the necessary information required for the case like:

  • Your complete criminal history, if any, including prior DWI convictions
  • Probation you have received from earlier DWI charges along with the necessary documents which indicate that you have been abiding by the rules and conditions of the probation
  • Your driving history which is available on the driver record abstract from the South Carolina DMV
  • Your employment and family history

A DWI in South Carolina results in two legal actions. The first is the criminal court case with penalties like jail time, fines, probation and license suspension. The second is through the Department of Motor Vehicles of South Carolina, an administrative procedure where your driving license will automatically be suspended. To avoid this you need have a capable DWI attorney by your side to handle your case effectively and to request a hearing so your license is restored.

How a South Carolina DWI Defense Attorney can help?

Finding a reliable and experienced South Carolina DWI defense attorney is quite challenging. You need to collect the following credibility information:

  • Adequate experience and a record of fighting and winning DWI cases successfully
  • The lawyer is able to spend enough time on your case by listening to you and answering your questions
  • Ensure they are aware of the various laws and penalties involved in different forms of DWI in the area

With the help of an experienced DWI defense attorney, you can either get your case dismissed or avoid a guilty verdict. You can put forth your facts and might get reduction in penalties. There are many South Carolina DWI defense attorneys who offer free legal consultation so you get an idea of how to take the case forward.

Getting your driving privilege back after a DWI

Though the first offense carries lighter consequences like a possible jail sentence plus a six-month license suspension, it can still affect your ability to drive. In order to get a restricted license to drive to work, you must enrol in an Alcohol and Drug Safety Action Program with the assistance of an attorney. To get your license reinstated after your suspension period, you need to also purchase special SR-22 insurance for three years at a cost of $3,000 to $4,000 per year. When convicted for DWI, it can affect your employment, scholarships, athletic eligibility and other facets of your life. The consequences are even more severe for subsequent offenses.

When arrested for DWI conviction, your license will be suspended. You can get your driving privilege back if you request an administrative hearing within 30 days of your arrest. If you win the case, your license is restored. Whereas if you lose it, you can still get a restricted license.

 
 

Alcohol, DWI Laws, Drinking LawNo Comments »



Binge Drinking in Arkansas: DWI Laws for Minors

Posted on Jan 29, 2010

Binge drinking is when you consume five or more drinks on a single occasion. The alcohol consumed is approximately the quantity required to increase the BAC or blood alcohol concentration which is considered to exceed the legal limit to be charged for DWI. Binge drinking can make you impaired and unable to operate a vehicle. It leads to becoming intoxicated due to heavy consumption of alcohol over a short period of time.

Binge drinking in Arkansas is gaining popularity among underage persons and the statistics indicate that in 2000, almost one in five underage persons aged 12 to 20 was a binge drinker with consumption of about five to more drinks on a particular occasion. This rate of binge drinking among underage persons was almost as high as that consumed by adults of 21 years or more.

Effects of binge drinking amount minors in Arkansas

Under Arkansas law, if you are a driver under 21, you are considered legally drunk if your blood alcohol level is 0.02 or more. The Arkansas underage DWI law is applicable to drivers under 21. If it is found that you are below 21 and your blood alcohol concentration level is between .04 and .08, you will be prosecuted under the Arkansas DWI statute which is applicable for persons 21 and over. If you are prosecuted under the underage DWI statutes due to your binge driving, you will face strict charges and the penalties are as follows:

Binge Drinking in Minors
  • If you are a first offender, you will be charged with a fine with the amount ranging between $100 and $500. Along with this, you also need to perform public service work as ordered by a judge. Your license will also be suspended for a period of 90 days.
  • If you are second offender, the DWI penalties are more severe and your fine will range between $200 and $1,000. You will have to perform community service work for at least 30 days. The license is suspended for about a year.
  • Likewise, the third or subsequent offense is considered to be felony with fine between $500 and $2,000. You must also perform community service work for at least 60 days. Your license will be revoked until you reach age 21 or for three years, whichever period is longer.
  • If you are an underage driver and your license is suspended as a result of an underage DWI you need to complete an alcohol and driving education program specifically developed for underage drivers, an alcoholism treatment program or both.

Arkansas DWI Attorney

According to Arkansas DWI law, if you are suspected to be operating a vehicle while violating the DWI statute after binge drinking and you are a minor, the state initiates two types of legal actions: criminal action and administrative action. Both the legal actions will lead to suspension of your driving privilege and other additional penalties along with it. The Arkansas attorney can prepare your case effectively to defend you based on the evidence he will collect for you and put forth in the court so that your case will be better and your penalties will be reduced or completely removed.

 
 

DWI Laws, Drinking Law1 Comment »



Can I be charged for drinking in public?

Posted on Oct 08, 2009

Yes you can be charged if drunk in public. When facing such situation, make sure that you take the help of your lawyer immediately. Do not hide anything from your lawyer. Give your lawyer every detail possible so that your lawyer can prepare your case in a much better way. During court proceeding, this is extremely important because lack of evidences can have a negative impact on your case.

Drinking Publicly

Complexities for Drinking Publicly

In comparison to other kinds of alcohol-related offenses, there are lots of complexities associated with the drunk in public arrests. When arrested for public intoxication, you need to take the services of experienced lawyers who have expertise in handling drunk in public cases.

The meaning of term drunk in public is quite confusing. Remember the point that you cannot be arrested just for drinking alcohol in a public place. According to US laws, it is the responsibility of law enforcement officials to evaluate that you are intoxicated to the limit that you can cause significant damage either to yourself or to another individuals. Just walking to your house at midnight after drinking at the party is not a criterion of being arrested for drunk in public. You can be booked for public intoxication when you create a scene on the road or scream at other people in a public place.

Blood Alcohol Tests

There is a wrong notion among certain individuals that law enforcement officials can only arrest them for drunk in public when they fail a blood alcohol test or breathalyzer test. Fact of the matter is that if law enforcement officials feel that you are under the influence of narcotics then they are given a legal right by the US government to arrest you under drunk in public without implementing any kind of tests. If you are obstructing public property, there is a strong possibility that you may be booked for drunk in public.

Punishment for being drunk in public

When charged for drunk in public, you can be jailed for a period of six months. Financial penalties can also be imposed on you. To get bail, it is quite important that your lawyer present your dwi defense in an effective manner. If the evidences are against you, it is advisable that you accept your mistake in front of judge. By doing this, you increase your chances of getting some leeway during court proceeding.

Individuals booked under drunk in public needs to be extra careful because if they kept on committing same mistakes, it can have a negative impact on their overall life. To start with, you are going to face plenty of problems in getting a job as employers these days conduct background check of applicant first before offering job. Therefore, if you have criminal record, your job application is going to be rejected. Because of your public intoxication conviction, you are going to face serious issues regarding housing and education.

 
 

Alcohol Abuse, Drinking LawNo Comments »



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