Cleary Law LLC

An Overview Of DUI


DRIVING UNDER THE INFLUENCE
What You Need To Know!

Definition Of DUI In South Carolina:

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.

SC Code of Laws Section 56-5-2930

It Is Not Against The Law To Have A Drink And Drive.

No matter what you have been told, “buzzed driving” is not necessarily drunk driving.

In order to be found guilty of DUI in South Carolina, the State must prove beyond a reasonable doubt that:

  • You were driving a motor vehicle within this State
  • While under the influence of alcohol or drugs (including legally prescribed drugs)
  • To the extent that your faculties to drive a motor vehicle
  • Were materially and appreciably impaired.

Ellen Cleary Is An Experienced DUI Attorney.

If you have been charged with DUI (driving under the influence) in South Carolina, you must hire a lawyer who has experience in this very complicated area of the criminal law.

Attorney Cleary is a member of the National College of DUI Defense, Inc. and has experience challenging the many legal issues that arise with DUI cases. She will determine whether your charge can be reduced, or even dismissed before trial. If not, she is ready to fight your case at trial.

Do Not Try To Represent Yourself.

A DUI conviction can have serious consequences. For a first offense, there are court costs, possible jail time, and license suspension. Most importantly, a DUI conviction cannot be expunged (removed) from your record and could negatively impact your ability to seek employment, promotion, or educational opportunities. There is a lot at risk!

Subsequent convictions for DUI or DUAC (Driving for an Unlawful Alcohol Concentration) result in much harsher penalties.

No matter what advice you may have received from friends or your arresting officer, call today for a free consultation. You have nothing to lose and a lot to gain.

If your license was suspended when you were arrested, call IMMEDIATELY to see if we can get you driving again this week!

If you refused to take the breathalyzer test or if you blew a .15 or greater, you were probably given a notice that your license was suspended. You must request an administrative hearing within 30 days to get a temporary license, enabling you to get your license back while your case is challenged.

To Blow Of Not To Blow?

I advise my clients not to take the breathalyzer test (or any other tests), for several reasons:

  1. Once you are taken to the police station or jailhouse to have the test administered, the officer has already arrested you for DUI. He is not going to”unarrest” you no matter what the machine says your alcohol level is.
  2. The machine is unreliable and is affected by numerous factors other than alcohol content.
  3. You should not be providing evidence against yourself. The burden of proving that you are “materially and appreciably” impaired is on the government. It’s not your job to provide any evidence (like test results) that they will use to get a conviction.

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