South Carolina DUI and DWI Legal Questions

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19 legal questions have been posted about dui/dwi by real users in South Carolina. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include criminal law, theft, and weapons charges. All topics and other states can be accessed in the dropdowns below.
South Carolina DUI and DWI Questions & Legal Answers
Do you have any South Carolina DUI and DWI questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 19 previously answered South Carolina DUI and DWI questions.

Recent Legal Answers

Who is the best DUI lawyer in Mount Pleasant SC ?

Answered 8 years and 10 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
This is not a site for lawyer referrals.  The best lawyer is the one who most thoroughly investigates the evidence in your case and prepares for your trial thoroughly. This answer neither constitutes legal advice nor creates a lawyer/client relationship Dr. Michael G. Sribnick, Esq. criminal defense attorney with offices in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read More
This is not a site for lawyer referrals.  The best lawyer is the one who most thoroughly investigates the evidence in your case and prepares for... Read More

Is it illegal/wrong to not disclose a pending DUI to a possible employer?

Answered 8 years and 11 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You would be well advised not to give misinformation on an application.  Rest assured that this charge is already probably on your  driving record.  Instead, hire a DUI attorney. Dr. Michael G. Sribnick, Esq. criminal defence including DUI/DWI in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read More
You would be well advised not to give misinformation on an application.  Rest assured that this charge is already probably on your  driving... Read More

can i sue a judge & the county for discrimation in a court & unfair treatment?

Answered 10 years and 6 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: DUI/DWI
Have a look at the SC Tort Claim Act. Depending on the circumstances, you may be able to bring a 1983 action in federal court.
Have a look at the SC Tort Claim Act. Depending on the circumstances, you may be able to bring a 1983 action in federal court.

What happens when you get a D.U.I in a state you do not reside in?

Answered 10 years and 6 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: DUI/DWI
For purposes of your SC driver's license, the offense will carry over to SC if you are convicted. In other words, it's about the same as getting a DUI in SC.
For purposes of your SC driver's license, the offense will carry over to SC if you are convicted. In other words, it's about the same as getting a... Read More

I have been asking my lawyers secretary to call me and she has not returned my call, What should l do?

Answered 10 years and 8 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
I do not speak for other lawyers or their secretaries.  I am a board certified internist and S.C. attorney.  Your first concern should be your health, and your second is to call a lawyer who will not simply settle, but take the case to court on your behalf if your damages exceed an amount for which the insurance company is willing to settle. Regards, I am Dr. Michael G. Sribnick, Esq. www.michaelsribnicklaw.com... Read More
I do not speak for other lawyers or their secretaries.  I am a board certified internist and S.C. attorney.  Your first concern should be... Read More

Do I need Sc lawyer of Fla?

Answered 11 years and a month ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: DUI/DWI
If you petition the state of SC, you would need a SC lawyer.
If you petition the state of SC, you would need a SC lawyer.

How to get a public defender

Answered 11 years and a month ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: DUI/DWI
See the clerk of court to apply. Bear in mind the guidelines to qualify for a PD are significantly more stringent that simply the inability to afford an attorney. In other words, you will not automatically be appointed a PD just because you apply. If you don't apply, try finding a pro-bono legal service to help out.... Read More
See the clerk of court to apply. Bear in mind the guidelines to qualify for a PD are significantly more stringent that simply the inability to afford... Read More
You can inform the court of your opinion just before trial. However, it is unlikely that at this late date they will permit a continuance of trial for you to locate another attorney, which means you may have to represent yourself. You can bring this up with your public defender.
You can inform the court of your opinion just before trial. However, it is unlikely that at this late date they will permit a continuance of trial... Read More

Felony DUI

Answered 12 years and 2 months ago by James Courtney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
I am assuming that you have been charged, but have not yet gone to trial, since you reference your court date.  The answer to that is to look at your bond conditions.  It should tell you what you may and may not do.  You should also call your bondsman to ask if they have any restrictions as well.  You must always be able to be found by the bondsman and the court, and must abide by all conditions of your bond.  Usually, that means you have to stay put until the court case is over.  Your lawyer could give you some direction on this as well.... Read More
I am assuming that you have been charged, but have not yet gone to trial, since you reference your court date.  The answer to that is to look at... Read More

If I fail the Field Sobriety, but pass the breathalizer (.06)what should I plea?

Answered 12 years and 3 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Talk to a local lawyer or get a PD, in SC. In PA you cannot be prosecuted under .08 unless you are a minor. Field Sobriety Tests are designed to flunk even sober people and standing alone, would not get you convicted in PA
Talk to a local lawyer or get a PD, in SC. In PA you cannot be prosecuted under .08 unless you are a minor. Field Sobriety Tests are designed to... Read More

What should I do next if I was brought to the hospital instead of jail for a DWI charge?

Answered 12 years and 9 months ago by William W Housley (Unclaimed Profile)   |   9 Answers   |  Legal Topics: DUI/DWI
You are in need of an aggressive DUI attorney.
You are in need of an aggressive DUI attorney.

Can my son be charged with DUI after consuming hand sanitizer while driving?

Answered 12 years and 9 months ago by attorney Patrick Owen Earl   |   10 Answers   |  Legal Topics: DUI/DWI
Any alcohol or drug works for DUI but it has to be in the system and show up on a BAC reading or Blood test.
Any alcohol or drug works for DUI but it has to be in the system and show up on a BAC reading or Blood test.

Can my case be dismissed if I failed the pen test since I was looking directly at the car's flashing lights?

Answered 12 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   6 Answers   |  Legal Topics: DUI/DWI
You need to hire a DUI specialist pal.
You need to hire a DUI specialist pal.

Does the state of SC have a valid case?

Answered 12 years and 11 months ago by James Kristian Falk (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You are correct that the state would have to prove that you were operating your vehicle, not merely outside your vehicle. Additionally, there would be another issue of proof as to when you were last operating your vehicle. For example, you could have stopped your car, gotten out and then started drinking.... Read More
You are correct that the state would have to prove that you were operating your vehicle, not merely outside your vehicle. Additionally, there would... Read More

Can I challenge the results of my breathalyzer test?

Answered 13 years and 3 months ago by William C. Gosnell (Unclaimed Profile)   |   11 Answers   |  Legal Topics: DUI/DWI
You can fight this result. Hire a criminal defense lawyer and task him with finding an expert.
You can fight this result. Hire a criminal defense lawyer and task him with finding an expert.

Is there a chance this ticket/charge can be thrown out during court?

Answered 13 years and 5 months ago by Michael J. Nichols (Unclaimed Profile)   |   10 Answers   |  Legal Topics: DUI/DWI
Yes and the chances increase dramatically with qualified counsel
Yes and the chances increase dramatically with qualified counsel

Can I get a work provisional license if license has been suspended?

Answered 13 years and 5 months ago by Mr. Richard David Peacock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
In SC, you most likely will need to get the requirements for that provisional license completed (SCDMV can tell you what is required for your situation). You could also consult with a local attorney for assistance with this process. It would be wise to consult with a local attorney as soon as possible regarding this matter.... Read More
In SC, you most likely will need to get the requirements for that provisional license completed (SCDMV can tell you what is required for your... Read More