Arresting Officer: How much have you had to drink tonight?

Have you been arrested on suspicion of a DUI? You are not alone, reports show that in 2010, over 1.41 million drivers were arrested for driving under the influence of alcohol or drugs. Due to the growing trend of DUI arrests, law enforcement and Courts alike are cracking down on drunk driving. Unfortunately, the pressure to make DUI arrests has resulted in some innocent people facing DUI charges. Even if you were drinking and driving, there are mitigating factors, which could result in the DUI charges against you being lessened or dropped altogether.

DUI laws make it unlawful for a person to drive a motor vehicle if the driver’s ability to safely drive has been impaired by the effects of drugs or alcohol or the driver is intoxicated at a level above the established BAC (blood alcohol concentration). In South Carolina, if you are 21 or older, it is against the law to drive with a BAC above .08%. Simply being in an accident can give law enforcement reasonable suspicion to investigate the accident further. The investigation may take form in temporarily detaining the motorists involved in the accident. At that time, law enforcement officers may question the drivers and passengers about whether any drinking has been involved. If the investigating officer then believes the driver has been drinking, the officer has probable cause to arrest the driver. The following link gives an example of two drunk driving cases: http://dui.findlaw.com/dui-charges/the-tale-of-two-drunk-driving-cases.html.

A DUI conviction may carry criminal penalties including fines, jail time, probation, and community service. In addition to the listed criminal penalties, your license could be immediately suspended. A person convicted of a DUI or a DUAC will be required to get SR-22 insurance (which can be expensive) and be required to complete ADSAP (Alcohol and Drug Safety Action Program) before a license will be reissued.  The nature of the DUI charges against you depends on many factors including your prior convictions, the severity of the offense, and the level of intoxication and whether the offense caused injury or death. A felony DUI is typically imposed when there has been great bodily injury or death to another. A felony DUI can result in extensive jail time and hefty fines as well as license suspension or revocation.

Give yourself the best chance at fighting your DUI by contacting attorney Daniel Selwa today. Daniel Selwa has the skills and experience that will allow him to thoroughly defend your case.

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Categories: DUI | Tags: , | 2 Comments

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2 thoughts on “Arresting Officer: How much have you had to drink tonight?

  1. Pingback: The Legal Process of DUIs « Welcome to Our Blog

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