By admin
One of the more heavy handed aspects to the new South Carolina DUI laws is that the state now counts DUIs (or similar convictions) from other states as previous convictions under South Carolina law- as long as they happened within 10 years of the current DUI offense.
Also, under the new South Carolina DUI laws, DUI charges are now determined by a person’s blood alcohol content (BAC). This new provision may seem elementary to others around the country that live in more progressive states that have historical relied on blood alcohol level in determining DUI charges and impose penalties and fines for lesser violations of drunk driving.
With this, the new laws carry higher fines and lengthier jail sentences. In fact judges are now required to impose a mandatory minimum sentence for even first time offenders.
South Carolina law also now requires both first time and subsequent offenders to complete a substance abuse counseling program as part of their sentence.
The program may be an education program, treatment program or combination of both, depending on the individual’s needs. Each DUI offender is required to pay for their own program, which may cost as much as $2500
First DUI Offense
If a person is facing a DUI charge and had a BAC of .08 to .09%, he or she may face up to 30 days in jail or 48 hours of community service. There is also a $400 fine.
For a first DUI offense with a blood alcohol level of .1 to .15%, the offender may face up to 30 days in jail, or 72 hours of community service, and a $500 fine.
If a first DUI offender has a BAC of .16% or higher, he or she will face 30 to 60 days in jail or 30 days of community service. The fine increases to $1000.
Subsequent DUI Offenses
In addition to the following penalties, second and subsequent DUI offenders also may be required to surrender the registration and license plates of any vehicles they own.
A person convicted of their second DUI may be required to spend a minimum of 5 to 30 days in jail, depending on the driver’s BAC. In strengthening DUI penalties, the State’s legislature removed the possibility of substituting community service hours for jail time for subsequent offenders.
Subsequent DUI offenders with a BAC of .08 to .09% will face a mandatory minimum 5 days in jail and may receive up to 1 year in jail. The fine will range between $2100 to $5100.
If the offender has a BAC of .1 to .15% with a subsequent DUI offense, he or she will face a mandatory minimum 30 day jail sentence and may be sentenced up to 2 years in jail. The fine will jump to $2500 to $5500.
With a BAC of .16% or higher, a subsequent DUI offender will be facing a mandatory minimum 90 days in jail and may be sentenced up to 3 years. The fine will increase to in between $3500 and $6500.
Please keep in mind that this list of penalties is for informational purposes only and is by no means all-inclusive. DUI penalties will vary according to the specific situation.
But just this brief glimpse at the many changes to South Carolina DUI laws proves that the state is no longer a refuge for underage drinkers, and those who see a crack in the system allowing for minimum consequences for maximum negligence when it comes to their decision to drink and drive.
Hopefully, this will breed a more responsible era for South Carolina and make the highways and byways safer.
By admin
Since 2005, when New Mexico became the first state to pass a law requiring an ignition interlock device for all people with DUI convictions, 10 other states have enacted DUI laws mandating DUI offenders install ignition interlock devices.
The ignition interlock law campaign is gaining momentum. The federal transportation funding bill that will be discussed by Congress this fall requires every state to mandate DUI offenders install ignition interlock devices. It states don’t pass such a law, the state governments may lose federal highway funding.
An ignition interlock device requires a driver blow into a breathalyzer before the car will start. It will stop the engine from starting if alcohol is detected on the driver’s breath.
Currently, 47 states and Washington D.C. require ignition interlock systems for some offenders. Alabama, South Dakota and Vermont are the only states to not have any such law.
Supporters of the law point out that New Mexico was one perennial national leader in alcohol-related crashes, but when the state launched a campaign and passed an ignition interlock law, there was a 35% drop in DUI deaths.
Today, there are 150,000 vehicles that have ignition interlock systems installed. If every driver with a DUI conviction were required to install the divorce, there would be close to 1 million.
Source: USA Today
By admin
Oklahoma State Rep. Harold Wright believes DUI laws need to get tough to cut down on drunken driving deaths. The Republican lawmakers from Weatherford, Okla. wants zero tolerance laws for DUI.
People enjoying glass of wine at dinner or a bottle of beer after work could wind up in jail.
Oklahoma DUI laws currently have the legal blood alcohol limit for driving at .08%. Police also have the right to detain a driver suspected of DUI, no matter what the blood alcohol level.
The proposed legislation will be studied and discussed this fall.
Source: KOCO.com
By admin
This weekend is one of celebration as friends and family gather to enjoy fireworks, food and fun. Utahans will be celebrating the holiday like many other people, but the citizens of the state have a little more to be joyful over this year.
Forty years ago, the state passed a private club law, requiring people to have a membership to a bar in order to buy alcohol. The membership was designed with help from members of The Church of Jesus Christ of Latter-day Saints to limit alcohol consumption and could cost anywhere between $20 and $40 a year.
Gov. Jon Huntsman Jr. convinced the Utah Legislature to repeal the private club law because it negatively affected tourism, which brings in about $7 billion a year.
Although lawmakers repealed the law, Utah DUI laws were toughened, requiring bars to scanning driver licenses’ of patrons who are under 35 years old and keeping the records for the week.
Senate President Michael Waddoups said the number of DUI arrests or DUI accidents will be monitored to see if the law has a negative affect.
“Obviously my biggest concern is the safety of our citizens, our families, the drivers on the roads,” he told the press, but there are new tools for law enforcement to crack down on DUI, which could leave the state “better off than we were before, so I’m willing to give it a try.”
For now, Utahans are organizing barcrawls in downtown Salt Lake City to celebrate their “newfound freedom.”
By admin
Total DUI just wants to wish everyone a happy and safe 4th of July!
I hope that the weekend weather forecast is shaping up for everyone, and you are all excited about spending a long (for some) weekend away from the office.
The Fourth is about celebrating with family, friends, food, fireworks and maybe a little alcohol – which also means swarms of police. All over the country, newspapers and online dailys are talking about a DUI crackdown this weekend.
In states where DUI checkpoints are legal, police will likely have them set up starting tonight until Monday. Any DUI suspects stopped at these checkpoints will be arrested for drinking and driving.
Many states are planning to have the DUI patrol out in full force. Depending on state DUI laws, if you are arrested and convicted of DUI, you may have fines, jail time, probation or alcohol counseling courses.
Driving under the influence is a serious criminal offense so be careful this weekend. Happy 4th of July!
By Editor
ABC 11 in North Carolina reported that six police officers were arrested on charges related to changing DWI records and charges.
Each of the officers faces multiple felony charges. One officer is facing 65 felong counts!
So what does this mean for your DUI trial?
It means that there may be challenge to the evidence in your DUI case. There are strict procedures that poilce must follow during a DUI stop and during collection of evidence.
If these procedures aren’t followed – accidentally or purposefully – you may be able to challenge your case.
First, know your state’s DUI laws. Then, you may want to ask follow-up questions to a local attorney who can offer advice on the some of your options.
Above all, stay on your toes. You never know who was writing your ticket.
By Editor
Already in the news for his response to President Obama’s first congressional address, Louisiana Gov. Bobby Jindal is making headlines again, this time for his proposed changes to state DUI laws.
Gov. Jindal’s proposal would not only increase the penalties for drivers who refuses a breathalyzer test, but punish them as if they failed the test.
That’s right: A driver could be punished as if he or she were convicted of a DWI without ever being convicted.
Another proposal would also allow written statements from police to be used in court. Currently, the arresting police officer must appear in court to testify. If the officer does not, the charges are often dismissed.
The proposed changes have critics, many of whom question the constitutionality of the proposed law.
Former special prosecutor Julie Tizzard is quoted in a story by WWLTV:
“I likened it to the police officer is coming to my door and knocking on the door and saying I’d like to come in and search your house, and if you don’t let me in, I’m going to charge with you this criminal violation,” said Tizzard. “It’s the same thing.”
The state legislature has yet to officially consider the new DUI penalties.
By Editor
Another day, another state legislature considering an update to their DUI laws. The debate has been ongoing in Kansas of late. Up for discussion:
- Creation of a 21-member DUI commission to monitor laws and suggest changes
- Creation of a centralized DUI records database
- Felony charges after the third DUI
Kansas DUI lawyer Jay Norton says that more tweaks may be a bad idea. And the Kansas Substance Abuse Policy Board agrees. As quoted by the AP, the board says:
The Kansas Substance Abuse Policy Board says the state’s system for punishing drunken drivers is “so complex and so dysfunctional that it is likely impervious to quick fixes.
Any decisions made will be weighed in the face of cutting a state budget that may face a $1 billion deficit.
By Editor
South Carolina DUI convictions now come with stricter penalties. The state’s new DUI law that increases fines and jail time for DUI offenders went into effect on Feb. 10.
Penalties for DUI in South Carolina now increase in severity according to blood alcohol content.
First-Time DUI Penalties
Under the new South Carolina DUI law, a first DUI offense will meana $400 fine and two to 30 days in jail or 48 hours of community service, unless the blood alcohol content is .10% or above.
Drivers with a blood alcohol content of .10 and .15 are now fined $500 and sentenced to three to 30 days behind bars or 72 hours of community service.
If a DUI offender has a blood alcohol content of .16% or higher, they face a $1,000 fine and a jail sentence of 30 to 60 days or 30 days of community service.
Penalties for Second DUI Conviction
The new law calls for repeat DUI offenders to be fined $2,100 to $5,100 and jailed five days to one year for a second offense DUI.
If the offender’s blood alcohol content is .10 to .15, the recommended jail sentence is increased to 30 days to two years. If a person is convicted of a second DUI with a blood alcohol content of .16 or higher, the fine is increased to $3,500 to $6,500 and face 90 days to three years behind bars.
Third DUI Penalties
Drivers convicted of a third DUI now face fines of $3,800 to $6,300 and 60 days to three years behind bars. If the offender’s blood alcohol content is .10 to .15% the fines are increased to $5,000 to $7,500 and a jail sentence of 90 days to four years is recommended.
Fines of $7,500 to $10,000 and jail sentences of six months to five years in jail are recommended for third-time DUI offenders with a blood alcohol content of .16 or higher.
Also under the new law, any driver suspected of DUI who refuses a breath test automatically has their driver’s license suspended.
South Carolina’s DUI laws had long been criticized as too lenient and a reported 43.4 percent of traffic fatalities in the state in 2007 were alcohol-related. In 2008, approximately half of all traffic fatalities in the state were alcohol-related.
The law hasn’t been in effect long enough to test its effectiveness yet. However, already newspapers and law enforcement groups were applauding the new laws.
Rapidly changing laws are just another reason to consult a DUI attorney. They will have knowledge of the any changes to the state laws, and how these changes might affect your DUI case.
By Editor
State DUI laws across the country continue to change at a rapid pace. In the past few weeks, many new laws rolled into effect, while other states began discussing revising their current DUI laws. A quick rundown:
West Virginia: State officials are reviewing the data to test the effectiveness of new DUI laws that went into effect six months ago.
The DMV commissioner reports that the usage of ignition interlock devices is up 30 percent, already. The new law was designed to increase usage of ignition interlocks in more DUI cases as part of efforts to lower jail costs and discourage repeat DUI offenders.
Maryland: In late January, Gov. Martin O’Malley announced plans to push for the creation of more than 20 new state laws. His list included a DUI bill based on recommendations from a state DUI task force.
The changes would include a mandatory one-year driver’s license suspension for second and subsequent alcohol or drug related convictions during a five-year period.
South Carolina: New graduated DUI punishments go into effect on Tuesday, Feb. 10. A first DUI with a BAC between .10 and .15 will face $500 fines and 3-30 days in jail.
A BAC above .16 will get a driver $1,000 and 30-60 days. Penalties increase exponentially for a second and third offense.
By Editor
The new year is barely a month old, and already states across the union are already considering tightening their existing DUI laws. Some of these bills are moving so fast that the news is having a hard time keeping up.
In a flurry of DUI news, Oklahoma, Mississippi, New Jersey and Wyoming are all considering new DUI rules.
The state legislatures in Wyoming, New Jersey and Mississippi are considering ignition interlock devices for a first DUI offense.
In Wyoming, the devices would be mandatory for first-time offenders with a BAC above. 15. The laws being considered in New Jersey and Mississippi are similar. Both states currently require ignitinon interlock devices for for offenders with multiple DUIs, and the new laws would require them for all first-time offenders.
Oklahoma is considering mandatory vehicle forfeiture for felony DUI convictions.
Utah is the rare state in which legislators are debating loosening alcohol regulations. Although DUI regulations would remain as-is, Utah’s “quirky” alcohol rules – such as you must be a “member” of a pub to enter – may be changed to accommodate more tourist-friendly businesses.
We will keep you posted if any of these bills becomes official state law.
By Editor
Group to Push for Changes in Wisconsin DUI Laws
The Wisconsin law is in stark contrast to other states, where parents can be criminally charged for supplying minors with alcohol.
The New York Times recently highlighted that in Wisconsin, kids can drink legally. Children that are accompanied by a parent or legal guardian, who gives consent, can be served alcohol in bars and restaurants in the state.
Unfortunately, Wisconsin also stands out as the state where more people drink and drive than anywhere else in the country. The National Survey on Drug Use and Health reports that the state has the highest incidence of DUI-related (OWI-related) deaths in the United States.
A campaign for tougher DUI laws was recently launched by a coalition called All-Wisconsin Alcohol Risk Education. The group also wishes to promote a greater general awareness of drinking problems and will push for increased screening for alcohol abuse at health clinics.
View the full article
By Editor
After four-year-old Jon Port’s death in 1991, a grass-roots movement began to get stricter DUI laws passed in Wisconsin.
Finally in 1999, a law was passed that made a fifth offense of drinking and driving a felony. The Wisconsin government hoped this new law would keep repeat offenders of DUIs off the road.
However, the Journal Sentinel completed an analysis that found that less than half the people sentenced for a felony DUI in Milwaukee County go to prison.
The survey looked at all criminal convictions for people convicted of five DUI offenses. There were 161 fifth offense cases from 1999 to 2006.
According to the report, only 70 defendants went to prison, while most got their sentence reduced by completing boot camps, treatment programs or petitioning the judge. The survey also found that about 25% of the people with fifth-offense convictions have already re-offended at least once.
By Editor
Arizona governor Janet Napolitano signed into effect another new chapter in what is becoming one of the country’s toughest set of DUI laws.
State legislators passed a bill that would increase penalties for first DUI offenders convicted of “extreme DUI,” or a DUI with a blood alcohol concentration of 0.15% or higher (roughly double the legal limit of 0.08%).
Now, “extreme” DUI offenders would serve a full 30 days in jail, an increase from the current 10-day minimum.
By Editor
North Carolina DUI defense attorneys say they expect North Carolina’s new, tougher DUI laws to be challenged in court.
While New Mexico leads the way, many states are enacting tougher DUI laws, some of which may run afoul of our constitutional protections. North Carolina’s new laws took effect on December 1, 2006.
DUI defense lawyer, Griff Anderson, a former district attorney, said “It’s clear to me that the group that got together to draft this legislation was intent on removing all the defenses attorneys have used to defend drinking drivers. In doing so, I think they have run afoul of some constitutional protections in the courts. We will find out in the next year or so.”
In North Carolina, unlike most states, DUI cases are tried to a judge rather than a jury. The new laws enhance the admissibility of breath tests (Intoxilizer) and road-side sobriety tests.
Anderson says most Intoxilizer devices in the state are old, out of date, and unreliable. He also complains that the road side sobriety tests rely on a officer’s assessment of the driver’s performance in those tests.
Of course, as a DUI defense attorney, Anderson asserts that no law in North Carolina prohibits a person from drinking and then driving. “We draw the line at a level,” he said.