Refusing an official breath test after a qualifying DUI arrest in South Carolina generally causes an immediate driver’s license suspension. A first refusal carries a six-month suspension when you have no qualifying prior offenses. You have 30 days from the issuance of your suspension notice to request an administrative hearing. You may qualify for a […]
Category Archives: DUI
Yes, police can investigate and arrest someone for DUI after finding that person asleep in a vehicle in South Carolina. Sleeping in a parked car does not automatically prove DUI, though. Under South Carolina law, the State must prove that you drove a motor vehicle while your ability to drive was materially and appreciably impaired […]
Yes. A DUI charge can sometimes be resolved as reckless driving in South Carolina, but the result is not automatic. No attorney can promise that a prosecutor will agree to a different charge. South Carolina treats DUI and reckless driving as separate offenses. Whether a DUI case can be resolved as reckless driving may depend […]
Yes. You can be arrested and charged with DUI in South Carolina even when an officer did not personally see your vehicle moving. A conviction still requires the State to prove that you drove a motor vehicle while your ability to drive was materially and appreciably impaired by alcohol, drugs, or a combination of substances. […]
South Carolina increases the penalties for a DUI or driving with an unlawful alcohol concentration charge when the case qualifies as a second, third, fourth, or later offense. The state generally uses a ten-year lookback period for qualifying prior violations. Prior impaired-driving offenses from South Carolina, another state, or a municipality can count when they […]
Yes. In South Carolina, you can be charged with DUI after taking prescription medication if the medication materially and appreciably impairs your ability to drive. The key issue is not whether the drug was prescribed legally. The issue is whether the substance affected your driving faculties to the degree required by South Carolina law. McCutchen […]
If you are arrested for DUI in Myrtle Beach over Labor Day weekend, you may face two separate legal tracks: the criminal DUI case and an administrative driver’s license matter. South Carolina prohibits driving when alcohol, drugs, or a combination of substances materially and appreciably impairs your ability to drive. A chemical-test result of 0.08 […]
Yes. You may refuse the official chemical breath test requested after a South Carolina DUI arrest. Refusal can trigger an immediate driver’s license suspension, and the refusal may be used against you in court. If you have no qualifying prior DUI convictions or specified license suspensions during the preceding ten years, the refusal suspension is […]
A South Carolina DUI charge or conviction does not automatically cancel a valid United States passport. It can still disrupt summer travel through license suspension, bond conditions, probation rules, court dates, ignition interlock requirements, and entry restrictions imposed by other countries. Canada is a common concern because an impaired-driving conviction can make a traveler criminally […]
DUI defense cases in South Carolina often depend on the strength, reliability, and legality of the evidence collected during and after a traffic stop. McCutchen Vaught Geddie & Hucks, P.A. regularly reviews DUI evidence in Myrtle Beach and throughout South Carolina to determine whether law enforcement followed proper procedures and whether the facts truly support […]