DUI Consequences and Defenses

The act of operating a motor vehicle with impaired faculties is the definition of driving under the influence. A DUI encompasses driving under the influence of alcohol and/or other drugs or illegal substances and can even mean legal prescription drugs. You have breached your statutory and common law duty if you cannot drive as a prudent driver would operate a vehicle because you are under the influence of alcohol or drugs. The question that encompasses a DUI charge is, was your condition such that you could not drive with due regard for yourself and others? The criminal offense of a DUI can be a misdemeanor or a felony. Most commonly, you’ll find that felony charges arise where the DUI was accompanied by bodily injury or property damage. But, you may also be facing felony DUI charges if you are a repeat offender or based on your BAC level.

In South Carolina, for your first misdemeanor DUI offense, you may face 48 hours of public service employment, 30 days in jail or a $400 fine. If your blood alcohol level is .10% but less than .16%, public service employment may reach 72 hours, 30 days in jail or a $500 fine. The criminal penalties increase for your second, third, or more DUI offense. Conviction of a second or subsequent offense requires suspension and surrender of your motor vehicle registration and license plate for all of your vehicles.

Up to this point, it sounds like a lot of bad news for people facing DUI charges. But, the good news is, there are multiple defenses that your local attorney Daniel Selwa can argue in your defense so that you do not face these criminal penalties. For instance, the police may have conducted an improper breathalyzer test. Also, the police may have failed to inform you of your rights before placing you under arrest. Perhaps, the police didn’t have reasonable suspicion to pull you over, if that’s the case, then the stop is illegal and the evidence seized from the stop is not admissible.

The key is, to let Daniel Selwa investigate your case. If you aren’t a practicing attorney, it’s likely that you don’t fully understand your legal rights and the defenses that may be available for your case. Daniel Selwa is an experienced criminal attorney who is very familiar with DUI cases. Contact him today for a free consultation.

Caught with marijuana? Legal Punishment

Want an example of what not to do? Check out this recent WMBF article that details the arrest of two men: here. What started out as a routine traffic stop turned into an arrest when 50 pounds of marijuana were found in the vehicle. These men are likely facing charges of possession of marijuana with intent to distribute.

More common, is the criminal misdemeanor of simple possession of marijuana. Simple possession generally means you are in the unlawful possession of no more than 28 grams of marijuana. As opposed to the crime of possession of marijuana with intent to distribute, simple possession is presumed to be for your own personal use. For a first time offense, the penalties may include 30 days in jail, a fine, and/or suspension of one’s driver’s license. A second offense carries up to one year in prison. These penalties are provided for in statute but what you may not know is that simple possession charges can carry other penalties as well such as loss of state and federal benefits and student loans. For more information previously reported on simple possession, check out this earlier blog entry: here.

You yourself might be facing criminal charges due to your possession of marijuana or perhaps just because of your presence at the scene when the marijuana was found. Either way, you need an experienced criminal law attorney to help you fight these charges. There are several ways to fight these charges and Daniel Selwa can help you choose the best avenue to take in defending your case. 

DUI/DUAC in Myrtle Beach, South Carolina

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As you may know, this is the vacation season in Myrtle Beach and surrounding areas.  Our peak season in fact.  Many people come to enjoy the beach and end up enjoying it too much.  In fact, one of the local stores prints up shirts that read "Came for vacation, left on probation."  This trivializes the severity of the out of control partying that occurs on the Grand Strand but tends to point out the fact that every year vacationers get arrested and have their vacation ruined because of a DUI or DUAC.

Everyone knows what a DUI or Driving Under the Influence charge is but few understand that there is also a fairly new law called DUAC or Driving with an Unlawful Alcohol Concentration.  DUAC's are easier to prosecute if you submit to a breathalyzer.  If your BAC or Blood Alcohol Content is greater than .08 (which is approximately one alcoholic beverage depending on your size) and you are witnessed driving, you will be charged and most likely convicted of DUAC.  The same is true for the DUI but with a DUI, the officer has to prove that you were materially and appreciably impaired while operating the vehicle.  This is different from in the DUAC in that there is more evidence that is needed by the prosecution to meet their burden of proof.  When I say more evidence, generally speaking, that is, results of the field sobriety tests, the breathalyzer, observations made by witnesses, and of course the video from the officer among other things.

The best option when having a crazy night out in Myrtle Beach is to call a cab.  You should never drive drunk.  More especially, never drive drunk in Myrtle Beach.  The Myrtle Beach area is known for making questionable DUI arrests.  The officers here in Horry County have an incentive for making DUI arrests....not convictions.  If there is the slightest inclination that you may have taken a drink, you might as well turn around and put your hands behind your back.  I said arrests, not convictions (this is an important distinction).  What does that mean?  Well it means that there is room for abuse.  It also means that even if you are not drunk, your probably going to jail.  When stopped by the police, you have the right to remain silent.  This sounds strange in theory but your battle at that point is not with the officer, its in the court room.  If the officer asks you any questions, you tell that officer "I wish to invoke my right to remain silent."  Under the Constitution, that would be the 5th Amendment - Right Against Self Incrimination.

If you are the unfortunate victim of an overzealous officer, know this, you can not talk yourself out of it. The best course of action if you have ingested any alcohol is to refuse to offer any statements or enter into any conversation, refuse to partake in any field sobriety tests (follow the pen with your eyes, walk the line, lifting any leg up to balance, saying your ABC's), and refuse to take a breathalyzer.  Finally and most obvious, if you are driving past 12:00 am on a Friday or Saturday night most likely everyone on the road with you is drunk, especially in Myrtle Beach.  Don't expect that you will just get a ticket if you get pulled past this hour.  Expect that you will go to jail.

After you have been arrested for DUI or DUAC, you need to see an attorney immediately.  You must find one that you trust, that works well for you (a good fit) and one that has experience in getting DUI and/or DUAC's in Myrtle Beach dismissed.  Call me, Daniel A. Selwa, II to represent you for any DUI and/or DUAC charge and I will provide you with experienced representation with a proven track record.