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.