by Pete Strom on November 14, 2011
South Carolina DUI Lawyers
Although it occurred over the summer, this is one news story worth sharing. It really does validate the statement “Like mother like daughter.”
In Idaho, in the span of an hour, a woman and her daughter were both arrested for drunken driving.
After 28-year-old Alisha Gardner was arrested around 11 p.m. Saturday July 18th in Idaho Falls. Ms. Gardner’s mother, who ironically came to the jail to pick up her daughter’s dog, soon found herself behind bars as well.
Authorities say a sheriff’s officer pulled the younger Gardner after he spotted her swerving and crossing the center line.
Sgt. Jeff Edwards said her BAC was twice the legal limit. He took Ms. Gardner to jail, but she needed someone to care for her dog that was with her in the car.
Her mom, 51-year-old Diana Gardner, soon arrived to take the canine home. However when she arrived at the station, an officer smelled alcohol on her.
A test revealed the elder Gardner’s blood-alcohol level was also twice the legal limit, so just like her daughter, she too was arrested.
It’s unclear whether anyone else came to pick up the poor dog, whose allegedly intoxicated owners were both incarcerated.
By: South Carolina DUI Lawyer Pete Strom
by Pete Strom on November 10, 2011
South Carolina DUI Lawyers
Los Angeles, CA – CBS News is reporting that Rodney King pleaded not guilty to DUI charges in connection with his arrest on July 12 this past summer in Southern California.
Court records state that King entered the plea in Superior Court to misdemeanor counts of driving under the influence and driving with a blood-alcohol content above the legal limit of 0.08 percent.
Prosecutors said Mr. King was driving under the influence of both alcohol and marijuana when he was pulled over on July 12. King does have a previous DUI conviction in 2003, and if convicted this time, he could face up to a year in jail.
King is well known for being the the victim of a civil rights violation during a videotaped beating by Los Angeles police in 1991. The officers were tried and acquitted in the early 90s, which led to the 1992 Los Angeles riots.
King’s lawyer Laura Box did not comment on her client’s plea and case. King is due back in court on November 21.
By: Pete Strom, South Carolina DUI Lawyer
by Pete Strom on November 7, 2011
South Carolina DUI Lawyers
South Carolina DUI Penalties by Offense
If you are over 21 and you are convicted of DUI, your blood alcohol level (BAC) will be used to dictate the severity of your sentence for each type of offense (first DUI offense, second DUI offense, etc.). Keep in mind that the fines set forth below will more than double when you add in court costs and fees.
Penalties for First DUI Offense:
Contact us for help reducing or fighting the following DUI penalties. Legal consequences are listed by ascending blood alcohol levels.
If your BAC is between .08% and .09%:
- Jail sentences for a first DUI can range from 48 hours to a maximum 30 days, although community service can be given in lieu of jail time.
- Fines can range up to $400, plus court costs and fees.
- You will additionally lose your driver’s license for six months.
If your BAC is between .10% and .15%:
- Jail sentences for first DUI charges can range from 72 hours to a maximum 30 days, although community service can be given in lieu of jail time.
- Fines can range up to $500, plus court costs and fees.
- You will additionally lose your driver’s license for six months.
Click
here to find out what the punishment is if your BAC is more than .15%
By: Pete Strom, South Carolina DUI Lawyer
by Pete Strom on November 2, 2011
South Carolina DUI Lawyers
Underage drinking on South Carolina college campuses is extremely common. Unfortunatly, in a lot of situations it ends in tragedy. Just recently, a gifted athlete attending college in South Carolina was found unresponsive in a dorm room after eating pizza and drinking alcoholic beverages.
The student allegedly choked on the food that he was eating, was transported to a local hospital, and died when the medical staff was unable to revive him. The county coroner confirmed that the student had been drinking, though he could not state definitively whether the drinking was the direct cause of the choking incident or the student’s death.
The college student’s mother released a statement saying “none of our children are immune to dangers” when sending them off to college. “The pain of losing a child is compounded by the fact that underage drinking was involved.”
The situation can become exponentially worse if the same underage individuals decide to get behind the wheel and start driving.
SC Has A Zero Tolerance Policy
Any person under the age of 21 who drives a motor vehicle after drinking alcohol faces a zero tolerance policy for drinking and driving.
It only takes a blood alcohol concentration of .02 to be charged with penalties for underage drinking and driving. Underage drivers will automatically have their license suspended for at least 3 months.
Consequences of Underage DUI
If you are under 21 and and your blood alcohol (BAC) is at least .02 and less than .08
- License (or permit) suspended or withheld for three months for a first offense; six months for a second offense within five years.
- License suspended for six months if chemical test is refused during a first offense; a one-year suspension if it’s the second offense within five years.
However, it is important for you to know that you are entitled toAdministrative Hearing to seek reinstatement of your driving privileges while your case is pending.
If you are over 21 and your blood alcohol concentration (BAC) is .08 or higher, you may be arrested for drunk driving and prosecuted under South Carolina’s Drunk Driving Laws.
By: South Carolina DUI Lawyer Pete Strom
by Pete Strom on October 26, 2011
South Carolina DUI Lawyers
Can I be Arrested for Failing an FST?
Field sobriety tests (FSTs) were created to help law enforcement gauge the relative sobriety or intoxication of a driver, and cannot be used to determine blood alcohol level. However, a police officer who has pulled a suspicious motorist or who is working a sobriety checkpoint can request a battery of field sobriety tests in determining probable cause of an arrest and the use of an evidentiary alcohol test.
If you’ve been arrested and charged with a DUI based on your performance during a field sobriety test that led to the accumulation of additional evidence against you, contact us for a no-cost, immediate case consultation (call or use the form at the top right). During our initial consultation, we’ll help you to determine if you should plead guilty or not guilty to your charge. Learn more about our DUI defense.
The Right to Refuse an FST
The motorist has the right to refuse participation in roadside sobriety tests. Declining to take a roadside test does not carry the same consequences as refusing to take a breathalyzer, though the motorist may be arrested on suspicion of DUI for refusing an FST. That is the police officer’s discretion.
What Happens in Roadside Sobriety Test?
- Field sobriety tests, like other aspects of a DUI arrest, must be videotaped. Law enforcement is tasked with providing evidence of driving impairment in the conviction of a DUI. The videotape serves as a witness for both parties. NOTE: In the event of an accident where EMTs arrive first, an officer may not be able to properly videotape the scene, in which case, human witnesses will be used to corroborate testimony for either party.
By: South Carolina DUI Lawyer Pete Strom
by Pete Strom on October 24, 2011
South Carolina DUI Lawyers
Getting arrested for DUI does not mean that you are guilty. What it does mean is that your personal and professional livelihood are at stake and that you need the assistance of an experienced South Carolina DUI defense lawyer.
If you are serving at Fort Jackson, Charleston Air Force Base, Marine Corps Air Station in Beaufort, SC, Parris Island, McIntyre Air National Guard, the Naval Weapons Station in Charleston, or Shaw Air Force Base in Sumter and you are stopped for DUI, you face not only potential criminal penalties under the drunk driving laws of South Carolina, but also potential military consequences. Highlights of South Carolina drunk driving laws can be found here.
If you are faced with military prosecution by court marshal, any criminal penalty imposed by a civilian court of law will likely be considered. The criminal defense attorneys at the Strom Law Firm, LLC are keenly aware of what is at stake with your military career and will navigate you through your DUI charge to help you defend your case and service reputation.
Criminal defense lawyers at the Strom Law Firm, LLC provide a free consultation to discuss your DUI arrest, whether to plead guilty or not guilty to driving under the influence, as well as possible ways to have your drunk driving charge reduced. Founded by a former U.S. Attorney, the team at Strom Law also includes a former Public Defender, as well as a former Assistant Attorney General and Richland County Assistant Solicitor. It’s awarded the highest Martindale-Hubble ranking and collectively holds more than 50 years of complex litigation experience.
Fill out the Free Case Evaluation form in the top right column or call us immediately (803-252-4800). Let us fight your DUI charge, and help you protect your freedom and financial future. We offer flexible payment plans and accept Visa and Mastercard.
Call the Strom Law Firm for a free consult today.
By: Pete Strom, South Carolina DUI Lawyer
by Pete Strom on October 19, 2011
South Carolina DUI Lawyers
How Can a Breathalyzer Measure Blood Alcohol?
The blood releases alcohol through the breath. When you drink alcohol, the body absorbs it quite literally. It saturates tissue lining in the mouth, throat, stomach and intestines, and enters the bloodstream. When that blood circulates through the lungs, alcohol evaporates out through air sacs in the lungs. A breathalyzer measures the alcohol in the breath that is exhaled.
There’s a mathematical relationship between alcohol blood level and alcohol breath level. It was determined that the alcohol measured in the breath can tell you something about the overall alcohol content in the bloodstream. A “universal” relationship was determined between the two levels alcohol concentrations (despite the fact that each person is unique). The golden rule of breath testing says: Every 2,100 ml of air in the lungs (breath to be exhaled) will contain the same amount of alcohol concentration as 1 ml of blood.
A device that can measure alcohol in the breath, can then estimate alcohol in the blood. Breath testing devices use special technology to calculate the amount of air expelled, the amount of alcohol in that air and then calculate a blood alcohol level based on the ratio above. In South Carolina, the only permissible breath testing device is the Datamaster (DMT), which uses infrared technology to measure the alcohol content in the breath.
Results of handheld breathalyzer tests may be used to establish probable cause or reasonable suspicion of drunk driving. This allows a police officer to make an initial arrest and bring you in for an admissible breath test or blood test. However, although the results of a breathalyzer test may be admissible in court, the results of a breathalyzer test may also be challenged. The accuracy of a DataMaster breathalyzer depends upon the unit, the timing of the testing and the testing process for the suspected motorist. In addition, there are procedural steps that must be taken, which if omitted, may result in the results being inadmissible.
By: Pete Strom, South Carolina DUI Lawyer
by Pete Strom on October 17, 2011
South Carolina DUI Lawyers
TMZ is reporting Shelby Cobra, who used to sing for the Disney girl band KSM, just got sentenced in her DUI case … and the judge took no mercy.
Read Original DUI Article Here.
She was ordered to look death right in the face at a hospital morgue.
Shelby Spalione was arrested last month on suspicion of Driving under the influence and registering a blood alcohol level of .15, nearly twice the legal limit. The star was only 18 at the time.
Shelby was sentenced last week to enroll in the L.A. County Hospital and Morgue program. The program requires individuals to visit a real-life morgue with real-life dead people and possibly witness an autopsy.
According to court records, Shelby is also required to complete a 3-month alcohol education program and attend 16 AA meetings. She’s must also pay $1,738 in fees.
B: South Carolina DUI Lawyer Pete Strom
SC Has A Zero Tolerance Policy
Any person under the age of 21 who drives a motor vehicle after drinking alcohol faces a zero tolerance policy for drinking and driving.
It only takes a blood alcohol concentration of .02 to be charged with penalties for underage drinking and driving. Underage drivers will automatically have their license suspended for at least 3 months.
Consequences of Underage DUI
If you are under 21 and and your blood alcohol (BAC) is at least .02 and less than .08
- License (or permit) suspended or withheld for three months for a first offense; six months for a second offense within five years.
- License suspended for six months if chemical test is refused during a first offense; a one-year suspension if it’s the second offense within five years.
However, it is important for you to know that you are entitled toAdministrative Hearing to seek reinstatement of your driving privileges while your case is pending.
If you are under 21 and your blood alcohol concentration (BAC) is .08 or higher, you may be arrested for drunk driving and prosecuted under South Carolina’s Drunk Driving Laws.
by Pete Strom on September 26, 2011
South Carolina DUI Lawyers
SC Has A Zero Tolerance Policy
Any person under the age of 21 who drives a motor vehicle after drinking alcohol faces a zero tolerance policy for drinking and driving.
It only takes a blood alcohol concentration of .02 to be charged with penalties for underage drinking and driving. Underage drivers will automatically have their license suspended for at least 3 months.
Consequences of Underage DUI
If you are under 21 and and your blood alcohol (BAC) is at least .02 and less than .08
- License (or permit) suspended or withheld for three months for a first offense; six months for a second offense within five years.
- License suspended for six months if chemical test is refused during a first offense; a one-year suspension if it’s the second offense within five years.
However, it is important for you to know that you are entitled toAdministrative Hearing to seek reinstatement of your driving privileges while your case is pending.
If you are under 21 and your blood alcohol concentration (BAC) is .08 or higher, you may be arrested for drunk driving and prosecuted under South Carolina’s Drunk Driving Laws.
Underage Drinking Convictions
A conviction for underage drinking can have lasting consequences.
- A student who has been convicted and/or pled guilty to an alcohol or drug related offense will not be eligible for a LIFE scholarship after the expiration of one academic year from the date of the adjudication, conviction or plea.
- A driver who is over the age of 18 but under 21 charged with DUI may additionally be charged with child endangerment and subject to additional criminal penalties if they are carrying a passenger younger than 16.
- A conviction for underage drinking and driving may ruin potential career opportunities.
Contact a Criminal Defense Attorney
for Underage Drinking Arrest
South Carolina’s strict zero tolerance policy and the future implications of an underage drinking conviction make it critical that you contact a South Carolina underage drinking lawyer to protect your rights. The Criminal Defense attorneys at the Strom Law Firm, LLC provide a free consultation to discuss the facts of your case. Call us today to see how we can help.
by: south carolina DUI lawyer Pete Strom
by Pete Strom on September 21, 2011
Police in western Pennsylvania have charged a man with driving drunk twice in the same night.
58-year-old Robert Brodnick, of Washington, Pa., was arrested Monday night for a DUI.
Trooper Joseph Christy says his fellow officers released the suspect into the custody of a “responsible party” but say that person must have dropped of Brodnick at his vehicle because the same trooper who arrested Brodnick saw him driving again 15 minutes later.
The officer pulled him over again and arrested him for a second DUI.
Police say that Brodnick’s blood-alcohol content was at least double limit when he was arrested.
Brodnick tells WPXI-TV, the NBC affiliate in Pittsburgh, that he had two or three beers and just wanted to drive his new car home.
Online court records do not list an attorney for Robert Brodnick.
Penalties for Second DUI Offense in SC:
Contact us for help reducing or fighting the following DUI penalties. Legal consequences are listed by ascending blood alcohol levels.
If your BAC is between .08% and .09%:
- Jail time for a second DUI conviction can be sentenced up to one year, with a five-day minimum.
- Fines can range from $2,100 to as much as $5,100, with loss of driving privileges up to 60 days.
- You will additionally lose your driver’s license for one year.
If your BAC is between .10% and .15%:
- Jail time for a second DUI runs up to two years, with a 30 day minimum.
- Fines can range from $2,500 to as much as $5,500.
- You will additionally lose your driver’s license for one year.
If your BAC is .16 or higher:
- Jail time for a second DUI can sentenced up to three years, with a 90 day minimum.
- Penalty fines can range from $3,500 to as much as $6,500, and you are required to enroll and successfully complete ADSAP.
By: South Carolina DUI lawyer Pete Strom
