South Carolina DUI Defense Attorneys

The question as to the reliability of breathalyzers has become a topic of great debate. Breathalyzers, or breath analysis, are one of the tools most commonly used by law enforcement to determine if someone is driving while under the influence of alcohol above the legal limit.

Despite the intent, more and more scientists and experts agree that breathalyzers generate inconsistent and inaccurate measurements of a person’s blood alcohol content, better known as BAC. Some courts are even throwing out cases involving breath tests due to these inconsistencies.

Opinions regarding the reasons for  the inconsistencies involving breathalyzers vary. The thermometers in the breathalyzers have been cited for some of these inconsistencies. A woman in Washington took her 2002 case to the Washington Supreme Court citing the unreliable nature of the breathalyzers, specifically the thermometer used in the breath test.

Essentially, the thermometer in a breathalyzers is used to test how accurate the readings on the breath machines are. The thermometer must be calibrated with a mixture of water and alcohol that is kept at 34 degrees centigrade. The thermometer gathers a reading from the mixture. In her case, the woman in Washington was able to prove that the thermometers was not certified as reliable;  the case against her was reversed.

Courts in other states have been following suit, and throwing out or reversing DUI cases involving breathalyzers. Four defendants in New Jersey consolidated appeals against the State of New Jersey citing unreliability of the breath tests in State v. McGinley.

The defendants cited new scientific evidence that showed inconsistencies in the Breathalyzer models 900 and 900A. The Court said such models were “scientifically reliable”, but still took this new evidence into consideration. The evidence showed that a variance in blood-breath ratio could produce errors in reading.

These errors showed high readings in 14% of the population. Importantly, as mentioned above, there may be errors in the temperature of the machine, resulting in skewed test results. The body temperatures of the human beings, which vary from person to person, may also affect the readings of the breathalyzers. Lastly, blood particles called Hematocrit vary between males and females and can affect test results.

Other factors influencing tests results can be calibrating errors, the lack of testing blank specimen, and/or making sure a person is not affected by the environment. Most good defense lawyers know how to properly challenge the reliability and accuracy of breathalyzers. Because state laws do vary, you should contact an attorney in the state where you are charged for proper legal advice concerning the facts of your particular case.

A Mount Pleasant police officer found himself in the hot seat after crashing his personal vehicle in Georgetown County on Saturday, March 3rd.

Major Frank Riccio, the department’s second-in-command, was arrested for DUI after his Jeep veered off the left side of the road and then crashed into the median before overturning.

The accident took place around 2:00 that Saturday afternoon. Riccio was then arrested on suspicion of Driving under the Influence.

The 51-year-old had been with the department for 29 years and has since resigned.

How to Fight Your DUI Arrest

During our complimentary case evaluation, we’ll help you decide whether to plead guilty or not guilty – and inform you if your DUI charge or penalties could be reduced.

If retained to provide your DUI defense, our DUI attorneys will investigate the legality of your DUI arrest and determine whether guilt can be proven.

In a strange chain of events, a man is left under arrest charged with DUI after crashing into a police officer wearing nothing but his
underwear.

It happened this past weekend in Chicago. Police were alerted to a man possibly driving drunk in an alley in the city’s Northwest Side,
according Chicago Tribune on Sunday. Police believe the man thought the alley was a through street.

The suspect was identified as 24 year-old Aresenio Garcia of Chicago. Garcia drove the wrong way down a one-way street eventually crashing into a police vehicle that was on the scene responding to the call, according to Chicago Police Department News Affairs Officer, John Mirabelli.

Following the crash, Garcia opened the door and fell out of the vehicle, which is when police saw that he was wearing only his underwear and socks, Mirabelli said. The suspect was taken to the hospital and treated for minor scrapes to the face.

The officer in the police vehicle also was taken to the hospital and treated for minor injuries.

According to police, Garcia is charged with misdemeanor DUI, using an alley as a through street, driving the wrong way down a one-way street, no license, no insurance, failure to reduce speed, and damage to public property.

By: Criminal Defense Lawyer Pete Strom

South Carolina DUI Lawyers

Florida authorities  say a drunken driving suspect who claimed he had only two drinks when he was arrested had a receipt in his pocket showing a nearly $140 bar tab.

The Ocala (Fla.) Star-Banner reported that Ocala Police said they stopped an orange Hummer on East Silver Springs Boulevard early Friday morning after a report of a possible drunken driver.

When police pulled Bradley Garrison, 40, over they said he had a strong odor of alcohol on his breath.  He told officers he had only two drinks at the Charlie Horse Restaurant and Lounge.

Authorities say Garrison was arrested after failing a field sobriety test.

While searching the suspect, officers found a receipt in Garrison’s front pants pocket from the restaurant showing purchases including 20 Jack Daniels drinks and other drinks, for a total bar tab of $139.09.

Police said they did not know whether Garrison had consumed all the drinks.

He was then taken to the Marion County Jail, where he couldn’t complete a breath alcohol test because he was vomiting.

By: South Carolina DUI and Criminal Defense Lawyer Pete Strom

South Carolina DUI Lawyers

A 20-year-old woman , who chose to drink and drive is suing Jock’s Sport Grill, located in Blufton, SC, for not checking her ID. 

According to reports, the woman, who was twenty and therefore underage at the time, spent several hours at the bar drinking with friends and playing pool.  Instead of calling a cab, the woman attempted to drive herself home at approximately 1:00 AM the next morning.  On the way home, she drove her car off of the road resulting in a car crash  that left her paralyzed. 

The woman, now 22, claims that the bartender should have asked for her ID prior to serving her drinks at the bar.

Officials say she was not wearing a seat belt and was ejected from the vehicle and hurled 20 ft.  She suffered severe injuries that left her a paraplegic.

According to the lawsuit, the victim says  the bartender should have asked if she was old enough to buy alcohol or if she was drunk when she was in the bar.

The now 22 year old has also sued the Department of Transportation and the town of Bluffton and Beaufort County claiming they had failed to properly maintain the road where she wrecked her vehicle.

The lawsuit claims the wheels of the victim’s 2000 Mitsubishi car ‘suddenly dropped off into a large unmaintained area on the shoulder of Alljoj Road, which caused her to lose control of her car and roll the vehicle off the side of the road.

In its response to the lawsuit, Schubert Place LLC, operator of Jock’s Sport Grill, denied the victim’s claims saying “she was responsible for her injuries due to her acts of ‘negligence, recklessness, willfulness and gross negligence.”

The South Carolina Department of Transportation also blamed the driver saying the accident occurred due to her irresponsibility, including driving while intoxicated and failing to keep her vehicle under control.

The driver, now aged 22, is seeking punitive damages that could run into millions and cover the cost of her round-the-clock health care.

By: South Carolina DUI Lawyer Pete Strom.

Read more: http://www.dailymail.co.uk/news/article-2080037/Woman-sues-bar-carding-got-drunk-driving-car-crash-left-paralyzed.html#ixzz1i1lLzQZX

South Carolina DUI Lawyers

According to a police report released yesterday, Detroit police say former Miss USA Rima Fakih was speeding and weaving through traffic with an uncorked, half-empty bottle of champagne and a blood-alcohol level more than twice the legal limit when she was arrested in the Detroit enclave of Highland Park.

The 26-year-old was pulled over early Saturday going 60 mph, weaving in heavy traffic and changing lanes without using a turn signal.

The arresting officer said the traffic stop happened about 2:15 a.m.

The report said she was driving a black 2011 Jaguar.

The police report says the officer asked for the driver’s license she “immediately identified herself as Miss USA and stated that she was driving a friend’s car.”

The officer said Fakih “appeared disoriented and had very slurred speech while fumbling for her purse.” He asked Fakih if she had been drinking, and she said, “No, not at all.”

In the report, authorities said they discovered an open and half-empty bottle of Moet & Chandon champagne on the floorboard behind the driver’s seat.

“I swear, I didn’t know it was open,” Fakih told police.

Two breath tests showed a 0.19 percent and a 0.20 percent blood-alcohol level.

The report said Fakih was handcuffed and taken to a police station. It said she was placed in a cell “until she was sober for her safety and the safety of others.”

Besides drunken driving, Fakih also faces charges of possessing an open intoxicant in a motor vehicle and careless driving.

The former Miss Michigan was born in Lebanon won the Miss USA Pageant in 2010.  Her reign ended earlier this year.  She was the first Miss Michigan to win the title since 1993 and the first Arab American winner.

By: South Carolina DUI Lawyer Pete Strom

New Year’s Eve is almost here, and that means drinking, parties, celebration, and drinking some more. If getting behind the wheel after a few beers and a champagne toast is your style, be prepared to deal with the multitude of cops out there to catch you.

With office parties, holiday get-togethers thrown by friends and family, and bowl games upon us, the opportunities to consume alcohol seem nearly endless this time of the year.  Add factors such as poor driving conditions due to winter weather, shorter daytime driving hours and other holiday season driving distractions, and you have all the ingredients of a potential tragedy on the road.

Select A Designated Driver.

Make sure to choose someone who promises not to drink and who will make sure that all passengers buckle up.

Take A Cab or Public Transportation.

If you’re traveling alone or with just one other person, consider taking a cab or public transportation to and from your holiday event. If you have a large group, consider splitting the cost of a party bus or limo that is able to carry large amounts of people. This way, you can still enjoy a good time with all of you friends for a reasonable price without having the added hassle of figuring out who is going to drive.

Hosting The Holiday Party.

If you host a holiday party, either at your home or at your workplace, make sure to offer your guests a cab ride to get home, if they need it. Also, offer non-alcoholic beverages to your guests for those who do not drink or are planning on being the designated driver – as well as food to offset alcohol intake.

Put Down The Cell Phone.

Even if you’ve only had one glass of wine or one beer, alcohol in any quantity can impair. Avoid adding to the situation with distractions such as talking on your cell phone or texting, which takes your eyes off the road and could potentially get you pulled over.

The Strom Law Firm, LLC wishes you and your family a safe and relaxing Holiday season.  Have questions?  Call us today for a free consultation.  803.252.4800

South Carolina DUI Lawyers 

Last week, 24-year-old Michelle Watson of Prescott, Arizona was driving drunk in her Honda Civic.  Authorities said her blood-alcohol level was three times the legal limit.

She eventually crashed into several curbs and went up on the sidewalk.

Police officers pulled the her over and gave her a field sobriety test.  When they asked her to walk in a straight line, she told them, “I don’t have to walk [blanking] anywhere.”

Then she got impatient, shoved and wrestled with one officer, and kneed the other one in the groin while she was being handcuffed.

Then she decided to kick the inside of the cop car to escape.

Finally the suspect was charged and went to jail.  When she got to jail and they took her mugshot, she gave a huge smile and a Fonzie type thumbs up to the camera.

She was charged with aggravated assault on a cop, resisting arrest, and a DUI.

By: South Carolina DUI Lawyer Pete Strom

Click here to see the mugshot.

South Carolina DUI Lawyers

Talk about seeing the future.

According to the Smoking Gun website, a New York motorist wearing an “I’m Not An Alcoholic, I’m A Drunk.  Alcoholics go to meetings” t-shirt was arrested last week for drunk driving after he wrecked into a police car.

Kevin Daly, 22, was arrested after crashing his 2000 Saturn into a police vehicle on County Road 83 in Suffolk County. Authorities say the officer in the cruiser was not seriously injured in the 1:45 AM crash.  Ironically, the officer Mr. Daly ran into was assigned to a special drunk driving unit, the Suffolk County Police Department’s Selective Alcohol Fatality Enforcement Team (SAFE-T).

Believe it or not, he is not the first person to be arrested in this T-shirt.  In 2007, 41-year-old Amanda Lynn Bailey of Tampa, Florida was busted for DUI in the same T-shirt.

DUI is a serious crime with serious consequences. Click here to read the DUI penalties for South Carolina. Getting charged with DUI does not mean that you are guilty or that you do not have any rights.  If you are arrested for DUI, contact the South Carolina DUI Defense Attorneys at the Strom Law Firm, LLC for a free consultation to discuss your legal rights. 

By: Pete Strom, South Carolina DUI Lawyer

South Carolina DUI Lawyers

We write a lot of Drunk Driving articles here at the Strom Law Firm, but this one is near the top.

Two drunk-driving accidents took place over the weekend that injured three people, killed another, and produced one of the worst statements we’ve ever heard from a drunk driver.

The first accident occurred at 1:30 A.M. on Sunday morning outside of Palestine, Texas.

According to the Houston Press, the suspect was driving under the influence, crossed the center of the road, and crashed into an oncoming car.  Unfortunately, the wreck left three people in the other car seriously injured, and killed one as well.

Paramedics arrived on the scene called for a Life Flight chopper to get the victims to the hospital.

That’s when 27-year-old Matthew Mitchell came to the scene.  He was also driving after having too many drinks.  He said all the flashing lights at the emergency vehicles confused him as he approached the accident.

He attempted to maneuver his Chevy Impala through the flashing lights of the fleet of police cruisers and ambulances on the scene. Unfortunately, he crashed right into the life-flight chopper’s tail fin. Fortunately, damages to the helicopter were minor and it was able to fly an injured woman to a local hospital.

Authorities on the scene told Matthew he’d hit a helicopter.  His response: he asked, “Why was the helicopter flying so low?”

Both drivers were charged with DUI, and the guy who caused the first crash was also charged with manslaughter.

By: South Carolina DUI Lawyer Pete Strom