What Are South Carolina’s Habitual Offender Laws?

As both criminal defense attorneys and DUI defense lawyers in Charleston, South Carolina we’ve helped drivers who’ve lost their license because the Department of Motor Vehicles (DMV) declared them to be Habitual Traffic Offenders (“habitual offenders”) under South Carolina Code Section 56-1-1020. The consequences of being designated as a habitual offender in South Carolina can … Read more

What is the South Carolina Ignition Interlock Device Program?

As DUI defense lawyers in Charleston, we’ve been asked questions about the Ignition Interlock Device (IID) Program in South Carolina. The IID Program is part of “Emma’s Law.” A significant part of this law concerns the use of Ignition Interlock Devices for certain people convicted of drunk driving/DUI offenses. In this article, we explain who MUST … Read more

Are DUI & License Checkpoints Legal in South Carolina?

In South Carolina, law enforcement may briefly stop drivers at a checkpoint or a roadblock for the limited purpose of verifying a driver’s license, vehicle registration, and proof of insurance. Also, authorities may set up checkpoints to detect drunk drivers. However, in every case involving an arrest for a DUI at a checkpoint, the prosecution … Read more

The Tyndall Effect – How an Airbag Can Effect Your Breath Test in a DUI

Over the years, our DUI defense lawyers in Charleston have handled many cases involving auto accidents. Under South Carolina law, Section 56-6-6170, “no police officer in investigating a traffic accident shall necessarily deem the fact that an accident has occurred as giving rise to the presumption that a violation of the law has occurred.” Yet, … Read more

How Does a DUI in South Carolina Impact Your Commercial Driver’s License (CDL)?

As DUI lawyers in Charleston, South Carolina, we represent commercial vehicle drivers who are accused of driving under the influence. If you have a commercial driver’s license (CDL) and you are charged with a DUI, things are a bit more complicated than other DUI’s. We know that the inability to drive can ruin a commercial … Read more

What is Boating Under the Influence (BUI) in South Carolina?

At Futeral & Nelson, our Charleston attorneys handle boating under the influence (BUI) charges in South Carolina. In this article, we explain the laws and the penalties for BUI, felony BUI, and Reckless Homicide by Boat. We also explain the Afloat Battery Test (field sobriety tests) in BUI cases, your rights to refuse a breath … Read more

What is a Felony DUI in South Carolina?

For any Charleston DUI lawyer, defending a felony DUI is much more challenging, and the stakes are higher than defending a municipal or magistrate level DUI such as a DUI 1st. In South Carolina, felony DUI is the bodily injury or the death of another person. Therefore, a felony DUI differs from a DUI in … Read more

What is a Reasonable Legal Fee for Lawyers in South Carolina?

In a family court case one of our lawyers was working on some years ago, a lawyer who practiced law for three years and had filed only four family court cases in Charleston asked the court to award $300 per hour for legal fees. To put this lawyer’s hourly rate into perspective, many family court … Read more