The DUI Process in South Carolina
Dram Shop Liability in South Carolina
“Dram Shop Acts” are state statutes that impose civil liability on barkeepers for the injuries a customer causes to third parties when they knew, or should have known, that such customer was intoxicated when they served him. South Carolina does not have a Dram Shop Act per se, but in Hartfield v. The Getaway Lounge & Grill, Inc., a decision that was rendered on July 26, 2010, the Supreme Court of South Carolina demonstrated that South Carolina can be very forceful in imposing liability on bar owners under other legal theories. One of the owners of The Getaway testified that he did not appear intoxicated while he was there. Although South Carolina does not have a Dram Shop Act, it is illegal in South Carolina to “Knowingly” serve alcohol to any person who is intoxicated. At the time of the accident South Carolina DUI law stipulated that there is a “Permissive inference” that a person was under the influence if that person has a BAC of.10. The Getaway’s liability was predicated on the violation of these two criminal statutes. As Justice Toal stated, “[b]ecause South Carolina does not have a Dram Shop Act, our civil remedy arises out of criminal statutes. The Getaway countered with a number of arguments: that the testimony of the forensic chemist was “Speculative,” that the deceased customer’s fluid samples were obtained in a manner that violates South Carolina’s implied consent laws, that the customer would have had to be “Visibly” intoxicated when he left The Getaway for liability to attach. Finally, the Court noted that the statute that prohibits sales of alcohol to intoxicated persons merely makes it illegal to “Knowingly” sell alcohol to intoxicated persons, there is no requirement that such person be “Visibly” intoxicated. On the basis of these arguments, the Supreme Court upheld the trial court’s $10 million verdict against The Getaway Lounge & Grill and its owners.
SERIOUS EFFECTS OF DUI CONVICTION CASES When one finds oneself caught up in tricky condition like driving with drinking condition, according to the drunk driving recommendations. It is always referred to take the support of experienced DUI lawyers as they can give wise strategies to get out of the situation. The underlying reason for this topic to have gained such momentum today can be traced back to the changed scenario that exists today. Some few years back driving under the influence of drinking was not considered such big a problem like it is considered today since today the penalties which an individual has to face when he is caught up by the checking team in such cases are actually very dead serious. So it is the combined effect of the penalties from Government officials and the social pressure from socialist groups like the SADD and MADD towards DUI consequences. That has granted importance to the DUI. In such cases to protect oneself from high penalties as well as to protect one’s employment from being snatched away due to driving under the influence of drinking the best option is to go for the criminal DUI defenses. This issue has today received such importance that in some states people end up losing their driving license or have to get it suspended in case they fail to take up the chemical test for any reason even like medical ground. The driver is bound to follow them as in case he fails to obey the instruction he may lose his present job and might not be allowed to take up any future job as employment is strictly banned for him being a convict and hence not allowing him to talk to his employer in any case. Then there does exist respite for the people to protect them from such situations. One can choose wisely the defense attorneys to work out brilliant strategies to ward off the DUI defense inflicted upon them.
Alcohol DUI and DWI Treatment Programs in South Carolina
If you have been pulled over and arrested for a drinking and driving offense in South Carolina there are a few things that you can do to help stay out of jail and hopefully, avoid a life changing DUI conviction. What to do if you have been arrested for drinking and driving in South Carolina. In South Carolina, driving while intoxicated is considered a misdemeanor and is subject to the state’s laws regarding driving while drunk. DWI/DUI diversion rehabs in South Carolina are very familiar with the court-mandated treatment requirements that the courts have imposed for their Court ordered alcohol rehab centers. Treatment programs in South Carolina for criminal justice clients will work with the court system to handle all the requirements for treatment to be considered time served. Getting treatment for your alcohol dependency can help you understand that the risks of drinking and driving heavily outweigh the rewards. Third Offense: 3 convictions for drinking and driving in South Carolina within 10 years of a previous conviction and the courts will order 60 days in jail with sentencing up to 3 years in prison, 2-4 years suspended driving privileges. The courts in South Carolina will order you to pay fines up to $6,3000 with a minimum of $3,800 before you are eligible for driving privileges to be reinstated. South Carolina has specific drinking and driving laws and penalties for people who have been convicted of a DUI/DWI. There are minimum and maximum fines and penalties that are at the discretion of the judge and prosecuting attorney depending on many different factors and circumstances surrounding the case. If you have an open DWI case in South Carolina, call us and we can help you locate a deferment program in your county that works with DUI and DWI offenders.