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How to get my license back after a DUI

How to get my license back after a DUI When you have been charged with a DUI your license will be suspended if you fall under one of two categories: 1) refused to provide a breath sample; or 2) provided a breath sample that was greater than 0.15%. You are told that your license will be suspended for six (6) months if you refuse to blow or one (1) month if you blew over 0.15%.  Does this mean you have no options to get a DUI license?  No, you can drive lawfully if you request an administrative hearing but you must do so within...

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Do police need a warrant to draw blood

[vc_row triangle_shape="no"][vc_column][vc_column_text] Do police need a warrant to draw blood? In Birchfield v. North Dakota, the U.S. Supreme Court heard arguments on whether police need a warrant to perform a DUI blood test and held that the Fourth Amendment permits warrantless breath tests inci­dent to arrests for drunk driving but not warrantless blood tests.  The broader impact of this decision applies to those states that make it a crime to refuse a breath test.  South Carolina does not make it a crime to refuse a breath test but your license will be suspended through an administrative process which is not criminal in...

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Can you get a DUI on Private Property in South Carolina

Can you get a DUI on Private property? Every now and then I get a call that asks can you get a DUI on private property in South Carolina.  There is a misconception that because you are on a private road, whether it is yours or someone else's, then you cannot be arrested for DUI. Unfortunately, the answer to that question is YES, you can be arrested on a private road for DUI in South Carolina.  Under South Carolina law there is no “private property” exception that prohibits you from being prosecuted for DUI.  The police will still have to go through the...

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Dram Shop Liability

[vc_row triangle_shape="no"][vc_column][vc_column_text] Dram Shop Liability If you have been injured by a drunk driver, you may have a claim against more than the driver.  In certain cases, there could be a claim against the bar, restaurant, etc. that allowed the drunk driver to consume alcohol before the accident. This is called Dram Shop liability. What Is Dram Shop Liability? A dram shop claim imposes civil liability when a business such as a bar, restaurant, liquor store serves alcohol to an obviously intoxicated person that the business knew or should have known was intoxicated.  A dram shop claim is part of your personal injury lawsuit and can...

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Is it a crime to refuse the DUI breath test?

Is it a crime to refuse the DUI Breath test? You’ve been pulled over by the police for suspicion of drink driving and they want you to provide a DUI breath test sample or blood sample.  Is it a crime to refuse the DUI breath test or provide a blood sample without a warrant?  Luckily in South Carolina the answer is no, but in many other states it is a crime (13 states in fact, Alaska, Hawaii, Florida, Indiana, Kansas, Louisiana, Minnesota, Nebraska, North Dakota, Rhode Island, Tennessee, Vermont, and Virginia).  That's right, simply refusing to submit to a breath test or...

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