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Everyone has the Right to a Good Defense to have the Charges against Them Reduced or Dropped Altogether

Before 1980, the limit of intoxication or blood alcohol content level (BAC) set by the government for car drivers was 0.10%. To intensify the drive against drunk-driving, however, which the National Highway Traffic Safety Administration (NHTSA) then identified as one of the top causes of car accidents in the U.S., the BAC limit was lowered to 0.08%.

In some states, the crime that offenders can be charged with when caught driving with a BAC level below the 0.08 limit is driving under the influence (DUI); if caught with a BAC level above the set limit, however, then the charge becomes driving while intoxicated or driving while impaired (DWI); some states, though, make no differentiation between the two charges).

Whether one calls it driving under the influence or driving while intoxicated (DWI), or any other name, for that matter, only one thing holds true – that drunk-driving is a serious offense in all U.S. states.

The gravity of offense has also led to both nationwide and statewide campaigns and programs which, in turn, have spurred law enforcement authorities to aggressively pursue and prosecute anyone committing any type of alcohol-related offenses.

In certain occasions, however, this aggressiveness has resulted to wrongful arrests, mishandled cases, and a variety of other problems and mistakes that have greatly affected those accused, jeopardizing their rights and freedom.

Both federal and state authorities have never failed in pointing out the dangers of drunk driving: how this reckless road behavior places in great risk of serious accident the drunk driver himself/herself, but, more so, other motorists and pedestrians who share the road with him/her.

Being a serious traffic law violation, those convicted of the crime are, therefore, punished heavily thru costly fines, a jail term, suspension of driving privileges, compulsory participation in an alcohol and drug education class (or DUI School) and community service; it is also possible that he/she may be required to carry an SR-22 certification, which means higher auto liability insurance premium, and to have an interlock ignition device installed in his/her vehicle.

According to the South Carolina DMV.org, in South Carolina, penalties for a DUI/DWI would depend on the severity of offense and the number of times a driver has committed a DUI in the past 10 years. If a person drinks and drives, he will face both criminal penalties in court and administrative penalties with the South Carolina DMV.

It is also important to remember that South Carolina has an “Implied Consent” law. This law basically states that if a person drives in the state of South Carolina he/she agrees to take a chemical test if asked to do so by a law enforcement official. Due to this law, refusing a chemical test can get him/her just as many, if not more, penalties from both civil and criminal court agencies.

The painful effects of a criminal conviction do not end during or after the punishments, though; rather, these go beyond the courtroom and prison walls, and these will follow the convicted individual and affect everything else about his/her person, including career, personal life, community relationship, rights and privileges (such as right to international travel, acquisition of professional licenses) for many years.

These unjust effects of a criminal conviction make a very strong defense in behalf of the accused an absolute necessity. Contrary to the thought of many that drunk-driving cases are impossible to win, the law firm Truslow & Truslow explains that everyone has the right to a good defense to have the charges against them reduced or dropped altogether. Whether the charge against you is your first offense or you have already been charged with DUI in the past, it is imperative that your charge is resolved favorably, efficiently, and effectively to protect your livelihood.

 

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