Emma’s Law

What Is “Emma’s Law”?

DUI Defense AttorneyDriving while being intoxicated is nothing we condone, and the State of South Carolina is cracking down on the punishments for those found guilty of their DUI charges. Starting the first of October of last year, Emma’s Law went completely into effect around the State.

What Does Emma’s Law Do?

You can find the wording of the law HERE, but in short, you must pay to install an ignition interlock program into your vehicle, or any vehicle you may drive during the length of time the judge decides. You will also probably lose or have your license suspended. You must hand your license over to the DMV, too. And if you drive without your license, or violate the limited license order, the punishments that follow are extremely severe.

Ignition Interlock Program

This will physically prevent your car from starting, if the driver blows anything over a .02. The device will record and report your BAC when you blow into the breathalyzer.

What Else To Know?

Because of Emma’s Law, you need now, more than ever, to hire an experienced DUI Defense Attorney. You future, your freedom, your license, and your career are at risk. Call us today.

Underage Drinking And Driving

A Zero Tolerance Policy For Underage DUIs

Underage DUI Defense AttorneyIf you are a person under the legal drinking age of 21 who is the operator of any motor vehicle after drinking alcohol, you will almost assuredly face The Palmetto State’s zero tolerance policy for drinking and driving if you’re caught. If you are caught drunk driving or even “buzzed driving” (BAC is .02) you can be charged with underage drinking and driving. This will automatically result in the suspension of your drivers license (or permit) for a 3-month minimum.

If You’re Convicted Of An Underage DUI (Under .08 BAC)

If you’re under the drinking age and your BAC is in between .02 and .08, youre license (or permit) may be suspended or withheld for 3 to 6 months (6 months if your second offense within 5 years). If you refuse a chemical test, your license will be suspended for 6 months (or a year if it’s your second offense within 5 years).

You may have your driving privileges restored if your case is pending after an Administrative Hearing.

If You’re Convicted Of An Underage DUI (Over.08 BAC)

If you’re under the legal drinking age, and your BAC is legally intoxicated for adult-limits, you may be arrested for drunk driving, and you will be charged as an adult. Again, zero tolerance policy.


Drunk driving is extremely serious. You may lose your scholarship, or not even be eligible for a state-sponsored scholarship. If you’ve got a passenger in the vehicle with you, you may be charged with child endangerment if they’re younger than 16. Other criminal charges may be filed against you. You career opportunities may be severely handicapped, too if you’re convicted.

Due to all of this, it is imperative that you contact an Underage DUI Defense Attorney ASAP. Don’t ruin your life or risk your future–let an experienced attorney fight for you.

Driving Under the Influence (of Drugs)

DUI In South Carolina

DUID LawyerIf you get behind the wheel of a vehicle under the influence of drugs–prescribed or otherwise, you can be charged with Driving Under the Influence. Many states, including ours, are cracking down on DUI charges, and are instituting more and more laws to make this a much more straight-forward offense. Something to also keep in mind is that if you’re under the influence of any illegal drug, you could also be charged with drug charges (criminal charges, which, in SC, can be extraordinarily harsh if found guilty of them).

Penalties of DUI Conviction:

The same penalties for DUID or sleep driving are the same as our DUI laws. SC takes these cases incredibly seriously, and has a zero-tolerance policy for drunk driving, or driving under the influence of drugs. The possible penalties include:

  • Suspended or revoked license or permit;
  • Prison sentence;
  • Monetary fine;
  • Mandatory drug and alcohol education programs;
  • Community service; and/or
  • SR-22 insurance.

Keep in mind, your future and career could be at stake due to you loss of drivers license and criminal record.

How Do I Get Charged?

If you’re pulled over and arrested for a DUI, you will be asked to take a screening test, during which, they test your urine for the presence of drugs. Many of these cases depend on circumstantial evidence such as how you were driving, your appearance when pulled over by the arresting officer, a field sobriety test, the result of you chemical screening, and testimony of an expert.

Due to all of this, if you’re arrested and charged with DUI, it’s critical that you contact a DUI Attorney ASAP. They will aggressively fight to protect your future and make sure the evidence brought against you is more than circumstantial.

Reducing a DUI To Reckless Driving

DUI Charges Being Reduced To Reckless Driving

South Carolina DUI AttorneyThe number of DUI charges in the United States and in South Carolina are on the rise. More and more laws are being instituted in order to combat this tragic phenomenon like Emma’s Law here in SC. If you are convicted of a DUI charge, the consequences of your action are severe. Being found guilty of a DUI charge could:

  • Negatively impact your driving record;
  • Require you to get SR-22 automobile insurance;
  • Affect your career (due to criminal record as well as inability to get to your job or workplace);
  • Result in you losing your professional license;
  • Require your installation of an ignition interlock device on any vehicle you own or could drive (Emma’s Law);
  • Shell out heavy monetary fines;
  • Mandatory attendance of alcohol classes; or
  • Result in your imprisonment.

To combat these charges and possibly reduce your DUI charge to reckless driving (or get the charges dismissed) you need to retain a DUI Attorney at the soonest possible convenience.

Reckless Driving?

We will thoroughly investigate your case and try to find all of the flaws in the prosecution’s case against you. We may be able to challenge certain aspects of the charges the prosecution has leveled against you including investigating:

  • Whether or not the officer had probable cause to pull you over in the first place;
  • Where your Miranda rights were read–if at all;
  • Was your implied consent made aware to you by the arresting officer?

You Freedom Is At Stake

Let us use our years of experience to work for you to provide a strong and aggressive defense. We will seek to have the prosecution reduce your charges to reckless driving or even dismiss your charges entirely. The consequences of a conviction can be life-changing, and you deserve to have strong representation.