DEFENDING DRIVING UNDER THE

INFLUENCE CASESDREW CARROLL, ESQ.

www.CarrollLawFirm.net

THE STATUTORY LAW DUI DUAC FDUI IMPLIED CONSENT COMPULSORY

PROCESS VIDEO RECORDING IGNITION

INTERLOCK RECORD KEEPING

56-5-2930 56-5-2933 56-5-2945 56-5-2950 56-5-2934

56-5-2953 56-5-2941 56-5-2954

DUI It is unlawful for a person to drive a motor

vehicle within this State while under the influence of alcohol to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired, under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired, or under the combined influence of alcohol and any other drug or drugs or substances which cause impairment…

DUIIMPAIRMENT CAUSES MATERIAL OR

SIGNIFICANT APPRECIABLE OR

MEASURABLE VOLUNTARY

ALCOHOL DRUGS OR

SUBSTANCES ALCOHOL AND

DRUGS OF SUBSTANCES

THE DUI DELIMA THE UNDERLYING CONDUCT IS NOT

ILLEGAL THE ACCUSATION IS FOUNDED ON

OPINION CULPABILITY IS THE RESULT OF

KNOWLEDGE AND VOLUNTARY CONSUMPTION

INFERENCES = PROOF

THE CAMPAIGNS

THE COMMON CASE BAD DRIVING ODOR OF ALCOHOL EVIDENCE OF IMPAIRMENT

OBSERVATIONS ADMISSIONS FIELD TEST PERFORMANCE BREATH TEST RESULT INFERENCE FROM A REFUSAL

DUI ALCOHOL

VOLUNTARY CONSUMPTION KNOWLEDGE OF THE EFFECT PREDICTABILITY

DUI DRUGS PRESCRIPTION

OVER THE COUNTER

ILLICITE

THE INVESTIGATION

ARREST & JAIL

DEFENDING THE CASE

START WITH THE RIGHT TOOLS HAVE A SYSTEM

KNOW THE RULES

KNOW THE SCIENCE

KNOW WHERE TO START

KNOW THE LAW

THE SYSTEM INTAKE FORMS VIDEO OVERVIEW CLIENT PHOTO FILE OPENING INSTRUCTION FORM CLIENT INFORMATION LETTER QUESTIONAIRRE CLIENT COPIES CLIENT INSTRUCTION FORM

DUI CLIENT INTAKE SHEET   LEGAL NAME:_______________________________ NICKNAME:_____________________   HOME PHONE:______________ CELL:_______________ WORK:_______________   PHYSICAL ADDRESS:__________________________________________________________   MAILING ADDRESS:___________________________________________________________   E-MAIL:______________________________________________________________________   AGE:_____ DOB:_____/______/______ WEIGHT:________ HEIGHT:___________   DRIVER’S LICENSE NUMBER:__________________________________ STATE:_________   DO YOU HAVE A CDL (COMMERCIAL DRIVER’S LICENSE)? YES/NO (Circle One)   SINGLE/MARRIED/SEPARATED/DIVORCED/WIDOWED? (Circle One)   ACCIDENT? YES/NO (Circle One) HOW MANY CARS INVOLVED? ________   IF YES, WHAT IS THE NAME OF YOUR INSURANCE COMPANY? __________________ AGENT:_______________ PHONE #:_________________ POLICY#:___________________   FIELD SOBRIETY TESTS GIVEN? YES/NO (Circle One) IF YES, CHECK WHICH ONES: Finger to Nose _______ One Leg Stand _______ Heel to Toe _______ Follow Pen/HGN _______ Count Backwards _______ Alphabet _______ Finger Counting _______ Stand Still-Look Up/Rhomberg _______ Other: ___________________   DID YOU HAVE ANYONE IN YOUR CAR WITH YOU? Y/N (Circle one) NAME OF PERSON:_________________________RELATIONSHIP:___________________   WERE THERE OTHER OFFICERS ON THE ROADSIDE? YES/NO (Circle One)   DID YOU TAKE THE BREATH TEST? YES/NO (Circle One)   DID YOU TAKE A BLOOD TEST? YES/NO (Circle One)   DID YOU TAKE A URINE TEST? YES/NO (Circle One)   DID YOU RECEIVE ANY OTHER TICKETS? (i.e. speeding, no seat belt, open container) IF YES, LIST HERE:________________________________________________________   WERE YOU VIDEO RECORDED ON ROADSIDE? Y/N? AT THE JAIL? Y/N (Circle One)  

OPENING THE FILE EVERYTHING HAS IT’S PLACE CALENDAR EVENTS MEET DEADLINES DOWNLOAD SLED VIDEO SERVE SUBPOENA FOR ROADSIDE VIDEO FILE DISCOVERY MOTION

THE RULES THE OMVH RULES

ALC RULES

SLED POLICY

THE SCIENCE AND THE LAW

VIDEO MANDATED INCIDENT SITE

BEGIN NO LATER THAN ACTIVATION OF LIGHTS

INCLUDE FIELD TESTS INCLUDE ARREST

BREATH TEST SITE INCLUDE ENTIRE PROCEDURE INCLUDE TAKING OR REFUSING ACTIONS OF TEST OPERATOR INCLUDE SUBJECT’S CONDUCT DURING 20

MINUTE OBSERVATION PERIOD

CITY OF ROCKHILL V.

SUCHENSKI

DISMISSAL OF THE CHARGE IS AN APPROPRIATE REMEDY PROVIDED BY § 56-5-2953 WHERE A VIOLATION OF SUBSECTION (A) IS NOT MITIGATED BY SUBSECTION (B) EXCEPTIONS.

CHEMICAL TEST BREATH

BLOOD

URINE

STATE V. PARKER THE MACHINE WAS IN PROPER WORKING

ORDER AT THE TIME OF THE TEST THE CORRECT CHEMICALS HAD BEEN

USED THE ACCUSED WAS NOT ALLOWED TO

PUT ANYTHING IN HIS MOUTH FOR TWENTY MINUTES PRIOR TO THE TEST

THE TEST WAS ADMINISTERED BY A QUALIFIED PERSON IN THE PROPER MANNER

STATE V. LANDON DETAILED RECORDS OF SPECIFIC

PROBLEMS WITH THE BREATH TESTING MACHINE MUST BE KEPT AT THE BREATH TESTING SITE

ONCE A D MAKES A PRIMA FACIE SHOWING OF PREJUDICE, THE BURDEN MUST SHIFT TO THE STATE TO PROVE THE D WAS NOT PREJUDICED

“SOFT” EVIDENCE FIELD SOBRITY EXERCISES

DRUG RECOGNITION “EXPERTS”

STATE V. SULLIVAN EVIDENCE RESULTING FROM THE HGN

TEST, AS FROM OTHER FIELD TESTS, IS ADMISSIBLE WHEN THE TEST WAS USED TO ELICIT OBJECTIVE MANIFESTITIONS OF SOBERNESS OR INSOBRIETY.

THE HGN SHALL NOT BE USED TO ESTABLISH A SPECIFIC DEGREE OF BLOOD ALCOHOL CONTENT.

QUALIFICATIONS

EXPERTS FIELS SOBRIETY ADMINISTRATION BREATH SAMPLE ANALYSIS BLOOD SAMPLE ANALYSIS PHARMACOLOGIST ACCIDENT RECONSTRUCTION

KNOW THE CONSEQUENCES

Penalty Section Incorporated and Expanded

Driving Under the Influence1ST 2ND 3RD 4TH & ABOVE

REFUSAL OR .09 OR LESS

$400 FINE ($992) OR 48 HOURS TO 30 DAYS IN

JAILPSE OPTION

$2100-$5100 AND 5 DAYS TO 1 YEAR

IN JAILNO PSE

$3800-$6300 AND 60

DAYS TO 3 YEARS IN

JAILNO PSE

1 -5 YEARS IN JAILNO PSE

BAC OF .10-.15

$500 OR 72 HOURS TO 30 DAYS IN

JAILPSE OPTION

$2500-$5500 AND 30

DAYS TO 2 YEARS IN

JAILNO PSE

$5000-$7500 AND 90

DAYS TO 4 YEARS IN

JAILNO PSE

2-6 YEARS IN JAIL

NO PSE

BAC OF .16 & ABOVE

$1000 OR 30 -90 DAYS IN

JAILPSE OPTION

$3500-$6500AND 90

DAYS TO 3 YEARSIN JAILNO PSE

$7500-$10,000 AND 6

MONTHS – 5 YEARS IN

JAILNO PSE

3-7 YEARS IN JAIL

NO PSE

REFUSAL SUSPENSION 1ST 6 MONTHS

2ND 9 MONTHS

3RD 12 MONTHS

4TH OR MORE 15 MONTHS

.15 OR GREATER SUSPENSION

1ST 1 MONTH

2ND 2 MONTHS

3RD 3 MONTHS

4TH OR MORE 4 MONTHS

ADDITIONAL CONSEQUENCES

LIFE TIME RECORD ENHANCEMENT IF PRIOR DUI OR DUAC

WITHIN 10 YEARS ONLY 1 RR DL EVER IGNITION INTERLOCK IF 2ND OR

SUBSEQUENT CONVICTION SUSPENSION OF REGISTRATION AND PLATES MUST PAY FOR TEST IF CONVICTED ADVERSE IMPACT ON PROFESSIONAL

LICENSES ADVERS IMPACT ON EDUCATIONAL

OPPORTUNITY

CASE CITES ROCKHILL V. SUCHENSKI, 374 S.C. 12,

646 S.E. 2D 879 (S.C. 2007) STATE V. SULLIVAN, 426 S.E. 2D 766 (S.C.

1993) STATE V. PARKER, 271 S.C. 159, 245 S.E.

2D 904 ( S.C. 1978) STATE V. LANDON, 370 S.C. 103, 634 S.E.

2D 660 (S.C. 2006)