It is unlawful for a person to drive a motor vehicle within the State of South Carolina while under the influence of alcohol, drugs, a
combination of alcohol and drugs, or substances that cause impairment to the extent that the person's faculties to drive a motor vehicle are materially and appreciably
impaired. A conviction for driving under the influence includes penalties from the State of South Carolina, The South
Carolina Department of Motor Vehicles (SCDMV), and can have a negative impact on professional and educational opportunities long after sentencing andDMV
penalties have expired. Now more than ever it is important to view legal advice coming from non-lawyers on the internet or social media with skepticism. Unreliable legal advice from non-lawyers can have a negative impact on a DUI case from both a procedural and substantive standpoint. A consultation with Seneca DUI Lawyer
Travis Newton can provide answers that lead to informed decisions on how to proceed.
Seneca DUI Lawyer Travis Newton investigates state evidence for clients charged with driving under the influence. The discovery process
protects defendants accused of driving under the influence from trial by ambush while enforcing the right of DUI lawyers to investigate evidence gathered by the arresting police officer. The state of
South Carolina has a continuing obligation to disclose all evidence in its possession to opposing DUI attorneys including incident reports, forensic lab reports, toxicology lab results, DUI traffic
stop videos, DUI breath test videos, breath alcohol analysis test reports, witness statements, and all other items of material and exculpatory evidence. Included in The State of South Carolina's
continuing obligation to disclose exculpatory evidence is any information that could exonerate a defendant or potentially impeach the credibility of an unfavorable witness.
Are Standardized Field Sobriety Tests Reliable?
It is not uncommon for a motorist whose faculties are not materially and appreciably impaired to exhibit the same clues police use
to identify impaired drivers. The physiological response to being pulled over by police often activates the sympathetic nervous system triggering acute stress responses that mimic signs of
impairment. The experiments used in the development of standardized field sobriety tests were performed in a lab omitting the fear of life-altering penalties as a consequence of failure. If
driving privileges are suspended for refusing to submit a breath, blood, or urine sample for chemical testing or for registering an alcohol concentration of .15 or higher there are important filing
deadlines that if missed will disqualify eligibility for the temporary restoration of driving privileges pending a contested case hearing in the South Carolina Administrative Law Court. To learn
more about the flawed science behind standardized field sobriety tests call Seneca DUI Attorney Travis Newton for a free consultation.
What is an Ignition Interlock Device?
South Carolina’s Ignition Interlock Device (IID) Program is managed by the Department of Probation,
Pardon, and Parole. The interlock consists of a relay module that is wired into the vehicle ignition system. The device draws a portion of the motorist's breath sample into a fuel cell sensor. The
presence of alcohol in the sensor chamber causes the fuel cell to output an increased electrical current which is measured and then translated into an equivalent blood alcohol concentration. If the
result of the test is below an alcohol concentration of .02 an encrypted signal is sent to the relay allowing the vehicle engine to start. If the test result is above .02 the vehicle’s ignition
system will remain locked. When the device is unlocked the IID is designed not to interfere with the normal operation of a vehicle so while the device can prevent a vehicle from starting, it will not
shut down a running vehicle.
Travis A. Newton DUI Attorney Seneca, SC
Seneca DUI Attorney Travis Newton can answer your questions and review the facts of your casewith a free initial consultation.Travis Newton and the staff at Travis Newton Law P.A. keep clients well-informed of important legal
deadlines, court appearances, and matters concerning the South Carolina Department of Motor Vehicles. Travis Newton is
Lead Counsel Verified by Thomson Reuters for DUI Defense since 2015 and is a founding member of the American Association of Premier DUI Attorneys. Attorney Newton defends clients charged with driving
under the influence in Upstate Summary and General Sessions Courts including the City of Seneca Municipal Court, Oconee County Magistrate Court, and the Oconee County Court of General Sessions. There
are important filing deadlines for challenging suspended driving privileges from an alleged implied consent violation so do not wait to contact a DUI Lawyer.
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