Charleston Family Law Attorney Charleston Divorce Lawyer Charleston Criminal Attorney Charleston DUI Lawyer
Futeral & Nelson 843-284-5500 1004 Anna Knapp Blvd.
Mt. Pleasant, SC 29464
Give Us Your Problems. We'll Give You Solutions.
Charleston Family Law Attorney Charleston Divorce Lawyer Charleston Criminal Attorney Charleston DUI Lawyer
Futeral & Nelson 843-284-5500 1004 Anna Knapp Blvd.
Mt. Pleasant, SC 29464
If you'd like for us to send you an email when the book is updated, please fill out and send this form.
Charleston Family Law Attorney Charleston Divorce Lawyer Charleston Criminal Attorney Charleston DUI Lawyer
Futeral & Nelson 843-284-5500 1004 Anna Knapp Blvd.
Mt. Pleasant, SC 29464
If you'd like for us to send you an email when the book is updated, please fill out and send this form.
Charleston Family Law Attorney Charleston Divorce Lawyer Charleston Criminal Attorney Charleston DUI Lawyer
Futeral & Nelson 843-284-5500 1004 Anna Knapp Blvd.
Mt. Pleasant, SC 29464
If you'd like for us to send you an email when the book is updated, please fill out and send this form.
Futeral & Nelson 843-284-5500 1004 Anna Knapp Blvd.
Mt. Pleasant, SC 29464
If you'd like for us to send you an email when the book is updated, please fill out and send this form.
Futeral & Nelson 843-284-5500 1004 Anna Knapp Blvd.
Mt. Pleasant, SC 29464
Send a message to Thomas Nelson.
Futeral & Nelson 843-284-5500 1004 Anna Knapp Blvd.
Mt. Pleasant, SC 29464
Send a message to Stephan Futeral.
Futeral & Nelson 843-284-5500 1004 Anna Knapp Blvd.
Mt. Pleasant, SC 29464
Send a message to Kelsey Futeral.
Futeral & Nelson 843-284-5500 1004 Anna Knapp Blvd.
Mt. Pleasant, SC 29464
If you'd like for us to send you an email when the book is updated, please fill out and send this form.
Futeral & Nelson 843-284-5500 1004 Anna Knapp Blvd.
Mt. Pleasant, SC 29464
If you'd like for us to send you an email when the book is updated, please fill out and send this form.
Futeral & Nelson 843-284-5500 1004 Anna Knapp Blvd.
Mt. Pleasant, SC 29464
If you'd like for us to send you an email when the book is updated, please fill out and send this form.
Futeral & Nelson 843-284-5500 1004 Anna Knapp Blvd.
Mt. Pleasant, SC 29464
Send a message to Tiffany Rogers

Charleston DUI Lawyer Discusses Jury Trials for DUAC

  • DUI Jury Trials ▪ Charleston DUI Lawyer

Many Charleston DUI and criminal defense lawyers have speculated that South Carolina’s DUI law (Driving With An Unlawful Alcohol Concentration) takes away a person’s right to a trial by jury (which has been done in other states under their per se illegal statutes). This is not correct. The law also states:

A person who violates the provisions of this section is entitled to a jury trial and is afforded the right to challenge certain factors including, but not limited to, the following:

(1) whether or not the person was lawfully arrested or detained;

(2) whether or not probable cause existed to justify the stop;

(3) the period of time between arrest and testing;

(4) whether or not the person was advised in writing of

[their rights to refuse the test];

(5) whether the person consented to taking a test . . .and the:

(a) reported alcohol concentration at the time of testing was ten one-hundredths of one percent or more;

(b) individual who administered the test or took samples was qualified . . .;

(c) tests administered and samples obtained were conducted pursuant to [South Carolina law and regulations]; and

(d) machine was working properly.

Nothing contained in this section prohibits the introduction of:

(1) the results of any additional tests of the person’s breath or other bodily fluids;

(2) any evidence that may corroborate or question the validity of the breath or bodily fluid test result including, but not limited to:

(a) evidence of field sobriety tests;

(b) evidence of the amount of alcohol consumed by the person; and

(c) evidence of the person’s driving;

(3) a videotape of the person’s conduct at the incident site and breath testing site . . .; or

(4) any other evidence of the state of a person’s faculties to drive which would call into question the results of a breath or bodily fluid test.

Get Your Free Book on DUI in South Carolina Now!

If you've been arrested for DUI, then you may be worried about what to do next. Our FREE eBook will help!

DUI in South Carolina - Piecing It All Together

This FREE book for drivers has practical information on South Carolina’s laws and effective defense strategies including the laws of DUI & DUAC, the legal procedures, implied consent hearings, field sobriety tests, the DMT DataMaster breath test machine, the penalties & costs for a DUI, how to be an effective witness, and much more.

GET THE FREE BOOK!

Charleston DUI Attorneys

If you’ve been charged with a DUI in Charleston, Dorchester, or Berkeley counties, call us for a free consultation.

Contact Us Now!

Need a DUI defense lawyer in Charleston?

Call Futeral & Nelson, LLC today for a FREE consultation. 843-284-5500.
Contact Us Now!
Loading Facebook Comments ...

Leave A Comment