Shaw Air Force Base DUI Lawyer

Every driver on the State’s roads has an obligation to not place others at an unreasonable risk of harm. This applies equally to local roads and streets as it does to paths within Shaw Air Force Base. In addition, the military police at Shaw have the ability and authority to investigate apparent driving under the influence (DUI) offenses and to make arrests.

When these arrests occur, the case is transferred to the United States District Court of South Carolina for prosecution. Here, a defendant must defend themselves against these serious allegations. A conviction will result in the creation of a criminal record and the suspended driver’s license. A court may also order the payment of a fine or a lengthy jail sentence.

A Shaw Air Force Base DUI lawyer may be able to help. They can provide more information about how the State’s DUI laws affect Base traffic and to promote effective defenses against these charges in federal courtrooms.

DUI Laws that Apply to Shaw Air Force Base

The State’s law concerning DUI applies to all roads and streets that are held open to the public. The roads within Shaw Air Force Base are no exception. A person who drives while intoxicated or under the influence of drugs violates these laws regardless of location.

Specifically, according to South Carolina Code §56-5-2930, it is against the law for any person to drive a motor vehicle while under the influence of either drugs or alcohol. An arrest may center around scientific evidence, such as a blood test, or an arresting officer’s opinion concerning impairment.

If a member of the military police makes an arrest, the case will go to the United States District Court of South Carolina. This is because only federal courts have the jurisdiction to hear allegations of criminal offenses that take place on federal property. As a result, this same concept applies to allegations of crimes on VA land, national parks, and within the courthouses themselves.

Even so, these federal courts must apply state law when pursuing prosecutions. A Shaw Air Force Base DUI attorney could provide more information about these state laws and promote effective defenses in federal courtrooms.

Promoting an Effective Defense in Federal Court

Every criminal case places the burden on the prosecutor to prove a defendant’s guilt beyond a reasonable doubt. DUI allegations that arise on Shaw Air Force Base are no exception. According to the statute, this means that a prosecutor does not need to demonstrate a specific level of intoxication for a conviction. They merely need to prove that a defendant suffered impairment due to using drugs or alcohol (mental and physical facilities were materially and appreciably impaired).

A Shaw Air Force Base DUI attorney could use this law to craft a defense specifically tailored to a defendant’s case. At first glance, an attorney may argue that a defendant was not “driving” as defined in the statute. This can apply to arrests that affect people in backseats attempting to sober up before driving. An attorney may also be able to call the legitimacy of breath tests into question, especially if an arresting officer did not properly calibrate or maintain the machine. Finally, in cases that center around an officer’s observations, provide alternative theories for why a defendant appeared to be intoxicated or did not comply with the video recording statute. A knowledgeable Shaw Air Force Base drunk driving attorney may help drivers avoid license suspensions, the payment of fines to the Central Violations Bureau, and jail sentences.

Retain the Services Of A Shaw Air Force Base DUI Attorney

Every person who faces accusations of wrongdoing needs to act quickly to protect themselves. This may include preparing a defense in federal court against allegations of DUI. The State’s DUI statute provides harsh penalties for first-time offenders. Especially for members of the military, a conviction could have serious collateral consequences.

A Shaw Air Force Base DUI lawyer could help to create reasonable doubt during federal criminal trials. They can help to explain why the case is in federal court and what to expect during the process. Finally, they can work with you to explain the relevant laws and to craft a defense to protect your freedom and reputation. Schedule a consultation today to learn more about how an attorney can help.