Fort Jackson DUI Lawyer

Some of the most common criminal cases that take place in South Carolina courts are those that allege drunk or impaired driving.  State law makes it clear that it is illegal to drive anywhere in the State while under the influence of alcohol or drugs to the extent that this the substance impairs a person’s ability to control the vehicle (mental and physical facilities are materially and appreciably impaired).

Of course, this also applies to roads on Fort Jackson.  Members of the military police are on the lookout for drunk drivers, and all individuals must follow the law, whether on active duty or a simply a visitor.  An arrest for DUI drunk driving at Fort Jackson will result in the case being heard at a United States District Court for South Carolina.  Even though this court must apply state law to the case, the result of a conviction can be devastating.

A Fort Jackson DUI lawyer may be able to help.  They can explain the laws regarding driving under the influence, and why they apply to Fort Jackson in federal district court in South Carolina.  In addition, they can work with individuals in federal court to fight these allegations and to protect a person’s freedom and ability to drive.

Laws Regarding Driving Under The Influence

Everyone knows that it is illegal to drive drunk in South Carolina.  However, this State’s DUI law is more nuanced than this.  According to South Carolina Code §56-5-2930, it is illegal to drive while under the influence of alcohol or any drug to the extent that this substance impairs a person’s ability to drive.  A police officer, or military police in the case of Fort Jackson arrests, must be able to come to this determination through a combination of observations and tests (breath, urine, or blood).

The potential penalties for a driving under the influence, first offense, depend on the extent of a person’s alleged intoxication.  A common DUI applies when a defendant’s blood alcohol content (BAC) is less than .10 percent.  Here, a penalty may be a maximum fine of $400 or imprisonment for between two and thirty days. If the BAC is between .10 and .16 percent, the maximum fine increases to $500, and the minimum jail time is 72 hours.  The most extreme DUIs are those alleging a BAC level of above .16 percent.  Here, the fine can increase to $1,000, and the minimum jail time can be 30 days.

A Fort Jackson DUI attorney could help to challenge these allegations in court.  Especially since a conviction also requires participation in an Alcohol and Drug Safety Action Program (ADSAP), and a judge must suspend a driver’s license of six months, it is vital to immediately begin preparing the best defense possible.

What Effect Will the Arrest Taking Place at Fort Jackson Have on the Case?

The State’s laws concerning drinking and driving apply to all roads in the State.  This includes roads that pass through Fort Jackson.  All active-duty members of the military and visitors to the base must be sure to be sober while behind the wheel.

Members of the military police have the authority to make arrests based on South Carolina law.  They then refer the case to the United States District Court of South Carolina for prosecution.  This is because all alleged criminal offenses that take place on federal property fall under the jurisdiction of the federal courts.  These courts will try the case before a federal judge and will have a federal prosecutor.  Even so, these courts must apply State driving under the influence laws and can only issue penalties according to these statutes.  A knowledgeable Fort Jackson DUI attorney could help to provide powerful defenses against drunk driving allegations in federal courthouses.

Let a Fort Jackson DUI Lawyer Take the Lead in the Defense

If you are facing allegations of drunk driving on Fort Jackson’s roads, it is imperative that you act quickly to protect yourself.  Convictions can lead to a mandatory six-month suspension of your license and could require you to pay heavy fines or serve mandatory jail sentences.

Fortunately, DUI cases are among the most defensible in State law.  A Fort Jackson DUI lawyer could possibly find problems in the prosecutor’s case that range from an inappropriate traffic stop, illegal search and seizure, to improper blood or breath testing, to inconsistent arresting officer testimony.  An attorney could help to present powerful evidence in the United States District Court of South Carolina that preserves your ability to drive and prevents a criminal conviction from entering your records.  Contact a Fort Jackson DUI lawyer today to schedule a consultation.