Kulp & Elliott blog posts relating to blood alcohol testing.
If you get into a scrape with the law, you may end up on probation as a result of a conviction or plea agreement. Maybe you were convicted of simple possession. Perhaps you were caught vandalizing a building. Whatever the case may be, now you have landed a probation sentence and are stuck having to [...]
If you have been convicted of a charge for driving under the influence, you may be wondering how this conviction can impact your life beyond the typical penalties. Maybe you are considering moving. Maybe you are considering relocating to a different country. Before you pack your bags and start driving toward the border, you need [...]
“You have the right to remain silent. Anything you say can and will be used against you in a court of law… “ Whether from watching TV shows, reading books, or even personal experiences, most people have heard at least a portion of the Miranda rights. If you are ever questioned by police, your [...]
Hollywood and the media like to glamorize criminal court proceedings. Whether you watch a movie or TV show that portrays a fictional case, or the news coverage of a real-life case, what you are seeing is the highlight reel. Unfortunately, those snapshots and soundbites oversimplify the complex nature of criminal courts. The incomplete portrayals of [...]
How can you support family or friends who are in prison or who are being held at a local jail? Whether they have been arrested and charged recently, they are awaiting trial, or they have been convicted of a criminal offense and sentenced to time in prison, this is possibly the darkest and most difficult [...]
You should never resist an officer’s attempt to bring you into custody, even if you do not believe the arrest is warranted. Resisting Arrest is illegal under SC Code Section 16-9-320 and Section 16-3-625. South Carolina’s criminal court system deals out harsh penalties for resisting law enforcement. Besides the immediate penalties of possible fines and [...]
There has been discussion in the news recently regarding the right a person has to an independent test when they are arrested for DUI. In one article I read, a couple of my lawyer colleagues who were interviewed didn’t get the law of this topic exactly correct. Granted, it is complicated. But the right to [...]
One very important aspect of DUI and DUAC cases in South Carolina, or anywhere for that matter, is what the “legal limit” of alcohol even is!! It may seem confusing, but in SC thinking of DUI’s and DUAC’s in terms of violating the “legal limit” is wrong. But how can this be? When we watch [...]
[divider_line] From .08 to .05 - should the DUI inference level be lowered? Currently under South Carolina DUI law, a breath device reading of .08 of one percent creates an "inference" that a driver's mental faculties to drive are impaired from the ingestion of alcohol. This inference level has changed over the years. When I [...]
I Am Always Happy to Answer DUI and Criminal Law Questions for the Media. As a lawyer handling DUI and Criminal Defense Cases in South Carolina for over thirty years, I had a treat today when Channel 5 WCSC reporter Harv Jacobs came to my office to interview me. Harv sought my opinion [...]
