Police departments, the Highway Patrol and sheriff’s offices announce enhanced patrols every Thanksgiving week. They routinely set up DUI checkpoints throughout Lexington County, Richland County and neighboring areas. You can expect to see increased blue lights, slowdowns and checkpoint activity on major roads as well as neighborhood cut-throughs. Officers will be watching for any signs of possible impairment including speeding, weaving, sudden stops, driving too slowly or even minor equipment issues. A cracked taillight, dim tag light or a lane violation can be enough to justify a traffic stop that leads to a full DUI investigation. Because checkpoint cases involve strict constitutional and procedural requirements, an attorney familiar with checkpoint defenses can help determine whether the stop was lawful.
Blackout Wednesday is one of the heaviest drinking nights of the year. Many people who do not normally drink may go out with friends and may not realize how quickly alcohol can affect their judgment, reaction time and ability to drive safely. Even someone who feels fine may test over the legal limit or may be accused of impairment based on the officer’s observations. These observations often include the standardized field sobriety tests. I have been qualified as an instructor in the same field sobriety curriculum used by South Carolina law enforcement, which allows me to closely evaluate whether the tests were administered and interpreted correctly.
It's important to understand that it is not illegal to drink and drive in South Carolina. South Carolina’s DUI law is also not violated by any specific reading from the police breath machine. What is illegal is driving while materially and appreciably impaired. This is a subjective standard, meaning it’s more about how alcohol affects you personally than it is how much you actually consumed.
Thanksgiving weekend also leads to a large number of DUI arrests stemming from single-vehicle collisions, minor fender-benders or more serious crashes involving other motorists. Highway Patrol, sheriff’s deputies and city police departments throughout the Midlands place special emphasis on these cases because of the holiday traffic volume. I have handled DUI cases involving collisions of every type, including those with high reported BAC levels, refusal cases and situations where implied consent suspensions are triggered. Many people are surprised to learn that they may still challenge an implied consent suspension, even if the officer did not fully explain their rights at the scene.
For more than twenty years I have represented people charged with DUI throughout South Carolina. I am the author of South Carolina DUI Defense: The Law and Practice, and I am a member of the National College of DUI Defense. My practice routinely includes defending second and third offense cases, felony DUI charges and cases that involve complex medical, scientific or procedural issues. Experience matters in these situations because a single mistake in how evidence is collected, stored or presented can have a major impact on the outcome.
If you are stopped this week, remember that you have the right to remain calm and polite. You are not required to answer questions about where you have been or what you have had to drink. You are also not required to participate in field sobriety tests. The decision whether to provide a breath sample is up to you, but refusing a test can trigger an implied consent suspension. These suspensions can often be challenged, and many people are eligible for a temporary license while their challenge is pending.
Approximately 70% of those arrested for DUI in Lexington or Columbia lose their driver’s license due to the implied consent suspension. This can be for either refusing a breath, blood or urine test, or providing a breath sample of 0.15% or higher. If you’re license was taken as part of a DUI arrest we can help you restore your license fast, usually within 2 business days. You do not have to wait on your court date, in fact that court date has nothing to do with the implied consent suspension or reinstating your license. We help by filing paperwork with the Office of Motor Vehicle Hearings to challenge the implied consent suspension. Once this paperwork is processed and the DMV is notified they will be able to issue you a replacement valid driving credential, again often within 2 business days.
A DUI arrest over a holiday weekend can create serious concerns about your job, your driver’s license and your criminal record. South Carolina DUI law is complicated and what you read online is often not specific to how our courts operate (and while Chat GPT can be great for some things, it’s terrible for legal advice). If you or a loved one are charged with DUI in Lexington, Columbia or anywhere in South Carolina over the Thanksgiving holiday, professional guidance can help you understand your options from the very beginning. Same-day appointments are typically available. Call (803) 359-3301 to schedule a consultation.
All cases are unique and prior results obtained by the attorney in one matter do not indicate similar results can be obtained for other clients in other matters.