Reese I. Joye, Esq.

Drunk Driving
( DUI / DWI / OWI )
Defense Information

Sponsored by The Joye Law Firm

Summary of South Carolina's
Criminal Law on DUI

It is unlawful to operate a motor vehicle in South Carolina while under the influence of alcohol and/or legal or illegal drugs. Code Section 56-5-2930

The arresting officer must have proof (evidence) beyond a reasonable doubt that the person’s mental and physical faculties are materially and appreciably impaired due to the ingestion of alcohol to such a degree that the person cannot operate a vehicle safely on the highways of South Carolina.

	TRIAL BY MACHINE?
Other states have enacted laws that make it a criminal offense (illegal/unlawful) to drive a motor vehicle if a person has a breath (or blood) alcohol level of .10 or greater (some states now have a criminal level of .08); this is called ILLEGAL PER SE. South Carolina does NOT have this law.

TRIAL BY JURY?
	If you have been arrested in South Carolina for DUI (Driving Under the Influence), you probably do not know that South Carolina citizens (and visitors) have a Constitutional right to a jury trial for the criminal offense of DUI. Some states have abolished that right but not South Carolina.

Article 1. Section 14. Trial by jury, witnesses; defense.

The right of trial by jury shall be preserved inviolate. Any person charged with an offense shall enjoy the right to a speedy and public trial by an impartial jury; to be fully informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to be fully heard in his defense by himself or by his counsel or by both.