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Off-Duty N. Charleston Officer Arrested for DUI

After Early Morning Wreck, Off-Duty Police Officer Arrested for DUI

charged with felony DUIThe South Carolina Highway Patrol troopers arrested an off-duty North Charleston police officer early in the morning on August 22nd on DUI charges.

According to reports, troopers responded to a call about a car accident that occurred just before 1 AM near Highway 78.

Stanley Tucker, a 27-year-old off-duty police officer for North Charleston, was driving home in his 2005 Chevrolet pickup when he struck a 2012 Chevy sedan, which was turning left onto Highway 78.

Tucker is currently being held in the Charleston County Jail on DUI charges. He was granted a $997 personal recognizance bond at a hearing on Thursday morning.

No injuries were reported in the DUI accident.

DUI Charges in South Carolina

The primary determining factors of DUI are whether:

  • the defendant was driving,
  • the accused was driving a motorized vehicle,
  • he/she was on the road, and
  • he/she was materially and appreciably impaired at the time of driving such that it impaired your judgment and ability to drive with a steady hand.

While some are more easily determined than others, the most vital question appears to be whether the defendant was actually materially and appreciably impaired.

Under the new DUI statute, the proof rests on a mere reading of a machine to determine the culpability of a suspected DUI driver. These statutes, often referred to as per se, define DUI as driving a motor vehicle on a road or highway with a blood alcohol level of at least .08.

The State must show that you were impaired at the time of driving. Quite often the test is taken a few hours later and, if you had consumed alcohol just before driving, the test would be higher than your actual level when driving.

First Offense DUI in South Carolina

If you are over 21 and you are convicted of DUI, your blood alcohol level (BAC) will be used to dictate the severity of your sentence for each type of offense (first DUI offense, second DUI offense, etc.).  Keep in mind that the fines set forth below will more than double when you add in court costs and fees.

If your BAC is between .08% and .09%:

  • Jail sentences for a first DUI can range from 48 hours to a maximum 30 days, although community service can be given in lieu of jail time.
  • Fines can range up to $400, plus court costs and fees.
  • You will additionally lose your driver’s license for six months.

If your BAC is between .10% and .15%:

  • Jail sentences for first DUI charges can range from 72 hours to a maximum 30 days, although community service can be given in lieu of jail time.
  • Fines can range up to $500, plus court costs and fees.
  • You will additionally lose your driver’s license for six months.

If your BAC is .16 or higher:

  • Jail sentences for first DUI charges can range from 30 days to a maximum 90 days, although community service can be given in lieu of jail time.
  • Fines can range up to $1,000, and you are required to enroll and successfully complete an Alcohol and Drug Safety Action Program(ADSAP).

The Strom Law Firm Can Help with DUI Charges

If you or a loved one has been charged with DUI, whether first offense or felony DUI, contact a South Carolina DUI Lawyer at the Strom Law Firm, LLC today. We offer free, confidential consultations to discuss the facts of your case. Contact us for help. 803.252.4800.

About Pete Strom

Defending criminal charges including drug crimes, DUI, CDV, mail fraud, wire fraud, bank fraud, computer crimes, money laundering, and juvenile crimes, Pete also handles Federal and State investigations. Representing individuals in Civil Matters including Class Actions, Personal Injury, Qui Tam Actions, Defective Products, Nursing Home Neglect, and Professional Licensing Defense cases. Joseph Preston “Pete” Strom, Jr., the managing partner at Strom Law Firm, L.L.C., has been fighting for justice since 1984.

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