The Law Office OfA.Randolph Hough, P.A
DUI - Criminal Defense
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When is overserving a legitimate DUI defense?

It is important to know that a DUI charge in the state of South Carolina leads to a criminal record for the rest of your life. This can have far-reaching effects on your ability to have a good job and accomplish certain things. If you believe that your intoxication was not your fault for one reason or another, it is worthwhile to take a stance and to defend yourself from the criminal charge.

If you were drinking in a bar before driving and got arrested on suspicion of driving under the influence of alcohol, you may have been fairly confident that you were under the limit. You remembered the drinks that you ordered and the amounts that you requested: You were confident that such an amount of alcohol would not have caused any problems in regard to your sobriety.

If this is the case, it is likely that you were confused when your Breathalyzer test resulted in a much higher score than you imagined. As a result, you may be wondering about the possibility that you were over-served in the bar.

Similarly, if you became intoxicated in a bar and the bar continued to serve you alcohol, you, as the customer, become legally protected under the dram shop law. This is because all servers of alcohol in the United States have the legal responsibility to refrain from serving an obviously intoxicated customer.

Understanding the dram shop law and how it could protect you

If it can be proven that an establishment continued to serve alcohol to a person who was clearly intoxicated, the establishment in question thereby becomes legally liable to anyone injured by this intoxicated person. A DUI charge can be challenged successfully and liability could be transferred onto the establishment that sold you the alcohol.

If you believe that you were over-served and became unintentionally intoxicated, or if a bar continued to serve you alcohol after you became intoxicated, you may be able to take legal action against them. It is important that you look into the many ways that you could defend yourself from a DUI charge in South Carolina.

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