A: DUI in SC depends on a number of factors and this part of the law is very nuanced. There is also a deadline to file certain documents such as the request for an administrative hearing. When dealing with substances, there are "therapeutic levels" for certain substances. This may require an expert to review the chemical analysis of what law enforcement claims. An experienced lawyer should be able to help guide the arrestee through this murky part of our legal system.
A: In SC the State has to prove each of these elements of first degree burglary:
1. entering a dwelling,
a. without consent AND
b. with the intent to commit a crime
c. at night or remaining there until nighttime
c. by a person with a prior record of two or more convictions for burglary
c. while entering or while inside the dwelling or while in immediate flight the defendant or another participant
i. is armed with a deadly weapon (including explosives) or
ii. causes physical injury to a nonparticipant or
iii. uses or threatens use of a dangerous instrument or
iiii. displays a knife/firearm or what looks like a knife or firearm
A: An ownership interest in the dwelling will not preclude a conviction of burglary as a matter of law. The jury would have to determine under the totality of circumstances if the defendant used the dwelling in such a manner that it could be said to be his/her home. The test will be if under the totality of circumstances a burglary defendant had custody and control of, and the right and expectation to be safe and secure in, the dwelling that was allegedly burglarized.