Legal Question in Criminal Law in South Carolina

I assume your asking what the drug charge is all about. The DUI speaks for itself and I assume you understand that. Its simply a second offense DUI and his breathalyzer results were .16, which registers how much alcohol the breath testing machine indicated was in his system.

As to the other charge, that gets rather confusing. Here is what happens................

Since there are literally hundreds of different drugs, narcotics, and various substances that are illegal to possess, instead of having one particular law on each single drug, what the legislature did when they passed the drug laws, is they created 5 different categories of drugs and listed each drug in one of the categories. These categories are called Schedules. So now when a person is arrested for being in possession of a particular drug, they write up the charge to say that they were in possession a certain Schedule drug. Its very confusing.

I can't tell from what you wrote which drug your friend was charged with being in possession of. The bottom line is, your friend has been charged with Driving Under the Influence, and possession of an illegal drug. It appears from what you wrote that the drug possession charge is a felony.

I'm a criminal defense attorney and most of my practice in Horry and Georgetown Counties, but I practice all over the state. Your friend is welcome to call or email me. I do not charge for consultations. The phone number below is an office line that is forwarded to my cell phone, so I can reached after hours and on weekends. If I do not pick up, I'm on the phone. Leave a message and I'll call you right back.

Robert J. Johnston

Email: [email protected]

Phone: 843-946-0099