After an accident, everything feels urgent.

You are hurting.
You may be missing work.
Bills are showing up before answers do.

So when the insurance company calls with a quick settlement offer, it can feel like relief.

But in reality, fast settlement offers are rarely about helping you. They are about closing your claim before the full impact of your injuries is known.

If you were injured in South Carolina, here is what you need to know before you sign anything.

Accident Compensation Tips

Why Insurance Companies Offer Fast Settlements

Insurance companies move quickly when they believe:

  • Liability is clear
  • You have not spoken with a lawyer
  • Your injuries are not fully documented yet
  • Future medical treatment is likely
  • They can limit their financial exposure early

Their goal is simple: pay as little as possible, as fast as possible.

This is why it is critical to understand your rights under South Carolina law and how personal injury claims actually work.
You can start with Mastantuno’s Personal Injury practice area for a full overview:
👉 https://mastantuno.com/personal-injury/

Seek medical attention - even if you feel fine after a personal injury

Red Flags That a Settlement Is Being Rushed

Be cautious if:

  • The offer comes days after the accident
  • You are still in pain or receiving treatment
  • The adjuster pressures you to “wrap this up”
  • They ask for a recorded statement immediately
  • They suggest you do not need a lawyer

These tactics are discussed in more detail in
👉 https://mastantuno.com/common-mistakes-to-avoid-in-a-personal-injury-claim/

personal injury insurance moving to settle too quickly

What Happens If You Accept a Settlement Too Early?

Once you sign a settlement release:

  • Your case is permanently closed
  • You cannot request additional compensation
  • Future medical bills become your responsibility
  • Worsening injuries are no longer the insurer’s problem

This includes situations where:

  • Symptoms appear weeks later
  • Surgery becomes necessary
  • You miss more work than expected

Read more about SC Department of Insurance requirements for injury claims.

This is why understanding pain and suffering compensation matters early on:
👉 https://mastantuno.com/pain-and-suffering-compensation-south-carolina/

What to Do If the Insurance Company Offers You a Settlement Too Fast. Accident Compensation Tips

Should You Ever Accept a Quick Settlement?

Sometimes, yes. But only when:

  • Medical treatment is complete
  • Injuries were minor and fully resolved
  • Lost wages are fully covered
  • You understand the long-term risks
  • You are not being pressured

If you are unsure how insurers calculate value, this guide helps explain it:
👉 https://mastantuno.com/how-to-maximize-your-compensation-after-an-injury/


What You Should Do Before Accepting Any Settlement

1. Get Medical Treatment First

Medical records are the foundation of any personal injury claim. Gaps in treatment can hurt both your recovery and your case.

Learn how records affect settlements here:
👉 https://mastantuno.com/common-personal-injury-questions-in-south-carolina-how-medical-records-impact-your-settlement/

2. Document Everything

Keep records of:

  • Medical visits
  • Prescriptions
  • Missed work
  • Pain levels
  • Daily limitations

3. Be Careful With Social Media

What you post can be used against you.

👉 https://mastantuno.com/how-social-media-can-hurt-your-personal-injury-claim/

4. Understand Your Deadline

South Carolina generally allows three years to file a personal injury lawsuit, depending on the case. You are not required to accept an early offer.

You should document EVERYTHING after an accident

How Insurance Companies Calculate Early Settlement Offers

Early offers usually focus on:

  • Emergency room visits
  • Initial treatment only
  • Minimal inconvenience

They often ignore:

  • Ongoing pain
  • Physical therapy
  • Future treatment
  • Lost earning capacity
  • Long-term limitations

If an insurer has already denied or minimized your claim, this guide explains your options:
👉 https://mastantuno.com/what-to-do-if-an-insurance-company-denies-your-personal-injury-claim-in-south-carolina/


Does Talking to a Lawyer Mean You Have to Sue?

No.

Many personal injury cases still settle, just after proper evaluation and negotiation.

An attorney can:

  • Review the settlement offer
  • Handle communication with the insurer
  • Prevent costly mistakes
  • Negotiate for full compensation

You can learn more about the firm and its approach here:
👉 https://mastantuno.com/attorney-profile/

GET IN TOUCH

Schedule a Consultation


Why Local Representation Matters in Personal Injury Cases

Insurance companies take claims more seriously when they know:

  • You are represented
  • Your lawyer understands local courts
  • Trial is a real possibility

Mastantuno Law represents injured clients throughout:

Full service area list:
👉 https://mastantuno.com/locations/



When Should You Contact a Personal Injury Lawyer?

You should get legal guidance if:

  • The settlement offer feels rushed
  • You are still experiencing pain
  • The accident affected your ability to work
  • Fault is disputed
  • You feel unsure about your rights

If you are still in the early stages after an accident, start here:
https://mastantuno.com/steps-to-take-after-an-accident/


Fast Money Is Not Always Fair

Insurance companies offer quick settlements for certainty.
You carry the risk.

Before making a decision that affects your health, finances, and future, it is worth having the offer reviewed by someone who works for you, not the insurer.

If you were injured in South Carolina and received a fast settlement offer, Mastantuno Law Firm can help you understand your options and protect your rights.

Contact Mastantuno Law Firm
https://mastantuno.com/contact-us/

South Carolina Personal Injury Attorney - Allen J Mastantuno

You did not ask to be here.
An accident interrupted your life, your health, your income, and your sense of control. Now you are being asked to make decisions that could affect you for years.

One of the biggest questions personal injury victims face is this:

Should I settle my case, or should I take it to trial?

There is no one-size-fits-all answer. But there is a right decision for your case, your injuries, and your future.

This guide breaks it all down in plain English so you can move forward with clarity, confidence, and leverage.

Should I settle my case, or should I take it to trial?

The Two Paths in a Personal Injury Case

Every personal injury case in South Carolina eventually heads toward one of two outcomes:

  • Settlement – an agreement reached outside of court
  • Trial – letting a judge or jury decide the outcome

Both paths have advantages and risks. The right choice depends on evidence, liability, insurance limits, medical documentation, and how aggressively the other side is fighting.

Common Personal Injury Questions in South Carolina – How Medical Records Impact Your Settlement

How Is Pain and Suffering Compensation Calculated in South Carolina?

What Does It Mean to Settle a Personal Injury Case?

A settlement is a legally binding agreement where the injured person agrees to accept compensation in exchange for ending the case.

Once you settle:

  • The case is over
  • You cannot ask for more money later
  • The defendant is released from further liability

Settlements typically happen:

  • After medical treatment stabilizes
  • After evidence is gathered
  • Often during negotiation or mediation

Steps to Take Immediately After an Accident to Protect Your Rights

Document the scene thoroughly for your Personal Injury Claim

Is Mediation Legally Binding in Personal Injury Cases?

Mediation itself is NOT automatically binding.

However:

  • If mediation results in a signed settlement agreement, that agreement is legally binding
  • Once signed, it is enforceable under South Carolina contract law

South Carolina courts often encourage mediation, especially in injury cases.
Learn more from the South Carolina Judicial Branch:
👉 https://www.sccourts.org

Is Mediation Legally Binding in Personal Injury Cases in South Carolina?

When Does It Make Sense to Settle?

Settlement is often the right choice when:

  • Liability is clear
  • Insurance coverage is limited
  • Medical treatment is complete or predictable
  • You want faster resolution and financial certainty
  • The offer fairly reflects your damages

Benefits of Settling

  • Faster compensation
  • No courtroom stress
  • Predictable outcome
  • Lower legal expenses
  • Privacy

Most personal injury cases do not go to trial.

social media can hurt your personal injury case

When Should You Consider Going to Trial?

Trial may be the better option when:

  • The insurance company refuses to be reasonable
  • Fault is disputed
  • Injuries are severe or permanent
  • The defendant denies responsibility
  • Policy limits are high enough to justify trial risk

Trials are about leverage. Sometimes the willingness to go to trial is exactly what forces a fair settlement.


How Long Should a Personal Injury Case Take to Settle?

There is no exact timeline, but here is a realistic breakdown:

  • Minor injury cases: a few months
  • Moderate injuries: 6 to 12 months
  • Severe or disputed cases: 1 year or longer

Cases often take longer when:

  • Medical treatment is ongoing
  • Liability is contested
  • The insurer delays negotiations

When Should You Hire a Personal Injury Lawyer?

You should speak with a lawyer as soon as possible if:

  • You were injured due to someone else’s negligence
  • An insurance company contacted you
  • You suffered more than minor injuries
  • You missed work
  • Fault is unclear or disputed

Early legal involvement protects evidence, prevents mistakes, and preserves leverage.

👉 Talk to a Personal Injury Attorney – Mastantuno Law Firm

GET IN TOUCH

Schedule a Consultation


What Is the Personal Injury Claim Process in South Carolina?

1. Investigation & Evidence Collection

  • Accident reports
  • Witness statements
  • Medical records
  • Photos and videos

2. Insurance Claim & Demand

  • A formal demand letter is sent
  • Negotiations begin

3. Filing a Lawsuit (If Necessary)

  • A summons and complaint are filed
  • The defendant is served
  • Discovery begins

4. Mediation & Negotiation

  • Many cases resolve here

5. Trial (If Required)

  • Judge or jury decides the outcome

See How Social Media Can Derail Your Personal Injury Claim

How Social Media Can Derail Your Personal Injury Claim

What Should You Do After a Personal Injury Accident?

  • Take photos of injuries and the scene
  • Seek medical care immediately
  • Follow all doctor instructions
  • Document symptoms and limitations
  • Preserve evidence
  • Avoid recorded statements without legal advice
Are Personal Injury Settlements Taxable by the IRS?

What If I Am Partially at Fault?

South Carolina follows modified comparative negligence.

Under South Carolina Code §15-38-15:

  • You can recover damages if you are 50 percent or less at fault
  • Your compensation is reduced by your percentage of fault

Official statute:
👉 https://www.scstatehouse.gov


How Much Is My Personal Injury Case Worth?

Case value depends on:

There is no average case value that applies to everyone.

Pain and Suffering Compensation in South Carolina Personal Injury Cases

South Carolina Personal Injury Case - Pain and Suffering

Do You Pay Taxes on Personal Injury Settlements?

Generally:

  • Compensation for physical injuries is NOT taxable
  • Lost wages may be taxable
  • Punitive damages are taxable

IRS guidance:
👉https://www.irs.gov/government-entities/tax-implications-of-settlements-and-judgments

Always consult a tax professional for your specific situation.


How Much Does a Personal Injury Lawyer Cost?

Most South Carolina personal injury lawyers work on a contingency fee basis.

That means:

  • No upfront cost
  • No fees unless you recover compensation
  • Fees are a percentage of the recovery

👉 Personal Injury Lawyer Fees


What Happens If My Case Goes to Trial?

At trial:

  • Evidence is presented
  • Witnesses testify
  • Experts explain injuries and damages
  • A jury decides fault and compensation

Trials take longer and involve risk, but sometimes they are necessary to achieve justice.


What Is Considered a Personal Injury?

Personal injury cases include:

  • Car accidents
  • Truck accidents
  • Motorcycle crashes
  • Slip and falls
  • Dog bites
  • Premises liability
  • Wrongful death

👉 All Personal Injury Cases We Handle


You Don’t Have to Decide Alone

The decision to settle or go to trial is not just legal.
It is personal.

The right attorney does not push you.
They prepare your case so well that the other side has no choice but to take you seriously.

If you are injured in South Carolina and unsure of your next move, Mastantuno Law Firm can help you understand your options and protect your future.

Contact Us Today

J Allen Mastantuno Charleston Personal Injury Attorney

If you’re pulled over, arrested, or even worried about a DUI in South Carolina, you’re not alone – and you’re not the first person to Google the exact questions below. South Carolina’s DUI laws are strict, technical, and full of details that most people don’t learn until it’s too late.

This guide breaks down the most common DUI questions we hear at Mastantuno Law Firm, answered in clear, practical language so you know what to expect – and how to protect yourself.


South Carolina DUI FAQ’s

South Carolina DUI Attorney - Allen J Mastantuno

Can You Get a DUI for Prescription or Over-the-Counter Medication?

Yes. Absolutely.
In South Carolina, DUI doesn’t require alcohol – only that a substance “materially and appreciably impairs” your ability to drive (S.C. Code §56-5-2930).

That means you can be charged with DUI if you’re impaired by:

  • Prescription medications (painkillers, antidepressants, ADHD meds, anxiety meds, sleep meds)
  • Over-the-counter drugs (Benadryl, NyQuil, cough syrup, allergy medications)
  • Any substance that slows reaction time, causes drowsiness, or affects coordination

Even if the medication is legal and taken as prescribed, impairment = arrest.


Do I Have to Blow Into the Breathalyzer?

You can technically refuse – but the consequences start immediately.

Under South Carolina’s Implied Consent Law, refusing the breath test leads to:

  • Automatic 6-month license suspension
  • Mandatory IID (Ignition Interlock Device) to drive again
  • Evidence of refusal used against you at trial

In many cases, refusing the breath test makes the situation harder, not easier.

Can DUI Charges Stick Without a Breath Test in SC?

Have You Been Charged with a DUI in South Carolina?

Contact Mastantuno Law Firm Today. We Provide Aggressive Representation for DUI Charges in South Carolina.


What Happens If My BAC Is Below 0.08%?

You can still be charged with DUI.

South Carolina law allows DUI charges at:

  • 0.05 to 0.07 BAC if the officer believes you’re impaired
  • Under 0.05 BAC with other evidence (poor driving, slurred speech, etc.)

0.08% is not the threshold for innocence – it’s the threshold for a legal inference of impairment.


Can Police Arrest Me Without Seeing Me Drive?

Yes. This is called “DUI by interpretation” or “DUI by circumstance.”

You can be arrested if:

  • You were found in the driver’s seat
  • The engine was warm
  • Keys were in the ignition
  • You admitted to driving
  • A witness saw you driving earlier

This is extremely common in:

  • Parking lots
  • Driveways
  • Accident scenes
  • Bar/restaurant parking areas
Can I get a dui if they don't see me drive?

Can You Get a DUI for Sleeping in Your Car?

Yes. The law looks at whether you were in actual physical control of the vehicle.

That means DUI can apply if:

  • You’re asleep in the driver’s seat
  • Keys are accessible
  • Car is running (even for heat or AC)
  • Car is in gear or “ready to drive”

If you need to sleep it off, always:

  • Move to the back seat
  • Keep keys in the trunk or outside the ignition
  • Turn the vehicle completely off

Still not a guarantee – but much safer legally.

South Carolina DUI Defense Attorney - Mastantuno Law Firm

What Happens to My License After a DUI Arrest?

Your license can be suspended before you’re ever convicted.

Two types of suspensions exist:

  1. Implied Consent Suspension → for refusing or blowing over .15
  2. Criminal Conviction Suspension → if found guilty of DUI or DUAC

You may qualify for:

  • Temporary Alcohol License (TAL)
  • Route-restricted license
  • Ignition Interlock Program

A lawyer can help restore driving privileges faster.


Do First-Time DUI Offenders Go to Jail?

Yes – jail time is possible for first-time offenders in SC.

1st Offense DUI Penalties:

  • BAC .08–.09 → up to 30 days
  • BAC .10–.15 → up to 30 days
  • BAC .16+ → up to 90 days

Judges may allow:

  • Community service
  • Treatment programs
  • ADSAP completion

But jail is not automatically waived for first offenders.


Can a DUI Be Expunged in South Carolina?

No – DUIs cannot be expunged under South Carolina law.

A DUI conviction remains on your criminal record for life.


Will My Insurance Go Up After a DUI?

Almost certainly.

After a DUI in South Carolina:

  • Rates increase by 40% on average
  • Drivers often pay $1,980/year instead of $1,414
  • SR-22 filing may be required
  • Some insurers cancel policies entirely

The financial impact often lasts 3–7 years.

Average Car Insurance Costs After a DUI in South Carolina
Average Car Insurance Costs After a DUI in South Carolina

Can I Refuse Field Sobriety Tests?

Yes – and you probably should.

Field Sobriety Tests (FSTs):

  • Are voluntary
  • Are not recorded in the law as mandatory
  • Are subjective and often used to justify arrest

You won’t avoid arrest, but you avoid giving them flawed data.

How to Fight a DUI Charge and Possible Defenses in South Carolina

What Is the Difference Between DUI and DUAC?

DUI = impaired driving
DUAC = Driving with Unlawful Alcohol Concentration (.08 or higher)

DUAC penalties are similar but:

  • There is no requirement to prove impairment
  • Only the test result matters
  • DUAC is sometimes easier to negotiate

Do Officers Have to Read My Miranda Rights?

Not during the traffic stop.

Miranda rights are required only when:

  • You are in custody
  • You are being interrogated

Un-Mirandized roadside conversations are still admissible.


Should I Talk to the Officer?

Keep it simple:

  • “I prefer not to answer questions.”
  • “Am I free to leave?”
  • Provide license/registration only.

Talking too much is one of the biggest reasons people get charged.


Do I Need a Lawyer for a First-Time DUI?

If you care about:

  • Your license
  • Your job
  • Your insurance
  • Your criminal record

Then yes.

DUI law in South Carolina is technical, fast-moving, and unforgiving. Defending yourself almost always results in harsher penalties.

First Offense DUI in South Carolina Penalties
First Offense DUI in South Carolina Penalties

Conclusion: Know Your Rights, Protect Your Future

A DUI charge in South Carolina can impact your freedom, your job, your license, and your reputation – even if it’s your first offense.

At Mastantuno Law Firm, we help clients:

  • Challenge improper traffic stops
  • Protect their license
  • Fight breath and blood test results
  • Avoid life-changing penalties
  • Navigate ADSAP, IID, and reinstatement

If you’re facing a DUI charge, the worst thing you can do is wait.
Contact us today for a free consultation.

South Carolina DUI Attorney - Allen J Mastantuno

When you’re hurt because of someone else’s negligence, the medical bills and lost wages are only part of the story. The real impact often shows up in the pain you live with, the anxiety that hits you at night, or the hobbies and relationships your injuries now limit.

This is why pain and suffering compensation exists – to compensate victims for the non-economic harm an injury causes.
In South Carolina, these damages can be substantial, but the rules behind them are more complex than most people realize.

Below is a clear, SC-specific guide to how pain and suffering works, how it’s calculated, and what your claim may be worth.


What Counts as Pain and Suffering in South Carolina?

Pain and Suffering Compensation in South Carolina

Pain and suffering includes the physical and emotional impact your injury has on your daily life.
Under South Carolina law, this generally includes:

Physical Pain

  • Ongoing pain from injuries
  • Long-term or permanent discomfort
  • Complications from surgeries or treatment
  • Loss of mobility or chronic conditions

Emotional & Mental Suffering

  • Anxiety
  • Depression
  • Insomnia
  • Trauma or PTSD after an accident
  • Loss of enjoyment of life

Lifestyle Impacts

These are huge factors in valuation:

  • Can’t work normally
  • Can’t lift kids, play sports, exercise
  • Strain on relationships
  • Inability to enjoy hobbies or social activities
Seek medical attention - even if you feel fine after a personal injury

How Is Pain and Suffering Compensation Calculated in South Carolina?

How Is Pain and Suffering Compensation Calculated in South Carolina?

There’s no universal formula, but South Carolina adjusters, attorneys, and courts typically use two main methods:

1. The Multiplier Method

Your economic damages (medical bills, lost wages) are multiplied by a number between 1.5–5+, depending on:

  • Severity of injuries
  • Permanency
  • Required medical treatment
  • Level of life disruption
  • Fault and liability clarity

Example:
$25,000 in medical bills × 3 multiplier = $75,000 pain and suffering compensation

2. The Per-Diem Method

A daily dollar amount is assigned for every day you suffered until you reached maximum medical improvement (MMI).

Example:
$200/day × 120 recovery days = $24,000 total

Important SC-Specific Factors

South Carolina factors that influence your pain and suffering value:

  • Comparative Negligence: If you’re found partially at fault (ex: 10%), your total compensation is reduced.
  • Treatment Gaps: Insurance companies attack missed appointments harshly.
  • Objective Proof: Medical imaging, specialist notes, prescriptions, and consistent treatment help.
  • Permanent Impairment Ratings: These dramatically increase settlement value.

Average Pain and Suffering Compensation in South Carolina

South Carolina Personal Injury Case - Pain and Suffering

There’s no official average because cases vary widely. However, typical ranges look like:

  • Mild soft-tissue injuries: $5,000 – $25,000
  • Moderate injuries (fractures, surgeries): $25,000 – $250,000
  • Severe or permanent injuries: $250,000 – $1,000,000+
  • Catastrophic injuries (TBI, paralysis, amputation): $1M – $10M+

Your personal injury lawyer’s ability to document and argue these damages significantly impacts your case.


Car Accident Pain and Suffering Compensation

car accident personal injury attorney in SC

For South Carolina car accidents, pain and suffering depends on:

  • Impact severity
  • Medical documentation
  • Permanency of injuries
  • Whether you sought treatment right away
  • Whether injuries limited your ability to work

Insurance companies pay the least when:

  • You waited days to get medical care
  • You stopped treatment early
  • You only saw a chiropractor with no imaging

They pay the most when:

  • You have imaging (MRI, CT, X-rays)
  • You see specialists
  • You follow a treatment plan
  • Your attorney builds a strong narrative

Workers’ Comp Pain and Suffering: Can You Get It in South Carolina?

Steps to Take Immediately After an Accident to Protect Your Rights and Your Personal Injury Claim

This is where many people get confused.

South Carolina does NOT allow pain and suffering compensation in standard workers’ comp claims.

BUT — you may recover pain and suffering if:

  • A third party caused your injuries (ex: subcontractor, driver, manufacturer)
  • There is a product liability claim
  • Your employer intentionally harmed you (rare)

These third-party cases dramatically increase compensation beyond the workers’ comp system.


Do Pain and Suffering Calculators Work?

Online calculators only estimate very broad ranges.
They can’t account for:

  • Permanent impairment
  • Liability disputes
  • Insurance company tactics
  • Medical credibility
  • SC-specific comparative negligence laws

A real calculation requires medical review + an experienced personal injury lawyer.


Frequently Asked Questions (SEO-Optimized Q&A)

1. What is pain and suffering compensation?

Money awarded for the physical pain and emotional harm caused by an injury.

2. How much compensation can I get for pain and suffering?

Settlements in SC typically range from $5,000 to several hundred thousand dollars depending on severity, treatment, and permanency.

3. How is pain and suffering calculated in personal injury cases?

Through the multiplier or per-diem method. The multiplier (1.5–5+) is most common in South Carolina.

4. What affects the amount of pain and suffering compensation?

Medical treatment, imaging, long-term pain, permanent impairment, daily life limitations, and whether you were partly at fault.

5. Do I need a personal injury lawyer to get pain and suffering?

Technically no — but insurance companies almost never pay fair pain and suffering without a lawyer, especially in SC.

6. Can veterans receive additional pain and suffering compensation?

Yes. Veterans injured in civilian accidents have the same rights to compensation as anyone else, and their military background is often helpful in proving lifestyle impact.

7. Can I get pain and suffering in a workers’ compensation claim?

Not through workers’ comp — only through a third-party personal injury claim.


When to Call a South Carolina Personal Injury Lawyer

You should contact an attorney when:

  • You’re in pain longer than expected
  • Your doctor mentions long-term effects
  • Your injury affects your job, family, or hobbies
  • The insurance company lowballs or denies you
  • You have questions about your rights

Pain and suffering is often the largest part of a settlement, and without legal help, that category is the first thing insurers try to minimize.

Mastantuno Law Firm helps injured South Carolinians build strong cases that capture the full value of their physical and emotional losses.

Contact us today for a free consultation.

J Allen Mastantuno Charleston Personal Injury Attorney
J Allen Mastantuno Charleston Personal Injury Attorney

A first time DUI charge in South Carolina in 2025 can be an overwhelming experience. The law is strict when it comes to driving under the influence, and the consequences of a conviction can affect your driving privileges, career, finances, and reputation.

At Mastantuno Law Firm, we have extensive experience defending DUI cases in Charleston, SC, and throughout South Carolina. If you’ve been arrested for DUI, understanding what to expect can help you prepare for the legal process and protect your future.

1. The Immediate Aftermath of a DUI Arrest

When you are arrested for DUI in South Carolina, you will go through several steps, including:

  • Booking and Processing: After your arrest, you will be taken to jail, where your fingerprints and mugshot will be taken.
  • Bond Hearing: Depending on the circumstances, you may be released on bond or your own recognizance.
  • License Suspension: If you refused a breath test or had a BAC of 0.15% or higher, your driver’s license is automatically suspended.
  • Notice of Suspension: You have 30 days to request an administrative hearing to fight the suspension.

What You Should Do:

  • Stay calm and avoid making statements to law enforcement—anything you say can be used against you.
  • Contact a DUI attorney as soon as possible to begin building your defense.

2. Understanding the Legal Process for a First-Time DUI

If you are facing a first-time DUI charge in South Carolina, you will go through the criminal court process, which includes:

Pre-Trial Motions and Evidence Review

Your DUI attorney will analyze the prosecution’s evidence, including:

  • Breathalyzer and field sobriety test results
  • Police dashcam and bodycam footage
  • The reason for the initial traffic stop

If there were errors in the arrest process, your lawyer may file a motion to dismiss certain evidence.

Trial or Plea Bargain

  • If your case goes to trial, the prosecution must prove beyond a reasonable doubt that you were driving under the influence.
  • Depending on the strength of the evidence, your lawyer may negotiate a plea deal for a lesser charge, such as reckless driving (a.k.a. a “wet reckless”).

3. Penalties for a First-Time DUI in South Carolina

Even for a first offense, a DUI conviction can result in severe penalties, including:

Additional consequences include:

  • Mandatory Alcohol and Drug Safety Action Program (ADSAP)
  • Community service hours
  • Higher insurance premiums (SR-22 insurance required)
  • Permanent criminal record (DUI convictions cannot be expunged in SC)

4. How a DUI Conviction Can Affect Your Future in South Carolina

A DUI conviction in South Carolina can have lasting consequences beyond the courtroom:

  • Employment Issues: Many employers run background checks, and a DUI conviction can impact your job opportunities.
  • Professional Licensing: If you hold a CDL, medical license, or law license, you may face disciplinary action.
  • Travel Restrictions: Some countries, including Canada, may deny entry to individuals with a DUI conviction.
  • Insurance Rate Increases: Your car insurance premiums will likely increase significantly.

5. Defenses Against a First-Time DUI Charge

A first-time DUI charge does not automatically mean a conviction. At Mastantuno Law Firm, we use proven defense strategies to fight DUI cases, including:

  • Challenging the Traffic Stop – If the police lacked probable cause, the entire case may be dismissed.
  • Breathalyzer & Field Sobriety Test Errors – Breathalyzers can produce false readings if they are not properly calibrated.
  • Violation of Miranda Rights – If the police failed to read your rights, key evidence may be thrown out.
  • Medical Conditions & External Factors – Certain health conditions or environmental factors can affect breathalyzer results.

6. Why You Need a South Carolina DUI Attorney

A DUI charge in South Carolina is serious. An experienced Charleston DUI lawyer can help you navigate the legal system and fight for a favorable outcome.

At Mastantuno Law Firm, we:

  • Analyze every detail of your case to identify weaknesses in the prosecution’s argument.
  • Challenge DUI evidence and breathalyzer accuracy.
  • Negotiate for reduced charges or alternative sentencing.
  • Defend your rights aggressively in court.

Take Action Now – Contact Mastantuno Law Firm

If you’ve been charged with a first-time DUI in South Carolina, don’t wait to seek legal help. The sooner you hire an attorney, the better your chances of minimizing penalties or getting the charges reduced.

Being convicted of a DUI is not just about paying a fine or serving a short time in jail. For many people, the real damage happens behind the scenes – in higher insurance premiums, lost employment opportunities, licensing issues, and more. Here’s a breakdown of what you really face if you are convicted of driving under the influence in South Carolina (or elsewhere) – and why having strong legal representation matters.

South Carolina Defense Attorney - Mastantuno Law Firm

1. Immediate Financial Penalties following a DUI in South Carolina

In South Carolina, the financial impact of a DUI conviction extends far beyond the initial ticket. While many people think of a DUI as a one-time fine, the truth is that each conviction comes with mandatory assessments, surcharges, license suspensions, and often jail time – all of which compound quickly.

According to the S.C. Code of Laws Sections 56-5-2930, 56-5-2940, 56-5-2950, 56-5-2990, 56-5-6240 on SC Laws Relative to Impaired Driving –

  • For a first-offense DUI, you face a fine of up to $400, which increases to approximately $992 once the state adds required court assessments and surcharges. The court may also impose 48 hours to 30 days in jail and a six-month license suspension.
  • A second DUI offense carries fines ranging from $2,100 to $5,100 (or roughly $10,744.50 with surcharges), plus five days to one year in jail and a one-year license suspension.
  • A third offense DUI in SC increases the fine to $3,800–$6,300 (or about $13,234.50 with surcharges) and includes 60 days to three years in jail. Your driver’s license will be suspended for at least two years, and longer if the offenses occur within a five- or ten-year window.
  • For a fourth DUI or subsequent offense, penalties rise dramatically – one to five years in prison and permanent revocation of your driver’s license.

Felony DUI Charges – Results in Great Bodily Injury or Death

  • If the DUI results in great bodily injury or death, the charge becomes a felony DUI with mandatory fines ranging from $5,100 to $25,100 (totaling up to $52,244.50 with surcharges) and 30 days to 25 years in prison, depending on the severity of the outcome.

In addition to these fines and penalties, offenders typically face the cost of towing and impoundment, bail, mandatory alcohol education or treatment programs, and license reinstatement fees, all of which can push the total financial impact of a DUI conviction well into the tens of thousands of dollars.

Immediate Financial Penalties following a DUI in South Carolina

2. Insurance Rate Increases & High-Risk Driver Status

One of the most costly long-term consequences of a DUI conviction in South Carolina is the impact it has on your auto insurance. While a first-time DUI may cost several hundred dollars in fines, the financial hit from higher premiums can last for years, often far exceeding the original penalty.

Average Car Insurance Costs After a DUI in South Carolina
Average Car Insurance Costs After a DUI in South Carolina
  • In South Carolina, a DUI conviction raises the average annual cost of car insurance by roughly 40%, increasing premiums from about $1,414 to $1,980 per year. That’s a smaller percentage increase than the national average of 65%, but it’s still a major long-term financial burden. Over just five years, that rate difference can add more than $2,800 in extra insurance costs alone.
  • Following a DUI, most insurance companies classify you as a high-risk driver, which automatically limits your options and triggers steep rate adjustments. According to recent state data, State Farm tends to offer the most affordable post-DUI rates in South Carolina – averaging around $1,358 per year – while GEICO ranks among the most expensive, averaging $2,125 per year. Other insurers, including Travelers, Progressive, and USAA, fall somewhere in between.
  • Securing new coverage after a DUI can also be difficult. Some carriers may refuse to renew your policy altogether, while others may require you to file an SR-22 certificate – a document proving you carry the state’s minimum required liability insurance. Filing an SR-22 can raise premiums further and remain on your record for up to three years.
Average Annual Insurance Premium After a DUI in South Carolina
Average Annual Insurance Premium After a DUI in South Carolina

Ultimately, the best way to minimize long-term costs after a DUI is to compare rates across multiple insurers, maintain a clean record going forward, and consult an attorney early in the process. In many cases, timely legal action can help reduce charges or penalties – which can make a measurable difference in how insurers assess your future risk.

3. License Suspension, Reinstatement & Monitoring Devices

License Suspension Reinstatement and Monitoring Devices after a DUI in South Carolina
License Suspension Reinstatement and Monitoring Devices after a DUI in South Carolina

After a DUI conviction in South Carolina, your driver’s license will be suspended or revoked for a prescribed period, and reinstating it requires more than simply paying fees. For many drivers, the path back to legal driving includes mandatory programs, device installations, and strict compliance requirements.

Under the new law effective May 19, 2024, anyone convicted of Driving Under the Influence (DUI) or Driving with an Unlawful Alcohol Concentration (DUAC) must install a breath alcohol ignition interlock device (BAIID/IID)

The period for which the IID must remain installed depends on how many prior offenses you have and other factors.

New South Carolina DUI Law: How the All-Offender Requirement Impacts Offenders

Reinstatement also typically involves:

  • Completing the Alcohol and Drug Safety Action Program (ADSAP) and submitting proof of completion.
  • Paying the standard reinstatement fee of $100 for a DUI-related suspension, plus any other unpaid fees or fines.SCDMV Online
  • If you owe substantial reinstatement fees, the South Carolina Department of Motor Vehicles (SCDMV) offers a 12-month payment plan under certain eligibility conditions. SCDMV Online 

Failing to comply with any of these requirements – including skipping the interlock installation – will prolong your suspension or prevent reinstatement altogether. SCDPPPS – Ignition Interlock



4. Employment, Career, and Licensing Consequences Following a DUI

Employment Career and Licensing Consequences Following a DUI in South Carolina
Employment Career and Licensing Consequences Following a DUI in South Carolina

A DUI conviction can have serious implications beyond the courtroom – especially for professionals whose careers depend on trust, licensure, or clean background checks.

In South Carolina, licensing boards for fields such as healthcare, education, law, real estate, and commercial driving may open investigations after a DUI conviction. The outcome often depends on factors like whether anyone was injured, your prior record, and whether the offense occurred on the job. First-time offenders who report the conviction promptly and complete any required programs often avoid license suspension or formal discipline.

Certain careers face stricter standards, including:

  • Commercial drivers (CDL holders) – risk of immediate license suspension and loss of employment
  • Pilots and aviation personnel – subject to FAA reporting requirements and potential airline termination
  • Law enforcement officers – may face internal investigations, suspension, or dismissal
  • Healthcare professionals – doctors, nurses, and pharmacists can face board review or disciplinary action

For others, the long-term damage often comes through:

  • Failed or flagged background checks during hiring
  • Employment restrictions in positions involving public safety or government work
  • Lost advancement opportunities or reduced employability in competitive fields

If you hold a professional license or work in a regulated field, consulting an experienced DUI attorney early can help protect your credentials, ensure compliance with reporting rules, and minimize the career fallout from a conviction.

Contact Mastantuno Law Firm Today for a Free Consultation

DUI Defense Attorney - South Carolina Criminal Defense Attorneys

5. Indirect and “Soft” Costs

Beyond the dollars, there are many costs that are harder to measure but very real.

  • Transportation costs if you lose your license and must rely on taxis, rideshare, public transit.
  • Emotional, mental and social consequences: stress, embarrassment, family strain, changed lifestyle.
  • Potential civil liability: if someone is injured due to the DUI, you may face restitution or lawsuit costs beyond the criminal penalties.

6. How to protect your rights and minimize long-term harm

Act quickly

After a DUI arrest, engaging a lawyer early can help preserve evidence, challenge procedures and reduce the risk of conviction or enhanced penalties.

Understand all the costs

Ask your attorney not just about the fine, but about insurance hikes, license monitoring devices, lost work, and other cascading impacts.

Be proactive with your insurance

Notify your agent, compare rates, explore whether high-risk driver programs apply, and budget for several years of higher premiums.

Plan for driving restrictions

If your license may be suspended or you face work-only or IID requirements, plan alternative transportation so your employment and daily life aren’t derailed.

Document everything

Keep records of fees paid, program attendance, vehicle inspections, insurance notifications, and any employment impact – this will help if you later negotiate insurance or job issues.

Maintain your professional reputation

If your career or licensing body may be impacted, speak with your attorney about disclosure requirements, mitigation options and how a DUI could affect your livelihood.


Conclusion

A DUI conviction is far more than a legal infraction – it can be a long-term drag on your finances, your career, your personal freedom, and your future. The true cost often emerges gradually, as insurance premiums soar, driving privileges disappear, jobs are jeopardized, and hidden fees pile up. At Mastantuno Law Firm in Charleston, we understand that protecting your rights means more than just fighting the charge – it means preserving your future. If you are facing DUI charges, act promptly, get informed, and choose representation that sees the full picture.

Contact Mastantuno Law Firm Today for a Free Consultation. Let’s get in front of this.

Mastantuno Law Firm - Charleston South Carolina Criminal Defense

Being involved in an accident can be confusing, stressful and full of unknowns. What you do (or don’t do) in the minutes and hours after the incident can significantly affect your health, your insurance claims and your rights. Below are the key actions you should take right away – and why each matters.

Also, review our guide on Common Mistakes to Avoid in a Personal Injury Claim.

1. Ensure safety and call for help

Your first priority is always health and safety. If you or any passengers are injured, call 911 immediately. Even if everyone appears OK, it’s wise to have a medical professional check you out – injuries such as whiplash or internal trauma may not show symptoms right away.

If your vehicle is still drivable, move it (and yourself) to a safe location – out of the flow of traffic if possible, with hazard lights on. This reduces the risk of secondary collisions and demonstrates responsible action.

Steps to Take Immediately After an Accident to Protect Your Rights and Your Personal Injury Claim

2. Notify law enforcement / get a police report

Having an official police or crash-report carries two important benefits: it adds credible third-party documentation of the incident, and it often triggers legal or insurance-process rights. Many jurisdictions require a report if there’s injury or significant damage.

At the scene, when interacting with the officer: provide factual answers, get the officer’s badge number, and after they leave, request a copy (or the report number) for yourself. Don’t speculate or admit fault.

3. Document the scene thoroughly

Before evidence disappears, document everything you can. This includes:

  • Photographs or video of all vehicles involved (from multiple angles).
  • Road conditions, traffic signs/signals, skid marks, weather or lighting conditions.
  • Visible injuries (yours and any others) and property damage.
  • Time, date and exact location of the accident.
  • Names & contact information of any witnesses.
    Collecting this evidence preserves the facts and will support insurance claims (and legal claims, if needed). 
Document the scene thoroughly for your Personal Injury Claim

How to Document the Scene Correctly after a Car Accident

4. Exchange information – but don’t admit fault

Get the essential information from every other driver and vehicle involved:

  • Driver’s name, contact info, driver’s license number.
  • Insurance company and policy number.
  • Vehicle make/model/year/license plate.
  • Address of the owner (if different from driver).
    This exchange helps your insurer and any future claimants track down liability and damages. At the same time, do not admit fault, apologize in a way that sounds like fault imposition, or provide a recorded statement on what happened. Stick to the facts (“here’s what I saw”) and let investigations determine liability.

5. Notify your insurance carrier and preserve your rights

Contact your own insurance company as soon as you are able – many policies require very prompt notification. Provide the basic facts (time, place, other driver info, injuries/damages) but again: avoid admitting fault. Be honest and consistent. Delays or misstatements can undermine your claim.

What to Do If an Insurance Company Denies Your Personal Injury Claim in South Carolina

6. Seek medical attention – even if you feel fine

As noted above, some injuries become apparent only later (e.g., concussion, internal bleeding, soft-tissue damage). A prompt medical evaluation accomplishes two things: it protects your health and it creates a medical record linking the injuries to the accident. That record may be critical if you later seek compensation for medical bills, lost wages or pain and suffering.

Seek medical attention - even if you feel fine after a personal injury

7. Keep detailed records and track your losses

Over the coming days and weeks, continue to compile and maintain all related records:

  • All medical bills, receipts, treatment plans.
  • Vehicle repair estimates, rental car receipts (if applicable), property damage costs.
  • Records of any lost income because you couldn’t work.
  • All communication with insurers or other parties.
    Maintaining a clear, organized file helps you demonstrate the full extent of your damages – and supports stronger settlement or litigation outcomes if needed.

8. Don’t ignore statutes of limitation or deadlines

Every state has deadlines for filing certain legal claims (statutes of limitation) and for reporting accidents to insurance companies or law enforcement. Failing to act within those timelines can permanently limit your rights. For example, in some jurisdictions you must file a report or claim within a relatively short window.

9. Consider legal advice if liability or injuries are significant

If you’ve suffered serious injuries, long-term impairments, or there’s a dispute over who was at fault, consulting an attorney early may protect your rights. While this is more obviously legal-advice territory, the key is this risk factor: once insurers or opposing parties begin investigations or negotiations, you’ll want someone experienced reviewing the facts, evidence and legal options. (Note: this step is about preserving rights, not automatically “you must hire a lawyer.”)


Why these steps matter for your rights

By following the above steps, you help ensure that:

  • You safeguard your health and document any injuries.
  • You preserve evidence while the scene and people’s memories are fresh.
  • You remain in compliance with legal and insurance obligations.
  • You avoid inadvertently weakening your position (for example by admitting fault or skipping documentation).
  • You set yourself up to pursue fair compensation (if applicable) for damage, injuries, expenses and losses.

Special considerations for Charleston / South Carolina

Since you’re operating in Charleston, SC, you’ll want to tailor the above to reflect state-specific rules:

  • South Carolina’s statute of limitations for personal injury claims is generally 3 years from the date of the injury.
  • Be aware of any state-specific crash-reporting requirements (for example if injuries or property damage exceed certain thresholds).
  • Check your insurance policy for any South Carolina-specific prompt-reporting requirements.
  • If there were pedestrians, cyclists or multiple vehicles involved (such as a truck), that may trigger additional rules or enforcement.

Conclusion

An accident can be overwhelming – but how you respond in the minutes, hours and days following the incident can make a significant difference in protecting your health, finances and legal rights. Prioritize safety, document everything, report what you must, avoid premature statements of fault, and keep detailed records. If your situation involves serious injuries or disputes, consulting someone experienced in accident-law and insurance is a wise next step.

We can help. Contact Mastantuno Law Firm for a free consultation today.

DUI Checkpoints and Your Rights

When it comes to encounters with law enforcement on the road, DUI (driving under the influence) checkpoints — also called sobriety checkpoints or roadblocks — are among the most legally nuanced. For many drivers, they raise questions like: Do I have to stop? Can they search my car? What rights do I still hold? In this blog, we’ll walk through the legal framework, what to expect, and practical advice to protect your rights.


The Legal Landscape: Are DUI Checkpoints Even Legal?

U.S. Supreme Court Standard: Michigan Dept. of State Police v. Sitz

In Michigan Dept. of State Police v. Sitz (1990), the U.S. Supreme Court held that DUI checkpoints can be consistent with the Fourth Amendment (which guards against unreasonable searches and seizures). The Court balanced the government’s interest in preventing drunk driving against the intrusion on motorists.

However, that ruling does not give carte blanche to law enforcement. Checkpoints must follow procedural safeguards: they should be planned in advance, use neutral selection criteria (not arbitrary), be adequately publicized, and minimize the intrusion on drivers.

Limits on Purpose: City of Indianapolis v. Edmond

Another Supreme Court decision, City of Indianapolis v. Edmond (2000), draws a crucial boundary: roadblocks or checkpoints whose primary purpose is to uncover general criminal wrongdoing (e.g. drug searches) are unconstitutional. In contrast, checkpoints focused on seats for impaired driving, DUI enforcement, or highway safety are more likely to pass legal muster. Wikipedia

State-Level Variations

Even though the federal standard allows checkpoints under certain conditions, states may impose stricter limitations—or ban them entirely. For example:

Because of this patchwork, whether a checkpoint is lawful depends heavily on where you are.

are dui checkpoints legal?

What You Can Expect at a DUI Checkpoint

While procedures vary, many sobriety checkpoints follow a recognizable pattern:

  1. Advance Notice / Visibility
    Checkpoints are often publicized ahead of time (via media or signage) to enhance legitimacy and deterrence.
    1. Publicized Sobriety Checkpoints – Public Knowledge
  2. Neutral Selection of Vehicles
    Officers stop cars according to a pre-set formula (e.g. every 3rd or 5th vehicle) rather than targeting specific types of drivers.
    1. DUI Checkpoints & Legal Requirements
  3. Brief Stop / Questioning
    Drivers who are stopped may be asked for ID, registration, insurance, and simple yes/no questions (e.g. “Have you been drinking tonight?”). The stop should be brief unless officers have additional suspicion.
  4. Further Actions If Suspicion Arises
    If officers detect signs of impairment (smell of alcohol, bloodshot eyes, slurred speech, erratic driving), they may ask a driver to pull aside for further tests (field sobriety tests, breathalyzer).
  5. Searches
    A routine checkpoint stop generally cannot justify a search of your vehicle unless officers develop probable cause, or you voluntarily consent. Warrantless searches without reasonable suspicion or cause can be challenged.
    1. Most states permit officers to run background checks, warrant searches, and driver’s license inspections
  6. Duration of Detention
    The courts scrutinize how long you are held. A checkpoint stop must remain reasonable and not turn into a prolonged detention without justification.
    1. When it comes to detaining motorists who are suspected of driving under the influence, the court will consider the average length of each detention and the officer’s basis for detaining a motorist

Your Rights at a DUI Checkpoint (and What You Should Do)

What You Can (and Can’t) Do

  • You may decline to answer incriminating questions (e.g. “How many drinks have you had?”) beyond basic ID/registration requests.
  • You may refuse consent to a search unless officers have probable cause or a warrant.
  • You can legally avoid a checkpoint via legal maneuvers (turning on side roads) so long as you don’t commit a traffic violation.
  • You must comply with commands to stop, show your license, and obey lawful instructions.
  • If you are arrested, you still retain constitutional rights—right to remain silent, communicate with an attorney, and challenge the stop’s legality in court.

What To Keep in Mind

  • If the checkpoint is improperly conducted (e.g. stops are arbitrary, no advance public notice, no neutral selection, excessive delay), evidence from that stop may be suppressed.
  • Don’t lie to officers; false statements can create additional legal trouble.
  • Stay calm and respectful; don’t escalate the situation.

Pitfalls to Watch For & Common Misconceptions

  • “They can’t stop me unless they have probable cause.”
    Not always true. At checkpoints, you are subject to stop even without individualized suspicion, if the checkpoint is lawful. But anything beyond the brief stop must be justified.
  • “I have to submit to a breathalyzer right away.”
    Not necessarily. Implied consent laws vary by state; officers may ask for a chemical test, but the rules, penalties, and conditions differ.
  • “If they messed up the checkpoint, it invalidates the arrest.”
    It may—but suppression is not guaranteed. The court examines the seriousness of the violation, the prejudice to you, and whether it undermines the legitimacy of the checkpoint.
  • “This doesn’t apply in my state.”
    Always check your state’s laws. Even though 38 states permit checkpoints, 12 do not or limit them heavily.
DUI Checkpoints - Are they Legal in South Carolina?

Taking Action If You Face Charges

If you are arrested at a checkpoint:

  • Insist on your rights (remain silent, request an attorney).
  • Document everything you remember (time, location, officers’ names or badge numbers, what you were asked, any delays, etc.).
  • Contact a qualified DUI defense attorney who understands both federal and state checkpoint law.
  • Ask your attorney to examine whether the checkpoint was lawful and whether your rights were violated.

If you have been affected by a DUI Checkpoint in South Carolina, Contact Mastantuno Law Firm today. We can help.

Mastantuno Law Firm - Charleston South Carolina Criminal Defense

In today’s hyperconnected world, many of us routinely post updates, photos, location check-ins, or comments about how we’re feeling. But if you’re pursuing a personal injury claim, your digital footprint can become a legal liability. Opposing counsel, insurance adjusters, and courts increasingly treat social media content as discoverable evidence. What seems like an innocuous post can become fodder to undermine your credibility, reduce your recovery, or even get your case dismissed.

Below, we explore the risks, real-world examples, legal groundwork, and best practices to protect your claim.


Why Social Media Matters in Personal Injury Litigation

1. Social Media = Evidence

Social media content (posts, photos, videos, check-ins, comments) is routinely used in personal injury cases as digital evidence. Courts often admit this evidence under the same rules as other evidence, provided it’s authenticated, relevant, and properly preserved.

Even private or “friends only” content can be compelled during discovery if deemed relevant by the court.

social media can hurt your personal injury case

2. Contradiction & Credibility Attacks

One of the most common uses of social media by defense teams is to find contradictions:

  • A plaintiff claims debilitating back pain and inability to walk, but their Instagram shows them hiking or gardening.
  • Posts indicating travel, social events, or physical activity can cast doubt on claims of severe limitation or emotional distress.
  • Casual remarks like “feeling better” or “got through a good day” might be construed as admissions that symptoms have improved.

These contradictions are leveraged to argue that the plaintiff is exaggerating, malingering, or otherwise misrepresenting their condition.

3. Discovery Battles & Spoliation Risk

Because social media is so integral, legal teams often fight over access. Discovery requests (or subpoenas) may demand your full social media history, including message attachments, metadata, or deleted content.

Attempting to delete or alter posts once litigation is foreseeable can backfire severely. Courts may draw adverse inferences (i.e., assume the deleted content was unfavorable) or impose sanctions for spoliation.

4. Indirect Damage: Friends, Tags, Comments

It’s not just your own posts that matter:

  • Others’ posts or tags of you in seemingly innocuous settings can be introduced.
  • Comments threads, mentions, or engagement on posts can muddy the waters or supply new “evidence.”

Thus, you can be “caught” by someone else’s online commentary—even if you never intended it to be part of your case.

5. Settlement Leverage & Insurance Scrutiny

Even before trial, insurance adjusters and defense lawyers comb social media to weaken your claim. A social media post they regard as contradictory can become leverage to reduce settlement offers or force you to accept less.

In one cautionary example, a claimant’s hiking photos were used to challenge claimed injuries, reducing their compensation.

Why Social Media Matters in Personal Injury Litigation

Example Cases Involving Social Media Evidence

1. Romano v. Steelcase Inc. (New York, 2010)

In Romano, the plaintiff claimed she suffered permanent injuries (neck/back) that limited her daily life and enjoyment of activities.

The defendant asked for access to her private Facebook and MySpace pages, including deleted content, arguing that her social media posts contradicted her claim of being homebound.

The court granted the motion, finding that social media content was relevant to questions of credibility and the extent of injury, and ordered her to provide authorizations for social media records.

Notably, the decision recognized that a user’s “reasonable expectation of privacy” over their social media is limited when the content is material and relevant to the litigation.


2. Forman v. Henkin (New York Court of Appeals, 2018)

This is a landmark New York case that set standards for how private social media posts may be discoverable. FORMAN v. HENKIN

Facts & Legal Holding:

  • Plaintiff, Kelly Forman, alleged severe injuries from falling off a horse (spinal, cognitive, communication limitations) that impaired her lifestyle.
  • Defendant moved to compel disclosure of her private Facebook material (photos, messages, metadata).
  • The Court of Appeals reversed parts of the lower court’s expansive order but held that private posts are not categorically off-limits just because they are private. The test: whether the materials are “reasonably calculated to contain relevant information” to the plaintiff’s claims.
  • The court emphasized the need to balance discovery utility and privacy concerns, and ordered that disclosure be tailored (only relevant portions).

Thus Forman clarified that “private” does not automatically mean “undiscoverable,” especially when the plaintiff puts lifestyle, cognitive capacity, or functional limitations at issue.


3. Other Cases & Situations (Less Famous, but Illustrative)

  • Scott v. U.S. Postal Service (cited in commentary) — a case in which a plaintiff’s social media posts showing physical activity were used to counter claims of disabling injury.
  • King v. Shabab (New York) — applying Forman, courts have awarded discovery sanctions or dismissal based on failure to produce social media evidence, when the plaintiff’s Instagram or online activity was relevant to claims.

Legal Rules about Social Media

Legal Foundations & Rules to Know

To understand why social media content is fair game, here are a few legal principles:

  • Relevance & Admissibility: Social media posts are admissible if relevant to proving or disproving any fact in the case.
  • Authentication: Courts require proof that a post came from you (or someone authorized) and wasn’t tampered with. This may include metadata, account logs, or testimony.
  • Proportionality / Overreach: Discovery of social media must be proportional and not a fishing expedition. Courts sometimes limit overly broad requests.
  • No Safe Haven via Privacy Settings: Private accounts or restricted settings do not necessarily protect content from being discoverable.
  • Spoliation & Adverse Inference: Deleting relevant content after notice of potential litigation can lead courts to penalize you.

Because of these principles, courts and attorneys treat your online presence as part of your “case file.”


Best Practices: What You Should (and Shouldn’t) Do

To protect your claim, here are prudent guidelines:

Immediately After Injury / During Case

  1. Contact an Attorney. Talk to us about your case and the best way forward.
  2. Suspend new posts: The safest route is to refrain from posting anything about your injury, case, or daily life that could be misinterpreted.
  3. Lock down privacy settings: Though not foolproof, restrict who sees your content. But don’t rely on “private” to shield evidence.
  4. Document carefully: If you capture photos or progress logs of your injury (e.g. wound healing, rehabilitation), do so under guidance from your attorney so it doesn’t backfire.
  5. Do a social media audit: Remove or hide any old posts that could be contradictory (but only after legal counsel advises).
  6. Warn your contacts: Ask friends/family not to tag you in photos, discuss your case publicly, or post about your condition.

Things to Avoid

  • Don’t post about or discuss your accident, injuries, claims, or settlement demands online.
  • Don’t express opinions that might be construed as admissions (e.g. “I messed up,” “I’m okay now,” etc.).
  • Don’t attempt to delete historic posts once you or your attorney reasonably foresee litigation—doing so risks spoliation.
  • Avoid interactions or commentary that could link you to others discussing the case.

If You Must Use Social Media

If you absolutely must use social media (e.g. to post emergencies, life events unrelated to your case):

  • Limit posts to strictly neutral content (e.g. news, generic updates) without detail about your health.
  • Never respond to comments about the accident, insurance, or litigation.
  • Do not “check in” at locations or tag physical achievements that could be interpreted as evidence against your claim.

Let Us Help You

Social media may feel harmless, but in a personal injury case it can be one of the biggest threats to your credibility and recovery. Even a single photo or comment can be taken out of context and used against you. The safest move is to stay offline and let your attorney guide you on what’s appropriate.

If you’ve been injured in South Carolina, contact Mastantuno Law Firm today for a free consultation.
📞 (843) 720-3749
🌐 mastantuno.com 

Mastantuno Law Firm - Charleston South Carolina Criminal Defense

Charleston has seen a spike in boating incidents this summer, including arrests for Boating Under the Influence (BUI), fatal accidents under bridges, and serious injuries tied to alcohol or operator negligence. This post explains what BUI means in South Carolina, recent cases in the Charleston area, how the law applies, and how Mastantuno Law Firm can defend you.


Recent BUI-Related Incidents & Boating Accidents in Charleston, South Carolina

Recent BUI-Related Incidents & Boating Accidents in Charleston, South Carolina

1. Fatal Boating Incident Under Bridge – Ravenel, July 2025

The South Carolina Department of Natural Resources and Charleston County Coroner are investigating a fatal boating crash in Ravenel at Tea Farm Creek. The boater, 22-year-old Tallon Goff, was killed after passing under a sunken or low-clearance bridge. The incident occurred around 7:38 p.m. on July 3, 2025, with one fatality confirmed during the investigation. Alcohol involvement has not been confirmed yet, but the SCDNR is leading the probe. 

Sources: 

2. Skull Creek Capsizing – Beaufort County, June 2025

Near Pinckney Island, a vessel capsized, killing two older Howell County residents and injuring two others. While not directly tied to a BUI charge, such crashes often overlap with investigations of operator impairment or negligence.

Sources:

3. Cooper River Crash – North Charleston, October (year unspecified)

Four people were ejected from a boat during a high-speed crash on the Cooper River. The operator was arrested for boating under the influence after admitting to drinking. One passenger was critically injured.

Sources:


What Is BUI in South Carolina?

Under South Carolina law, operating a boat while impaired is prohibited:

  • Boat operators must adhere to the same BAC limits as vehicle drivers—typically 0.08% BAC (0.04% for commercial operators).
  • BUI charges can arise from intoxication affecting safe navigation, regardless of accident occurrence.
  • If alcohol or drugs contributed to a crash or unsafe operation, SCDNR and SLED often investigate and arrest the operator under BUI statutes.

In fatal or serious injury cases (like Ravenel and Skull Creek), BUI charges may accompany wrongful death or negligent operation investigations.


Why The Rise in BUI Arrests This Summer?

Why The Rise in BUI Arrests This Summer?

Factors contributing to increased BUI enforcement:

  • Summer crowds and rising boat traffic, especially around Folly Beach, Sullivan’s Island, and Johns Island waterways.
  • Promotional safety campaigns by SCDNR and channel advisories with heightened enforcement after sunset and around holidays.
  • High-visibility enforcement zones near bridges, marinas, and high-use intercoastal areas, where accidents and fatalities have historically clustered.

How to Protect Yourself if Facing a BUI or Boating Accident Charge

1. Examine the Stop & Investigation

  • Was there probable cause for a boating stop? SCDNR must follow appropriate protocol for operating enforcement.
  • Were sobriety or field sobriety tests conducted properly and recorded?

2. Scrutinize Evidence Handling

  • Were blood or breath tests conducted under partial SC guidelines?
  • Chain-of-custody and testing standards must be strict—improper handling can weaken prosecution.

3. Assess the Crash or Injury Scene

  • Did conditions (bridge clearance, signage, speed warnings) contribute?
  • Operator fatigue, equipment failure, or third-party responsibility may mitigate liability.

4. Explore Legal Defenses

  • Challenge procedural errors, improper evidence collection, or violations of constitutional rights.
  • Mitigate penalties on first-time BUI without major injuries through negotiation, diversion programs, or reduced charges.

How Mastantuno Law Firm Helps in BUI & Boating Accident Cases

  • Criminal defense experience: We defend BUI and boating-related charges alongside DUI cases across Charleston County and surrounding waterways. Learn more about our criminal defense practice.
  • Collaboration with investigation experts: We retain maritime safety specialists to review crash factors, bridge clearance liability, and navigation conditions.
  • Injury & wrongful death expertise: If you or a loved one was injured by an impaired boater, our personal injury team handles insurance claims, wrongful death litigation, and detail-oriented case construction.
  • Extensive legal resources: We reference and cross-link our in-house DUI/BUI guides such as our detailed DUI defense guide and insights from personal injury—e.g. medical records and injury claims for boating accidents with injuries.

BUI & Boating Accident Cases

Related Legal Topics & Internal Resources


External References & Media Coverage

Have You Been Charged with BUI or Boating Under the Influence? Contact Mastantuno Law Firm Today

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Allen Mastantuno was born and raised in Charleston, SC. He graduated from the College of Charleston (B.A., 2003) and from the University of South Carolina School of Law (J.D., 2007).

J. Allen Mastantuno headshot

After graduating from law school, he clerked for the Federal Public Defender’s Office in Charleston, SC gaining valuable experience in the Federal criminal system. From 2008 to 2010, Allen worked as a prosecutor for South Carolina’s Ninth Judicial Circuit which includes Charleston & Berkeley County.

He became the lead DUI prosecutor in the Berkeley County office and handled over 100 DUI cases ranging from DUI 1st Offense to Felony DUI Involving Death. As a prosecutor, he was extremely active in the courtroom, trying difficult and lengthy cases including such serious offenses as Armed Robbery and Burglary. While earning his reputation as a hard fighting trial attorney, he also assisted with and prosecuted hundreds of other cases ranging from Murder to traffic violations.

Since 2010, Allen Mastantuno has focused his entire practice on defending his client’s rights. He has successfully represented clients who face serious criminal charges or who have been injured in an accident. Examples of charges Allen Mastantuno has defended include: Murder, Attempted Murder, Armed Robbery, Arson, Criminal Sexual Conduct, Burglary, Felony DUI, Trafficking of Drugs, Manufacturing/Distribution of Drugs, Financial Crimes. If you have been charged with a crime Mastantuno Law Firm, LLC can help.

As a trial attorney, Allen Mastantuno has also helped people who have been seriously hurt. Whether you have been hurt in a car, motorcycle, boat or other vehicular accident Allen Mastantuno can help.

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