Domestic Violence and Alcohol
Many times domestic violence or CDV charges are brought out of situations
in which one or both of the parties may be under the influence of alcohol
(or drugs). In some cases alcohol abuse or dependency may be the root
cause of serious and problematic arguments and disagreements. In other
cases, ther emay be false implications that alcohol was a factor in an
alleged CDV offense.
Allegations of alcohol or drug use add an additional layer of complexity
onto a CDV or CDVHAN case. If there is evidence that the domestic violence
laws have been violated, the prosecutor or the Court may want to incorporate
drug or alcohol treatment into any diversion program or sentence. In other
situations, individuals may actually be more vigorously prosecuted by
the police based on concerns that their substance abuse will cause them
to commit more CDV offenses in the future.
Alcohol or drug use may create a situation in which either the alleged
victim or the CDV defendant may not have a clear recollection of the events
or complaints leading up to the arrest. It is possible in South Carolina
to go to trial for domestic violence even when all of the witnesses may
have no independent recollection of what actually transpired. The State's
"no drop" policy may still apply even in cases where the alleged
victim was intoxicated.
Examples of circumstances common in improper CDV arrests include:
When the original complaint or report is made to 911 or law enforcement
by an individual under the influence of alcohol or drugs it can have serious
consequences. A situation where no arrest is warranted may result in an
arrest for CDV. A situation where the genuine allegations may legitimately
result in CDV charges may result in felony CDVHAN charges. This is due
to the fact that alcohol or drug intoxication impaired the ability (or
desire) to clearly and accurate recollect and communicate events or complaints
to law enforcement.
If you or a loved one has been charged with criminal domestic violence
in South Carolina you owe it to yourself to obtain the services of an
experienced attorney. James Snell is familiar with domestic violence law
and procedure, and has represented clients in cases with allegations of
alcohol or drug intoxication.
Contact a CDV Defense Attorney Today
To discuss your case with our office schedule an appointment by calling
(888) 301-6004. Initial appointments are provided on a confidential and
no cost basis. They are held at our office located at 316 South Lake Drive,
in downtown Lexington.
If you have been recently arrested for criminal domestic violence a good
place to start your understanding of this offense is by reading our
frequently asked questions about CDV. We represent clients in the Lexington County CDV Court, the
Richland County CDV Court and other
South Carolina criminal Courts.