Chicago DUI lawyer comments on DUI prosecutor keeping his job while his own DUI is pending

It never ceases to amaze me how much it helps to have friends in high places. Over the holiday weekend a South Carolina DUI arrest ensnared a local DUI prosecutor. Looks like he gets to keep his day job:

July 8, Columbia, S.C.

Fifth-Circuit Solictor Barney Giese is in some legal problems, after he was charged with DUI following a traffic stop in Charleston.

Charleston police wrote in an incident report that Giese failed three of four field sobriety tests during a traffic stop. The reports claims Giese also refused a breathalyzer test.

Attorney Leigh Leventis has tried many of these types of cases. "When I see somebody administering four field sobriety tests it tells me that that person administering them has some significant doubt in his own mind and is trying to make a determination,"says Leventis.

The incident report also says the police cruiser was not equipped with a dash cam.

"It still amazes me that many law enforcement vehicles aren't equipped with them,"says Leventis.

From The State:

July 8, Columbia, S.C.

Giese refused to provide a breath sample at the police department, the report says, triggering an automatic suspension of his driver’s license.

Under state law, anyone who refuses a breath test automatically has his or her driver’s license suspended for six months.

Giese, 51, was taken to the Charleston County Detention Center. He will be required to attend a court hearing.

He released a statement after a reporter called Tuesday night.

“We are looking forward to resolving this matter as soon as possible ...,” he said in the statement. “It would be inappropriate for me to comment on this incident except to say that I am consulting with my attorney and law enforcement to determine the best resolution of this matter.”

Giese said he would have no further comment on the matter.

“I will continue to serve the people of Richland and Kershaw counties as I have for the past 15 years.”

Perhaps I should edit my prior post on the impact a DUI can have on your job. On second thought, maybe I don't have to edit it because it looks like my home state of South Carolina will let you keep your job prosecuting people charged with DUI's even when the prosecutor has his own charge for the same offense. I just don't think that would fly here in the Land of Lincoln.