SPARTANBURG COUNTY, SC (FOX Carolina)- A Greenville criminal defense attorney was arrested Sunday and charged with DUI, according to the Spartanburg County Sheriff's Office.

According to an incident report released by the Sheriff's Office, deputies observed a Chevrolet Tahoe swerving on Highway 357 and driving partially in a ditch.

Deputies say they pulled over David Mark Foster near Hammett Store Road.

According to the report, the deputy says he "immediately smelled the heavy odor of alcohol" and describes Foster as slurring his speech and struggling to stand up. The deputy states in the report that Foster was told to put the vehicle in park when he got out and Foster said he did, but the deputy says the SUV was left in drive.

The deputy says in the report, he and another law enforcement officer had to hold Foster upright to walk him to the patrol car.

Foster was booked into the Spartanburg County detention center on a DUI charge but later released on bond.

According to a background check from the South Carolina Law Enforcement Division, Foster was charged with driving under suspension two days before the incident in Spartanburg County.

The SLED report also shows Greenville Police Department charged Foster with DUI and child endangerment after a separate incident on June 13.

He was also charged with DUI by South Carolina Highway Patrol in August 2020, the background check shows.

Prominent DUI attorney Steve Sumner is representing Foster. Sumner declined to issue a statement to FOX Carolina but said his client is presumed to be not guilty.

Foster is out on bond, but Sumner said the solicitor's office has moved to have his bond revoked.

FOX Carolina reached out to the solicitor's office for more information.

Foster's website says he started his own firm in 2014 and specifically concentrates on DUI defense, CDV defense, drug defense and traffic violations.

According to the South Carolina Bar, Foster is a member in good standing.

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