Getting arrested for DUI in South Carolina can feel overwhelming. Your mind races with questions about your future, your license, and the potential consequences. The good news is that a DUI charge does not automatically mean a conviction. Many people successfully challenge these charges and achieve favorable outcomes.
South Carolina DUI laws are complex, but they are not unbeatable. With the right approach and legal strategy, you can fight back against these charges. This guide from our experienced Florence DUI defense lawyer will walk you through the most effective methods on how to beat a DUI charge in South Carolina.
Know Your Rights During a DUI Stop
Police officers must follow specific procedures during a DUI stop. When they fail to do so, it creates opportunities to challenge the evidence against you. Officers need a sound reason to stop you in the first place. This means they must observe specific behaviors like swerving, speeding, or running a red light.
Once stopped, you have rights that police must respect. You can remain silent and avoid answering questions that might incriminate you. You can also refuse field sobriety tests, though this refusal may result in automatic license suspension under South Carolina’s implied consent law.
The officer must read you your Miranda rights if they plan to interrogate you after your arrest. If they skip this step, any statements you make might be thrown out of court. These procedural errors happen more often than you might think and can be the key to beating your DUI charge.
Challenge the Traffic Stop Itself
Every DUI case begins with a traffic stop. Officers might claim you were weaving between lanes, but dash cam footage could tell a different story. They might say you ran a stop sign when you actually came to a complete stop. Weather conditions, poor lighting, or obstructed views can all affect an officer’s ability to accurately observe your driving.
Your Florence criminal defense attorney can request all video evidence from the stop, including dash cam and body cam footage. This evidence often reveals inconsistencies in the officer’s report.
Sometimes the footage shows that your driving was completely normal, undermining the entire basis for the stop.
Question Field Sobriety Test Results
Field sobriety tests are notoriously unreliable. These tests were designed for healthy individuals under ideal conditions. Real-world traffic stops rarely meet these standards. Several factors can affect your performance on these tests that have nothing to do with alcohol consumption.
Medical conditions can significantly impact your ability to perform these tests:
- Inner ear problems affect balance during the one-leg stand test
- Knee, hip, or back injuries make it difficult to perform physical tests
- Neurological conditions can cause coordination problems
- Certain medications affect your ability to follow instructions or maintain balance
Environmental factors also play a major role in test accuracy. Uneven pavement, poor lighting, traffic noise, and weather conditions all make these tests less reliable. Officers sometimes fail to account for your age, weight, or footwear when administering tests.
The horizontal gaze nystagmus test, where officers look for involuntary eye movements, requires specific training to administer correctly. Many officers lack proper certification or fail to follow the standardized procedures. These mistakes can invalidate the test results entirely.
Attack Breathalyzer and Blood Test Evidence
Breathalyzer machines are not perfect. They require regular calibration and maintenance to produce accurate results. When police departments fail to maintain these machines properly, the results become unreliable evidence in court.
Several factors can cause false-positive readings on breath tests:
- Acid reflux or GERD can bring alcohol from your stomach into your mouth
- Diabetes can produce acetone that reads as alcohol on some machines
- Certain medications and mouthwashes contain alcohol
- Dental work or dentures can trap alcohol in your mouth
Blood tests are generally more accurate than breath tests, but they are not foolproof. The chain of custody must be maintained from the moment your blood is drawn until it reaches the lab. Any break in this chain can compromise the evidence.
Lab procedures must follow strict protocols. Contamination, improper storage, or delays in testing can all affect the results. Your attorney can request records showing how your sample was handled and processed.
Examine the Arresting Officer’s Conduct
Police officers are human and make mistakes. Their conduct during your arrest can provide grounds to challenge your DUI charge. Officers must follow proper procedures when conducting tests and making arrests.
Did the officer wait the required observation period before administering a breath test? South Carolina law requires a 20-minute observation period to ensure you do not consume anything that might affect the test results. If the officer failed to properly observe you during this time, the test results might be inadmissible.
The officer must also be properly trained and certified to administer field sobriety tests and operate testing equipment. Training records and certifications are public information that your attorney can request. Sometimes officers are operating equipment they are not qualified to use.
Consider Plea Bargaining Options
Sometimes the best strategy is not to fight the charge directly but to negotiate for a lesser offense.
South Carolina prosecutors are often willing to reduce DUI charges to reckless driving or other traffic violations.
This approach makes sense when the evidence against you is strong but not overwhelming.
A reckless driving conviction carries fewer penalties than a DUI. You avoid the mandatory license suspension, ignition interlock requirements, and other consequences specific to DUI convictions. Your insurance rates will still increase, but not as dramatically as with a DUI conviction.
Plea negotiations require careful analysis of your case’s strengths and weaknesses. Your attorney needs to identify the problems with the prosecution’s case while being realistic about the risks of going to trial. Sometimes, accepting a reduced charge is the smartest move.
Beat a DUI Charge in South Carolina
Learning how to beat a DUI requires a comprehensive approach that examines every aspect of your case.
From the initial traffic stop to the final test results, there are numerous opportunities to challenge the evidence against you. The key is working with an attorney who knows how to identify and exploit these weaknesses.
If you are facing DUI charges, contact our experienced Florence criminal defense lawyers at Swilley Law Firm, LLC today. Our experienced team will review your case and develop a strategy to beat a DUI charge that fits your specific situation.
