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Just how far will police go to secure a DUI conviction?

Readers of our blog are probably aware that South Carolina law enforcement officials take drunk driving very seriously. In addition to the harsh penalties associated with being convicted for driving under the influence of alcohol, police have a variety of tools at their disposal to aid in the conviction of accused individuals.

In the neighboring state of Georgia, law enforcement officials in multiple jurisdictions are relying on very aggressive tactics to press charges for DUI. Leveraging the state's implied consent law, officials are obtaining warrants to force those who refuse a breath test to give up a blood sample. Implied consent laws are also enforced in South Carolina, so it's possible that this tactic could be used within the state.

While law enforcement officials in Georgia tout this as an important measure, critics are not impressed. In fact, some are calling it the "Grab and Stab" policy, noting just how forceful it is.

Of course, refusing to submit to a breath test typically has negative consequences, but the strategy to strong-arm individuals into something as invasive as a blood test for exercising their right to refuse takes the issue to a new level.

Whatever the case, people facing DUI charges after being forced into a blood draw might automatically feel like the deck is stacked against them. The reality, however, is that there may be defenses to find holes in the case built by law enforcement. Namely, police must have probable cause to initiate blood-alcohol and intoxication testing, establish the proper chain of custody to verify blood evidence and chemical analysis must be conducted under certain conditions.

Certainly, understanding the complexities of challenging DUI charges seems overwhelming. As such, individuals may want to seek the assistance of an experienced attorney when dealing with difficult drunk driving charges.

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