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Unique South Carolina DUI laws place burden of proof on police

In many ways, South Carolina has unique laws regarding driving under the influence. This has served as a catalyst for discussion on this blog.

One of our blog posts, for example, noted that South Carolina law requires DUI arrests to be video recorded. Not only that, but the video footage must meet some very specific requirements in order to be considered admissible in a court of law.

Beyond that, breath tests for blood-alcohol concentration cannot be conducted at roadside using portable devices. This issue will be explored further in a future post.

A recent report indicated that some law enforcement officials vocalized the idea that it's not easy enough to convict people on DUI charges, largely due to these legal requirements.

Many South Carolina residents who made a one-time mistake that cost them thousands of dollars and a damaged reputation would likely disagree with that sentiment. Even though cops may think it's difficult to convict people, the penalties associated with conviction are remarkably stringent.

Furthermore, it's worth asking: Should it be "easy" for law enforcement officials to convict people?

Given the supposition of "innocent until proven guilty" in American criminal law, there should be a high burden of proof for conviction to be secured by prosecutors. Given the financial, professional and personal costs that can accompany a DUI conviction, it shouldn't be an effortless process for law enforcement to convict South Carolina residents on criminal charges.

Despite the fact that convictions shouldn't occur if any doubt about guilt exists, those who are accused should not take charges lightly. Launching a thoughtful defense will be necessary to ensure that the basic tenets of criminal law are upheld.

Source: To find out more, please visit our firm's DUI defense page.

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