Knowing the points that you have to think about when you are arrested for a drunk driving charge might help you when you are planning your defense. You have to remember that the penalties for these charges are very serious and should provide you with a reason to work hard on the defense.
One thing that matters in South Carolina is dash cam footage. This isn’t the case in all states, but it could make a big difference in your case here.
The statute regarding dash cams
In South Carolina, a state statute requires that any officer who thinks that a driver is drunk has to start the dash cam in the patrol car as soon as they see signs that indicate a drunk driver. This includes the vehicle swerving, driving too slowly, and a host of other signs that meet the requirements of reasonable suspicion. The dash cam has to continue filming until the driver is put into the patrol as part of the arrest. The statute doesn’t leave room for lack of footage for any reason if the person is going to be charged with drunk driving.
Dash cam footage in a defense
You might be able to use the dash cam footage, or lack of footage, as part of your drunk driving defense. There are many different things that might impact the case. If there is a mechanical defect or if something happens and you aren’t in the frame of the camera, there is a chance that the charge might be dropped or reduced. It might even be possible to get a case thrown out if you admit to the drunk driving if the dash cam wasn’t rolling at the time of the admission.
Blood alcohol concentration information
There are three different blood alcohol concentration numbers you need to know in South Carolina. People under 21 years old can’t have a BAC of .02 percent or more. People who are 21 years old or older have a BAC limit of .08 percent. The exception to this is for commercial drivers who are 21 years old or older. These individuals have a limit of .04 percent if they are in a commercial vehicle.
Defense strategies vary
As you can imagine, there are many different defense strategies that you can employ in drunk driving cases. Considering the factors in the case and knowing the nuisances in the law might help you to decide which strategies might be suitable for your case. Take the time to think carefully about each point and determine the defense direction based on that information.