Can A DUI Be Dismissed In SC?
Yes, a DUI can be dismissed or you can be acquitted of DUI at trial, but it’s not easy to make it happen. If you have been arrested for DUI you need the help of an experienced DUI defense lawyer who is equipped to take on and win tough cases. In practice, ALL DUI cases are tough cases.
The state will do everything in their power to get a conviction and saddle you with consequences such as fines, jail time, and an ignition interlock device because “putting drunk drivers behind bars” plays well with their constituents. With the prosecution not looking to do any favors you need someone on your side ready to fight for your freedom, your financial wellbeing, your personal reputation, and your future.
At Drennan Law Firm, we are well-versed in the law and well versed with making things tough for law enforcement and prosecutors in Charleston and surrounding areas of South Carolina. You are innocent until proven guilty and we will do everything in our power to make sure the prosecution’s burden of proof is a burden in every sense of the word in your DUI defense.
Your DUI charges don’t have to result in a conviction. The best way to get a dismissal or minimize the damage to yourself and your family is to fight back with the help of a proven lawyer from Drennan Law Firm. Call 843-352-4149 now for a free consultation.
How Can South Carolina DUI/DWI Charges Be Challenged In Court?
The first step is to come to grips with the situation you find yourself in. Now is not the time to live in denial about what happened or fall victim to self-pity; it’s time to take action to defend your legal rights. Getting in touch with an experienced DUI defense attorney is the best way to get your defense started.
Your attorney can build your defense on a foundation of challenging the evidence against you. No evidence=no case. This begins back at the origins of your DUI arrest: the traffic stop. Was there probable cause to pull you over? Examples of things that would provide reasonable suspicion for a DUI stop include:
- Swerving or drifting
- Straddling the center line
- Extremely slow driving
- Erratic driving
- Stopping for no apparent reason
- Nearly hitting other cars or objects
Without probable cause or reasonable suspicion for the traffic stop, evidence gathered during the stop may be ruled inadmissible in the DUI case, a result that can make all the difference in your attorney’s efforts to achieve an acquittal or a dismissal of the charges.
Speaking of probable cause or reasonable suspicion, DUI checkpoints are a frustrating exception to the rule in South Carolina. However, even if your arrest occurred at a DUI road block there are things your attorney can investigate and potentially challenge. These include the accuracy of the breath test equipment used by the police and the unreliable nature of field sobriety tests (can you say the alphabet backwards sober?).
Speaking of breath test equipment and field sobriety tests, a law on the books in South Carolina requires strong video evidence of such tests. The law states that the visual record must “include the entire breath test procedure”. The word “entire” has been interpreted by courts to mean that the subject of the test must remain in full view the entire time. This has resulted in defense lawyers successfully challenging breath test and field sobriety test evidence and achieving acquittals at trial.
No matter how bleak things may feel in the moment it’s crucial to make the call to a proven DUI defense attorney at Drennan Law Firm.
Options For Fighting A DUI Charge In South Carolina
Challenging the underlying evidence in your case is the best way to fight DUI charges in South Carolina. This begins with determining whether there was probably cause for your traffic stop, whether your constitutional rights were violated during the stop (were you the victim of an illegal search?) and whether proper procedure was followed for any tests the officers administered at the scene.
By getting evidence against you ruled as inadmissible it may be possible to make the prosecution see the writing on the wall and dismiss the charges. If they continue to pursue your case, the lack of evidence will make it easier to achieve an acquittal at trial.
In addition to fighting the DUI charge and hoping for a dismissal at trial, you may have the option of pleading to a lesser offense. Depending on the specific circumstances of your case and the evidence against you, that may be a viable option for protecting your interests and minimizing the damage you face. While a dismissal is the ideal outcome – closely followed by an acquittal – the best possible outcome for you may look different. That’s why it’s so important to have an experienced attorney on your side who will not lose sight of the big picture.
Benefits Of Hiring A Lawyer To Challenge A DUI Charge
Not everything is a do-it-yourself project. You have too much at stake in a DUI case to leave the outcome in the hands of anyone other than a seasoned DUI defense attorney who has won tough cases in South Carolina. Your attorney can help you take action quickly to challenge the state’s evidence and build a strong defense rooted in your constitutional rights. Simply stated, your lawyer knows what you don’t know about DUI defense and South Carolina’s criminal laws and administrative procedures and can use that information to help you protect your freedom and your driver’s license. Your lawyer has gone toe-to-toe with South Carolina prosecutors and knows how to combat their strategies for sullying your good name with a DUI conviction. With your reputation and future on the line, it’s not time to go it alone.
Your DUI defense can begin today with a single phone call to Drennan Law Firm. Call 843-352-4149 now for a free consultation with our experienced DUI defense attorneys. We look forward to counseling you on your options and building a strong defense on your behalf.