Arrests for driving under the influence don’t always lead to the maximum punishment allowable by law. It’s true everywhere in the United States. You and your attorney have strong options for preventing the strongest penalties the state’s courts can mete out.
South Carolina is known for its fairness in giving defendants a chance to offer evidence for a fair resolution. A combination of sensible reasoning, concessions and strong resolve may greatly reduce or even eliminate the price you pay if you face a charge of DUI.
Fair DUI arrests require sophisticated evidence collection
A lot can go wrong in what appears to some as a simple, open-and-shut DUI arrest.
Stopping your vehicle in the first place needs to occur for a clearly valid reason. Vague and incomplete evidence, potentially influenced by discriminatory factors, aren’t enough. Regardless of what happens later, the stop must be justified.
Breathalyzer tests and other chemical testing must also be fair. Just like the stop itself, the officer’s subjective opinion needs to meet a high bar for reliability before the Breathalyzer results can be used in the case.
In South Carolina, videotaped evidence of DUI arrests must be made by the arresting officers. This law, in place for more than 2 decades, requires the officers to begin taping as soon as the squad lights go on. The video must show the field sobriety tests and the Breathalyzer.
For this tape to be admissible in court, the identity and activities of the person being arrested must be clear. Videos are sometimes useless due to an officer’s lack of attention to details or inadequate video training. This can make it hard for any conviction to be fair.
The right of defendants must be taken seriously
DUI convictions in South Carolina can result in not only jail time and the loss of your license, but also increases in insurance premiums, loss of employment opportunities and the loss of financial aid and scholarships.
For some, the state’s DUI laws can mean long-term life changes and missed chances. These charges are serious. That’s why you’re owed your best opportunity to have the law and the evidence on your side.