How to beat a DUI Charge:
It is that time of year again, Christmas parties are upon us. Not surprisingly, the most popular question a Charleston DUI Attorney receives is “How Do I Beat a DUI?”
That’s an easy question to answer… Take an Uber….
Sadly, however, most people do not take that advice and end up with their holidays ruined because they are pulled over and charged with a DUI.
If you made the mistake, did not take the Uber and were charged with a DUI, do not let 1 mistake become 2. Make sure you contact a Charleston DUI Attorney as soon as possible following the charge so you can get your defense in place.
Drunk Driving Laws in South Carolina:
The drunk driving laws in South Carolina are similar to the rest of the United States. It is illegal to drive in South Carolina if your blood alcohol content (BAC) is higher than .08. However, even if you blow below .08, if the officer believes you are intoxicated by another substance he can still charge you with a DUI. We call these Low-Blow DUIs.
Also, if you are under 21, the legal limit drops to .02. This is because if you’re under 21 you shouldn’t be drinking at all.
The penalty for drunk driving in the State of South Carolina increases with each offense. A guilty plea or conviction carries a suspension of your driver’s license. It also carries heavy fines and court fees. These go up each time you are convicted of the offense.
There are additional penalties if you refuse to take a breathalyzer. If you refuse a chemical test and it’s your first offense, your license will automatically be suspended for 6 months. For additional offenses, there is unlimited suspension time.
How to Beat a Drunk Driving Charge:
Take an Uber…
Drunk driving laws are pretty clear and simple in Charleston, SC. If you are above the legal limit, you will be charged with drunk driving. You will be charged with driving under the influence if an officer believes you are under the influence of drugs. If you don’t blow above the legal limit but the officer still feels you are impaired, you may be charged.
As we know, a lot of college students tend to engage in underage drinking in Downtown Charleston. Since the legal limit for drivers under 21 is only .02, it isn’t hard to qualify as drunk under the law. For a teenage girl, of normal weight, it only takes a half a drink to put her over .02. For a guy, it may not take much more than that.
The good news is that DUI is the only criminal offense in South Carolina that has a technical defense. It is this technical defense that helps defendants beat a drunk driving charge. If a field officer doesn’t conduct the field sobriety test properly, the authorities will dismiss your case.
How a Charleston DUI Attorney Can Challenge the Field Sobriety Test:
Your best chance of beating a drunk driving charge is by challenging the field sobriety test. A large part of a drunk driving case turns on the police officer’s interpretation of the events. His opinion carries a lot of weight in determining whether you’re charged with drunk driving. This isn’t something you can challenge at the time of your arrest. You need to challenge this separately in court.
A Charleston DUI Attorney should know how to challenge a field sobriety test. He will look at the officer’s notes to see what happened and will ask for a copy of the video of your field sobriety test. He will listen to the questions asked and your responses and will check to see if the officer executed the test properly.
Charleston DUI Attorney Trey Harrell will also look to see how the officer administered the chemical test. He will listen to see if the appropriate language was used. He will check to see what your responses were. This is another technical defense you can raise to a DUI charge.
If you or a loved one has been charged with a DUI in Charleston, Mount Pleasant, Summerville or anywhere else in the State of South Carolina, it is essential to contact an Attorney immediately. If you have any questions, please do not hesitate to give the Trey Harrell Law Office, LLC, LLC a call at 843.972.3242 to schedule a FREE consultation with Charleston criminal defense Attorney Trey Harrell or you can simply send him an email directly. At this consultation, Charleston Attorney Trey Harrell will be able to better explain to you the entire criminal defense process, what you are up against, any possible sentences and consequences, as well as begin to put together a plan for defending you, as well as answer any and all of you or your family’s questions.
*About Attorney Trey Harrell: A former prosecutor and judicial law clerk, Trey Harrell defends clients against various criminal charges including drug crimes, DUI, CDV, Fraud Charges as well as college student and juvenile crimes. Additionally, Attorney Trey Harrell also handles Federal and State investigations. He also represents individuals in Civil Matters including Auto Accidents, Wrongful Deaths and various Professional Licensing Defense cases. Attorney Trey Harrell is the owner of the Trey Harrell Law Office, LLC, L.L.C.; which is located in Charleston but can serve clients all over the State of South Carolina including but not limited to Summerville, Mount Pleasant, Hanahan, Isle of Palms, Sullivan’s Island and Awendaw.
**Please be aware that the use of this website does not create an attorney-client relationship. Attorney Trey Harrell is not your attorneys until we agree to that in writing. This website, along with any website to which we link, is designed for educational and informational purposes, not as legal advice. Each person’s legal matter is unique and requires the review of an attorney licensed in that person’s jurisdiction.