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DUI Archives

Strategizing a defense against a DUI charge

Much like other states, South Carolina treats drunk driving seriously. Thus, when a law enforcement officer suspects that a driver is under the influence of alcohol, he or she will perform a traffic stop. This can be an overwhelming experience, as no one expects to go through the embarrassment of a field sobriety test on the side of the road. However, this is the process officers use to determine if there is probable cause to administer a blood alcohol concentration test. Errors can be made during this step, though, and officers may place a driver under arrest even when there are holes in the case.

Is a DWI checkpoint legal?

You are driving along the roadway at night, and suddenly you see vehicles stopping ahead of you. The road up ahead is blocked off, meaning vehicles had to stop and speak with law enforcement at the blockade. When you reach officers, they ask you if you have been drinking. Officers decide to conduct a field sobriety test followed by a breath test. The results of these tests cause you to be arrested for drunk driving. This scenario, although emotional and overwhelming, occurs throughout South Carolina and other states across the nation.

Can you reduce a DUI to a reckless driving offense?

No matter where you are leaving from or headed to, it is never a comfortable feeling getting pulled over by law enforcement. Motorists in South Carolina and elsewhere often fear the worst when they get pulled over. Even if it is not apparent why a police officer pulled you over, it is possible that an officer might suspect more than just the traffic offense that caused the traffic stop. If a driver is suspected of driving under the influence of alcohol, this could mean a DUI charge and serious penalties.

The legality of DUI checkpoints and your defense options

During the holiday months in the fall and winter, individuals in South Carolina and elsewhere note the increase in traffic on the roadways. Motorists are likely traveling to visit family, go to a holiday gathering or even attend a party. While these are common acts during this time of year, it is also a time where many consume alcoholic beverages. Although have one or two will likely not put a driver over the limit, driver with alcohol in your system can have its risks. This could mean an automobile collision or even a traffic stop by a police officer that suspects you are intoxicated.

Helping you assert a defense against a DUI

We all panic when we see police cruiser lights going off behind us while we travel on the roadways. A traffic stop might seem minimal when it comes to criminal charges; however, a simple traffic stop could easily take a turn, causing motorists in South Carolina and elsewhere facing more serious charges. If a police officer suspects that a driver is under the influence of alcohol, this could result in a drunk driving charge.

South Carolina Deputy Chief arrested for suspected DUI

Anyone who operates a motor vehicle could be subject to a traffic stop. While many of these stops stem from minor traffic offenses such as speeding, going through a stop sign or failing to yield, others could occur for more serious offenses. A drunk driving charge is one to not take lightly. It has the ability to generate serious penalties, impact a person's ability to operate a motor vehicle and even tarnish a person's personal and professional reputation. Thus, it is important for those accused of a drunk driving charge to understand their situation and what defense options they might have.

What does a field sobriety test entail?

When motorists in South Carolina are stopped for a suspected drunk driving, this can be an overwhelming experience. Even if a driver knows that they are not intoxicated and are surely not over the limit, this might not be what a police officer believes or observes if a field sobriety test is conducted. When a driver submits to this testing, they are also agreeing to evidence being collected against them. Even though the state views this information as evidence that could indicate a reasonable suspicion, motorists should note that this information is not always properly collected or reliable.

Understanding what constitutes a felony DUI charge

Although drinking and driving is a known danger, it is still a problem on the roadways in South Carolina and elsewhere. Because authorities seek to crack down on this violation and danger on the roadways, serious penalties were implemented for offenders. However, in order for a driver to be charged with a DUI, probable cause and evidence that asserts reasonable suspicion must be collected. In matters where a suspected drunk driver causes an accident, authorities still need to go through the process to prove that alcohol was a factor in an accident.

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