If you have been arrested for driving under the influence in South Carolina you should hire an experienced legal representation to ensure that your rights are being aggressively defended. In fact, there are many areas in which accomplished drunk driving defense lawyers can assist you during this ordeal; by possibly proving that the results of the chemical test that you submitted were inaccurate and that the officer's recollections of the arrest were erroneous.
Following a DUI arrest you are facing serious repercussions and have a lot at stake. A skilled drunk driving defense attorney may be able to:
- Prevent your driving privilege from being revoked
- Lessen your monetary fines
- Reduce your charges
- Keep you out of jail
- Keep you from performing public service
Depending upon the particulars of your case, your DUI defense lawyer may be able to use well planned strategies to challenge the evidence that is being used against you by doing the following:
- Hire an analyst to review your blood alcohol content and determine if it was rising. If so, the results of a chemical test may be inaccurate.
- Find errors made by the officer, by reviewing the evidence.
- File a pretrial motion to suppress evidence in the case.
- Have your blood sample retested by a private laboratory.
- Get and review the maintenance of the breathalyzer that was used for your chemical test.
- Visit the arrest scene and take photographs, to show that there were inconsistencies with the road or ground which affected your ability to successfully perform the field sobriety test.
Unlike other states, South Carolina police officers are required to videotape the arrest and breath test of a suspected drunk driver. All videos of DUI arrests and breath test should include the suspect being given his or her Miranda warning during the arrest and again before the breath test, as well as videotape of the breath test being performed.
In South Carolina it is the responsibility of the prosecutor to prove that an individual was under the influence of alcohol while driving, which resulted in mental and physical impairments, affecting his or her ability to operate the vehicle safely.
There are varying levels of punishments for DUI convictions in South Carolina. The punishment for a first offense DUI conviction may include a $400 fine and a jail term of up to 30 days. A second DUI conviction may be punishable with a fine of up to $5,000 and up to 1 year in jail. A third DUI conviction may result in the defendant paying a 6,300 fine and spending up to 3 years in jail. Four or more drunk driving convictions may require the defendant to spend 5 years in jail.