South Carolina DUI Criminal Defense Lawyer

Individuals who are accused of drinking and driving in South Carolina have certain rights that must be respected and defenses that apply to their case. Our lead attorney Freddy Woods, associate attorneys and excellent support staff thoroughly review your case to identify the applicable defenses. We can argue defenses such as:

The Arrest Was Not Legal

You can lodge a defense based on an illegal arrest if the law enforcement officer did not follow proper procedures, such as:

• Having a legitimate reason to pull you over at the beginning of the stop
• Using a video camera from the moment the officer stopped you
• Administering field sobriety tests properly
• Reading you the implied consent notice
• Reading you Miranda rights

Give us specific details about your arrest and the circumstances surrounding it so that we can identify any clear violations of the law.

You Were Not Impaired

For cases involving a BAC of less than 0.08%, the prosecution must prove by proof beyond a reasonable doubt that your faculties were “materially and appreciably impaired.” So, even if law enforcement stops you after having a drink or two, you will not necessarily be convicted.

Video Evidence Establishes a Defense

As stated previously, South Carolina law requires law enforcement officers to videotape DUI stops unless exigent circumstances are present. The video must include the following:

• A reading of the implied consent warning
• Checking of your mouth
• Waiting 20 minutes
• Informing you that the breath test will be video recorded
• Administering the breath test
• Informing you that you can refuse the breath test
• A reading of the Miranda rights

If the law enforcement officer failed to video record all of these events, our knowledgeable lawyers will work to dismiss the charges against you.

The Test Was Not Accurate

Breathalyzer tests are prone to error. They must be calibrated on a routine basis. The person administering the test must be trained on proper testing procedures. Blood samples can get mixed up. Any of these factors can serve as a valid defense in your DUI case. The following factors can challenge the credibility of the test results:

• There was time between the arrest and the testing when your BAC may have been increasing
• The person who gave you the test or took your blood or urine samples was not qualified under South Carolina law
• The Breathalyzer machine was not properly calibrated, was not working properly or was defective
• There was a break in the chain of custody of your test results

Will I Still Be Able to Drive if I Am Arrested for DUI?

Your driver’s license can be suspended for 1 to 15 months for failing a breath test or refusing to take one in violation of the implied consent law. The length of your suspension depends on your offense and the number of previous DUI offenses you have been convicted of within the last ten years. However, you can request an administrative hearing to fight the loss of your driving privileges, which is a separate proceeding from your criminal case. If you win at the administrative hearing, your license suspension will end. You can apply for a Temporary Alcohol License while your administrative case is pending. However, if you don’t win at the hearing, your suspension will resume.

An experienced lawyer may help you apply for a “route restricted license” that will allow you to drive during your period of suspension to certain vital locations like work and school.

If your license was suspended because you violated the implied consent law, you can choose to install an ignition interlock device and apply for an IID restricted license.