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South Carolina Criminal Defense Attorney | Over 25 Years Experience

Call Today | Free Consultation

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South Carolina Criminal Defense Attorney | Over 25 Years Experience

Call Today | Free Consultation

PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options.

Challenging DUI evidence

| Jul 9, 2021 | Drunk Driving |

If you have been arrested on suspicion of driving under the influence, you have some important decisions to make. Perhaps the most important is whether to plead guilty or to defend yourself against these charges. Before making any important decisions, talk to a lawyer who knows how to employ strong legal techniques to challenge even seemingly strong DUI evidence.

Was the stop legal?

Police must abide by the rules when conducting DUI stops and arrests. They cannot simply pull over anyone for any reason. They must have reasonable suspicion that a suspect is driving under the influence or otherwise in violation of the law before making a legal stop. If the stop is illegal, any information police gain going forward may be called into question.

Is the chemical test valid?

Breath and blood tests are not perfect. Some of the many reasons such evidence can be challenged include:

  • Faulty equipment
  • Failure to properly calibrate equipment
  • Untrained personnel using equipment
  • Gaps in the chain of custody

Just because your test came up higher than .08 blood alcohol concentration does not mean you are automatically guilty of a crime. A good defense lawyer can find opportunities for challenging even the most compelling evidence.

Was the field sobriety test fair?

There are a number of reasons a person can fail a field sobriety test aside from being under the influence of drugs or alcohol. A medical condition, a recent injury, obesity—all of these can make a field sobriety test difficult if not impossible to pass. If you failed the test, do not despair. It is not a given that this outcome will result in a conviction.

Don’t give up

Police like to make it sound like they have an “open-and-shut case” against you, but do not be dissuaded from standing up for your rights. Talk to a defense lawyer who can give you the best possible chance of putting this legal problem behind you.

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