If you were just arrested and charged with DUI, you may not be fully aware of your legal rights. A first time DUI charge can be harsh in South Carolina. You could face:
- 2-30 days in jail
- A $400 fine
- A 6-month license suspension
Just because you were arrested and charged with DUI, that doesn't mean you will be convicted. Depending on how your traffic stop, roadside test and arrest was conducted, the evidence against you may not be solid enough for a DUI conviction.
That's why it's important that you speak to an experienced South Carolina DUI defense lawyer after being arrested. Your attorney can point out the errors in the charges brought against you and dispute them in court.
What are some reasons why DUI cases can be dropped?
The primary reasons why a DUI case may be thrown out include:
- Police didn't have a legitimate reason for pulling you over. A police officer must have a legitimate reason for pulling you over. This includes traffic violations, such as speeding, running through red lights and stop signs, not staying in the lines of the road or having a broken taillight. The evidence against you may not be admissible in court if an officer didn't have reasonable suspicion to pull you over.
- The breath test results weren't accurate. There are many flaws in breathalyzer devices that render false blood alcohol concentration readings. It's advisable to take a breathalyzer test if administered by an officer. Failure to do so can result in a 180-day license suspension under South Carolina's implied consent law. Breath tests can be disputed in court since the results are often inaccurate.
- There is no sufficient evidence that you were driving. If you went to your car to retrieve something or were sitting in your car without the keys in the ignition, the police may believe that you were driving drunk. You may have been arrested just for standing outside of your car. None of this serves as evidence that you were actually driving, even if you had a BAC of 0.08 percent at the time of your arrest.
Contact a South Carolina lawyer who can fight your DUI charges
If you're facing DUI charges, don't hesitate to speak to an experienced DUI defense attorney at Matt Bodman, P.A.
Attorney Matt Bodman has been helping his clients fight DUI charges since 2002 and has real experience in the courtroom. Contact him online to find out how he can help you.