In South Carolina DUI cases, defense attorney Michael L. Brown, Jr. (serving Rock Hill, SC) uses motions to suppress to protect his clients whenever possible. Suppressing key evidence can help prevent prosecutors from meeting their burden of proof—which can potentially lead to pre-trial dismissal. For example, by filing motions to suppress focused on Fourth Amendment violations during warrantless vehicle searches or flaws in “probable cause” affidavits in York County, MLB Law can work to exclude illegally gathered evidence from trial.
As a defendant in South Carolina’s criminal justice system, you are entitled to the full protections afforded by the U.S. Constitution. This includes the protection against receiving an unfair trial. As a result, if prosecutors are planning to use evidence that was obtained in violation of your other constitutional rights (i.e., the Fourth Amendment protection against unreasonable searches and seizures), you may be entitled to have this evidence suppressed from your trial.
Why is this important? It is important because the prosecution has the burden of proof. In order to secure a DUI conviction, prosecutors must be able to present sufficient evidence to convince the judge or jury that you are guilty beyond a reasonable doubt. If prosecutors can’t use their evidence against you, they won’t be able to meet this burden—and this means they won’t be able to secure a conviction.
Challenging “Reasonable Suspicion” in York County
While there are several potential grounds for filing a motion to suppress in a DUI case in York County, two of the most common reasons are: (i) lack of “reasonable suspicion;” and, (ii) lack of “probable cause.” Under the Fourth Amendment, the police must have reasonable suspicion in order to conduct a traffic stop.
Specifically, they must have reasonable suspicion that you have violated the law. This doesn’t necessarily mean that they need to pull you over on suspicion of DUI, but it does mean that they need to have a law enforcement-related reason for pulling you over. If the police racially profiled you or stopped you for any other unlawful reason, this could serve as clear grounds for a motion to suppress.
Challenging “Probable Cause” in York County
In addition to having reasonable suspicion to conduct a traffic stop, the police must also have probable cause to make an arrest. “Probable cause” is a higher standard than “reasonable suspicion.” If the police arrested you without probable cause, this is a clear violation of your Fourth Amendment rights, and you could have clear grounds to file a motion to suppress in this scenario as well.
Crucially, if the police didn’t have probable cause to conduct an arrest but they did have reasonable suspicion to pull you over, then some of the prosecution’s evidence may still be admissible. Specifically, prosecutors may still be able to use any evidence obtained prior to your unconstitutional arrest. This is critical to keep in mind—and, when you speak with a DUI defense lawyer about your case, it will be important for you to provide your lawyer with as many details about your traffic stop as possible.
Invalidating Warrantless Search Affidavits
As a general rule, probable cause is also required for a search warrant. However, the U.S. Constitution allows the police to conduct warrantless searches in some cases. For example, during a DUI stop in York County, the police may be able to conduct a warrantless search based on:
The DUI suspect’s consent (even if the suspect did not realize he or she had the right to refuse)
A search incident to arrest
The “plain view” exception or the automobile exception
While the police can conduct warrantless searches in certain circumstances, after conducting a warrantless search, the police must generally prepare an affidavit or sworn statement attesting to the constitutional basis for the search. Challenging the claims made in a warrantless search affidavit can be essential for keeping evidence out of court—and, from deficiencies to false statements, there may be several grounds for doing so.
The Exclusionary Rule in 2026: Targeting Pre-Trial Dismissal By Filing a Motion to Suppress
The exclusionary rule prohibits prosecutors from using unconstitutionally obtained evidence during a DUI trial in York County. However, when the exclusionary rule applies, it is up to defendants to assert their legal rights effectively. This means that DUI defendants must file a motion to suppress when warranted, and they must be able to convince the court that the constitutional issue (or issues) at hand warrant excluding relevant evidence from trial.
As noted above, while filing a motion to suppress can keep key evidence out of trial, it can also set the stage for a pre-trial motion to dismiss. If prosecutors do not have the evidence they need to convict you, you should not be forced to go through the trial process.
Suppression as a Defense Foundation in South Carolina Criminal Cases
Even if the circumstances are such that pre-trial dismissal of your DUI charge isn’t warranted, filing a motion to suppress could still be a foundational element of your overall defense strategy. The less evidence prosecutors have against you, the harder it will be for them to meet their burden of proof.
Defending against a DUI charge in York County often requires a multi-faceted approach; and, even if the prosecution has admissible evidence against you, you may still be able fight your DUI charge through other means. For example, breathalyzer and field sobriety test (FST) results can both be called into question on various grounds. An experienced York County DUI defense lawyer will be able to build a comprehensive defense strategy focused on the specific facts of your case and fight to protect you by all means available.
Schedule a Free Consultation with a York County DUI Defense Lawyer at MLB Law
If you are facing a DUI charge in the Rock Hill, SC area, York County DUI defense lawyer Michael L. Brown, Jr. can help. To schedule a free and confidential consultation as soon as possible, call 803-328-8822 or tell us how we can reach you online now.
If you have been arrested for a crime in South Carolina, you need to put an experienced criminal defense lawyer on your side. This starts with scheduling a free consultation. While some lawyers charge for their initial consultations, we do not. Why? Simply put, we believe that you shouldn’t have to pay to make an informed decision about your legal representation.
Why It’s Important to Hire an Experienced Criminal Defense Lawyer in South Carolina
We also know that many people have questions about hiring acriminal defense lawyer to represent them. Is it really worth it to hire a lawyer for your criminal case? What if you know you are guilty?
Here are five reasons why it’s important to hire an experienced lawyer to represent you, regardless of the facts of your case:
1. All Criminal Charges Carry Steep Penalties in South Carolina
Regardless of why you were arrested, you are facing steep penalties. In South Carolina, all misdemeanors and felonies carry fines and jail (or prison) time, and you could be facing various other penalties as well. For example:
DUI – For a “standard” first-time DUI, you could be facing nearly $1,000 in fines and fees, up to 30 days in jail, and up to a six-month driver’s license suspension.
Assault – For a simple assault charge (which is a misdemeanor in South Carolina), you could be facing up to a $500 fine and 30 days in jail.
Drug Crimes – Simple possession charges are also misdemeanors in South Carolina, while distribution and other more-serious crimes are felonies that can carry years or decades behind bars.
Getting convicted of a crime can have academic, professional, military, immigration, and other consequences as well. As a result, you owe it to yourself to fight your case by all means available.
2. You May Have a Variety of Options for Avoiding Unnecessary Consequences
When you are facing criminal charges in South Carolina, fighting for a “Not guilty” verdict at trial is not your only option. Depending on the facts of your case, you may also have options such as:
Entering into a pre-trial diversion program (which allows you to avoid a conviction without going to court);
Seeking a pre-trial dismissal on constitutional or other grounds; and/or,
Negotiating a plea bargain for a reduced charge or sentence.
An experienced defense lawyer will be able to help you understand your options based on the specific circumstances of your case. Then, you can use this information to make smart decisions about your next steps.
3. Avoiding Unnecessary Consequences Requires an Informed Approach to Your Case
Regardless of the options you have available, avoiding unnecessary consequences requires an informed approach to your case. Once you hire an experienced defense lawyer to represent you, your lawyer will be able to give you advice, help you make smart decisions, and help you avoid costly mistakes every step of the way.
4. The Prosecutor’s Role is To Pursue a Conviction By All Means Available
Regardless of whether you hire a defense lawyer to represent you, prosecutors will be on the other side of your case. Prosecutors are lawyers who work for the government, and their job is to pursue a conviction by all means available. They will not go easy on you if you choose not to hire a lawyer.
5. The Judge’s Role is to Apply the Law to the Facts Presented in Court
The judge will not go easy on you, either. In criminal cases, the judge’s role is to apply the law to the facts presented in court. If the judge only has the prosecution’s facts to go on, the judge may have no choice but to find you guilty and impose a sentence consistent with South Carolina law.
Preparing for Your Free Consultation with a Criminal Defense Lawyer
As we said above, hiring a defense lawyer to represent you starts with scheduling a free consultation. To prepare for your free consultation, you should:
Take detailed notes about the events leading up to your arrest.
Take detailed notes about everything that has happened since your arrest; and,
Prepare a list of questions you want to ask during your free consultation.
While it is important to take these steps, it is even more important to get started on your defense as soon as possible. With this in mind, if you are fuzzy on the details or don’t know what questions you want to ask, this should not stop you from scheduling a free consultation today.
Answers to Frequently Asked Questions (FAQs) About Criminal Attorney Free Consultations in South Carolina
Are assault and violent crime cases eligible for a free attorney consultation?
Yes, we provide free consultations for all criminal cases in South Carolina. Regardless of the charge (or charges) you are facing, we strongly encourage you to schedule a free consultation at our law firm today.
What happens during a free criminal defense consultation?
A free criminal defense consultation is an opportunity to learn what you can expect from your criminal case and get questions to any questions you may have. At the end of your free consultation, you should feel like you have the information you need to make smart decisions about your next steps.
Will the attorney give legal advice during a free consultation?
Your attorney may provide some advice during your free consultation, but the purpose of this meeting is more about providing you with information than advice. Before your attorney can provide in-depth advice, he or she will need to learn the details of your case.
How long does a free criminal defense consultation usually last?
A free criminal defense consultation usually lasts somewhere around 30 minutes. Depending on the complexity of your case, your free consultation could be shorter or longer.
If you would like to schedule a free consultation with a South Carolina criminal lawyer, we encourage you to contact us today. Call 803-328-8822 orrequest an appointment online now.
From Friday and Saturday nights to holiday parties and New Year’s Eve, the risk of getting a DUI is a concern year-round in South Carolina. If you are facing a DUI, it will be critical for you to make informed decisions about your next steps, and you will need to be very careful to avoid making mistakes that could jeopardize your future unnecessarily.
In 2025, we published several articles that provide important information for individuals who are facingdrunk driving charges in South Carolina. Here is a look back at the topics we covered throughout the year:
What To Expect After Your DUI Arrest in Rock Hill, SC
When you get arrested for driving under the influence (DUI) in South Carolina, it is important to know what comes next. Your case will move forward quickly—whether you play a role in the process or not. From your arraignment to your trial (if your case goes to trial), you need to be prepared every step of the way. To learn what you can expect after your arrest, you can read:What Happens When You Get a DUI in SC?
Will You Lose Your Driver’s License Because of Your DUI?
Losing your driver’s license as a result of a DUI is a very real possibility in South Carolina. Not only can you lose your driver’s license if you get convicted of DUI at trial, but you can also lose your driver’s license before trial in many cases as well. To learn what you need to know about losing (and protecting) your driver’s license after a DUI arrest, you can read:Do You Lose Your Driver’s License for a DUI in South Carolina?
Will You Lose Your Job Because of Your DUI?
Losing your job as a result of a DUI is a very real possibility in South Carolina as well. Employers are well within their rights to consider employees’ DUI arrests and convictions when deciding whether to maintain their employment. Additionally, even if you don’t lose your current job, your DUI could make it much more difficult to find a different job in the future. Learn more:Will I Lose My Job Because of a DUI in South Carolina?
Is It Really Worth Fighting Your South Carolina DUI?
While losing your driver’s license and losing your job are very real risks after a DUI arrest in South Carolina, these are not the only consequences at stake. Under South Carolina law, DUI convictions can lead to fines, jail time, and other serious consequences. A DUI conviction will lead to a substantial increase in your auto insurance premiums and other financial consequences as well. With this in mind, if you are wondering whether it makes sense to fight your DUI, we strongly encourage you to read:Is It Worth Fighting a DUI in South Carolina?
What You Need to Know if You’re Admitted to Driving Drunk
Constitutional Issues that Can Protect You Even if You Were Driving Drunk
One way you may be able to fight your DUI if you admitted to driving drunk (or if you didn’t) is by asserting your constitutional rights. If the police or prosecutors have violated your constitutional rights, then the prosecution’s evidence against you may be inadmissible in court. To learn about your legal rights during (and after) a DUI arrest, you can read:Constitutional Issues in South Carolina DUI Cases: Know Your Rights.
Can You Get a DUI on Private Property in South Carolina?
Many people are surprised to learn that you can get a DUI on private property. From private parking lots and parking garages to neighborhood streets and your own driveway, you can get a DUI just about anywhere in South Carolina. If you need to know more, you can read:Can You Get a DUI on Private Property in South Carolina?
What Types of Evidence Can You Expect Prosecutors to Use Against You?
When deciding how to approach your DUI case, you need to know what evidence prosecutors have against you. This is essential for making informed decisions about your defense. While prosecutors in South Carolina can use several forms of evidence in DUI cases, some forms of evidence are more common—and more powerful—than others. Learn more:4 Key Types of Evidence in South Carolina DUI Cases (and How to Fight Against Them).
What You Need to Know If This Isn’t Your First DUI
While all DUIs carry steep penalties, you are facing even steeper penalties if this is not your first DUI. Repeat offenders face enhanced penalties under South Carolina law. If you are being charged as a repeat offender, it is important that you read:Defending Against a DUI as a Repeat Offender in South Carolina.
What to Expect When You Hire a DUI Lawyer to Represent You
Whether this is your first, second, third, or fourth DUI, you need an experienced lawyer on your side. There are several important ways an experienced DUI lawyer can help you, and hiring an experienced lawyer promptly is one of the most important steps you can take to protect your future. To learn what to expect (and what not to expect) from your DUI lawyer, you can read:What Can (and Should) You Expect from Your Rock Hill DUI Lawyer? andWhat Shouldn’t You Expect from Your Rock Hill DUI Lawyer?
Request a Free Consultation with a Rock Hill, SC DUI Lawyer Today
Are you facing a DUI in Rock Hill, SC? If so, please get in touch with us promptly to discuss your case in confidence. To request a free consultation, call 803-328-8822 ortell us how we can reach you online today.
Did you get a DUI on private property in South Carolina? If so, we encourage you to contact us promptly to discuss your case. To schedule a free consultation with an experienced Rock Hill DUI defense lawyer, call 803-328-8822 ortell us how we can reach you online today.
While most people know that South Carolina’s DUI laws prohibit drunk driving on public streets and highways, many people do not realize that the state’s DUI laws apply on private property as well. In South Carolina, the law does not distinguish between driving under the influence on public and private roads—or even between driving under the influence on public and private property in general.
This means that it is possible to get a DUI just about anywhere in the state.
As a result, if you got aDUI on private property in South Carolina, the fact that you were on private property is not a defense in your case. However, you may have other defenses available—and, due to the penalties you are facing, it is important that you defend yourself by all means available.
South Carolina’s DUI Law Applies to Driving on Public and Private Property
The fact that South Carolina’s DUI law applies to driving on both public and private property is made clear in the language of the law itself. Section 56-5-2930 of the South Carolina Code of Lawsstates:
“It is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired . . . . A person who violates the provisions of this section is guilty of the offense of driving under the influence and, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished [in accordance with the law].”
As you can see, the law makes no mention of where a person is driving under the influence. While many people find this surprising, it makes sense when you think about it.
Assaults and other violent crimes can be prosecuted regardless of where they occur. While DUI isn’t generally classified as a violent crime (although it can lead to DUI manslaughter or reckless vehicular homicide charges in some cases), like violent crimes, driving under the influence is illegal because of the dangers it presents. Thus, just as it is possible to face criminal prosecution for assaults and other violent crimes on private property, it is possible to face criminal prosecution for driving under the influence on private property as well.
Since it is illegal to drive under the influence on both public and private property in South Carolina, prosecutors can (and do) pursue convictions following DUI arrests in all types of locations. This includes, but is not limited to, locations such as:
Parking lots and parking garages
Private neighborhood roads and homeowners’ association (HOA) property
Private driveways
Farm tracks and other private roads
Golf courses, private boat landings, and other similar types of locations
Given that this is the case, if you were arrested for DUI in your neighborhood, in a bar parking lot, or on any other private property, you need to be prepared to fight your drunk driving charge just as you would if you had been arrested on a public road. How can you fight your DUI on private property? Keep reading to find out.
Defense Strategies in DUI Cases Involving Arrests on Private Property
Broadly speaking, there are three ways to deal with any type of DUI charge in South Carolina. If this is your first DUI, your options include: (i) entering into a pretrial diversion program; (ii) seeking a plea deal; or, (iii) fighting your DUI in court. If this is not your first DUI, then entering into a pretrial diversion program likely isn’t an option, and you will need to either target a plea deal or fight to avoid unnecessary consequences in court.
1. Entering Into a Pretrial Diversion Program
First-time offenders can often avoid the consequences of a DUI conviction by entering into a pretrial diversion program. The key features of these programs are as follows:
They are an option for first-time offenders who are facing a DUI conviction at trial;
Completing the program involves complying with requirements similar to being on probation; and,
If you complete a pretrial diversion program successfully, your DUI will be dismissed.
If successfully fighting your DUI in court isn’t a realistic option in your case, then entering into a pretrial diversion program could be your best option under the circumstances at hand. While completing the program will require time and effort, avoiding thelife-altering consequences of a DUI conviction will be well worth it in the end.
2. Seeking a Plea Deal
If entering into a pretrial diversion program isn’t an option in your case, then avoiding unnecessary consequences could involve securing a plea deal. Prosecutors will often be willing to consider plea deals in DUI cases; and, while accepting a deal still means facing consequences (typically the consequences associated with a reckless driving conviction), these consequences are nowhere near as severe as the consequences of having a DUI on your permanent record. If you got a DUI on private property, an experienced DUI defense lawyer will be able to help you decide whether seeking a plea deal is your best option.
3. Fighting Your DUI on Private Property in Court
If seeking a plea deal isn’t your best option, then the alternative is fighting your DUI in court. An experienced DUI defense lawyer may be able to use various strategies to fight for a pretrial dismissal, and your lawyer will be able to fight for a “Not guilty” verdict at trial if necessary. If your best option is to fight your DUI in court, you will want to get started on your defense as soon as possible.
Schedule a Free Consultation with a Rock Hill DUI Defense Lawyer Today
Did you get a DUI on private property in South Carolina? If so, we encourage you to contact us promptly to discuss your case. To schedule a free consultation with an experienced Rock Hill DUI defense lawyer, call 803-328-8822 ortell us how we can reach you online today.
If you are facing a DUI charge in Rock Hill, there areseveral important reasons to put an experienced DUI lawyer on your side. While it is important to hire a lawyer promptly, it is also important to make an informed decision about your legal representation—and this makes it important to know what you can (and should) expect when you hire a lawyer to represent you.
At the same time, it is important to know what not to expect as well. Having reasonable expectations will be important for the success of your case. So, what can (and should) you expect from your lawyer—and what should you not expect from your legal representation? Here’s what you need to know:
What to Expect from an Experienced Rock Hill DUI Lawyer
When you hire aDUI lawyer to represent you, you are entitled to several expectations. These expectations include:
A Realistic and Straightforward Assessment of Your DUI Case
One of the first things you can expect is a realistic and straightforward assessment of your DUI case. While your lawyer will need to gather additional information to fully assess the risks you are facing and the options you have available, your lawyer should be able to provide a preliminary assessment of your case during your free initial consultation. Your lawyer should then work to gather the additional information needed as efficiently as possible so that he or she can advise you appropriately.
A Thorough Explanation of the Consequences of a DUI Conviction in South Carolina
The consequences of a DUI conviction in South Carolina can be severe. These include not only DMV and court-imposed penalties, but alsoother consequences that can impact nearly all aspects of your life. You can expect your lawyer to explain these consequences to you so that you have a clear understanding of what is at stake in your case.
A Commitment to Your Best Interests
As your advisor and representative, your lawyer will be committed to your best interests. Your lawyer will advise you with your best interests in mind, and your lawyer will use his or her experience to help you seek a favorable resolution under the circumstances at hand. With prosecutors working hard to convict you, it will be critical for you to have an experienced lawyer on your side.
Transparency About Your Lawyer’s Legal Fees
When you hire a lawyer to handle your DUI case in Rock Hill, you should not be left wondering how much your legal representation is going to cost you. Your lawyer should be fully transparent about his or her legal fees, and you should only be charged the legal fees stipulated in your engagement agreement.
While it costs money to hire a DUI lawyer to represent you, hiring a DUI lawyer can save you money in the long run. Although there are no guarantees (as we discuss below), if your lawyer is able to help you avoid a DUI conviction, you will almost certainly pay far less than you would have paid otherwise.
Clear and Effective Communication
Clear and effective communication is extremely important in the lawyer-client relationship. Not only do you need to receive timely advice from your lawyer, but you also need to be able to clearly understand what your lawyer is recommending. An experienced Rock Hill DUI lawyer will be able to communicate with you effectively so that you can feel confident in your decision-making.
The Advice You Need to Make Informed Decisions
This brings us to our next point: You can expect your DUI lawyer to provide the advice you need to make informed decisions. This includes (but is not limited to) making informed decisions about:
Whether to seek (and whether to accept) a plea bargain
Whether to fight your DUI at trial
The decisions you make during your DUI case could impact your life for decades to come. As a result, it is critical that you make these decisions based on sound and custom-tailored legal advice.
Effective Legal Representation in Plea Negotiations or in Court
Finally, you can expect your DUI lawyer to provide effective legal representation in plea negotiations or in court. Your lawyer will communicate with prosecutors or present your defense to the judge or jury on your behalf, and your lawyer will argue for an outcome that minimizes the consequences of your DUI arrest to the fullest extent possible.
What Not to Expect from Your Legal Representation
While you are entitled to several expectations when you hire a DUI lawyer to represent you, there are also certain things that you should not expect from your legal representation. These include:
Immediate Availability 24/7
You should expect to be able to communicate with your lawyer about your DUI case in a timely manner. However, this does not necessarily mean that you should expect your lawyer to be immediately available 24/7. Your lawyer will have other clients as well, and your lawyer will be managing his or her schedule to ensure that all clients receive the advice and representation they deserve.
The Ability to Handle Your Case Without Your Involvement
To represent you effectively, your lawyer will need your help. As a result, while you can (and should) rely on your lawyer to build and execute your defense strategy, you should also expect to remain involved throughout the process.
A Guarantee of Success
Finally, no lawyer can guarantee a successful outcome in your DUI case. While your DUI lawyer can (and will) fight vigorously on your behalf, your lawyer cannot force prosecutors to offer a favorable plea deal, nor can your lawyer force the judge or jury to render a “Not guilty” verdict in court.
Schedule a Free Consultation with an Experienced Rock Hill DUI Lawyer Today
Are you facing a DUI charge in Rock Hill, SC? If so, we encourage you to contact us promptly for more information. To discuss your case with an experienced Rock Hill DUI lawyer in confidence, call 803-328-8822 orrequest a free consultation online today.
Did you admit to driving drunk during your DUI arrest? If so, you are not alone—many people make this same mistake. But, now that you’ve made it, it is critical that you do not make any more mistakes that could jeopardize your defense. Even in this scenario, you can (and should) fight your DUI in South Carolina. Here’s what you need to know:
Fighting a DUI in South Carolina When You Admitted to Driving Drunk
Even if you told the arresting officer that you had been drinking, this doesn’t necessarily mean that you will be found guilty ofdriving under the influence (DUI) in court. While you might be facing an uphill battle to avoid a conviction, you might also have a variety of defenses available.
There Could Be Issues with Your Confession
First and foremost, there could be issues with your confession. Just because you admitted to driving drunk, this doesn’t necessarily mean that prosecutors will be able to (or should be able to) use your own words against you. Some examples of potential issues include:
You Didn’t Actually Admit to Driving Under the Influence
What exactly did you say to the police? Did you actually admit to drinking and driving? Or, did you just admit to drinking?
If you said something like, “Yes, I was drinking earlier this evening,” this does not prove that you were drunk at the time of your arrest. Simply proving that you had a drink (or even a few drinks) is not enough for prosecutors to secure a DUI conviction in South Carolina. To secure a conviction, prosecutors must be able to prove thateither: (i) your drinking caused your blood alcohol concentration (BAC) to be over the limit while you were driving; or, (ii) your drinking caused you to be, “under the influence of alcohol to the extent that [your] faculties to drive a motor vehicle [were] materially and appreciably impaired.”
You Didn’t Actually Know Whether You Were Driving Under the Influence
This brings us to the next potential issue with your confession: Even if you thought you were driving under the influence, the reality is that you had no practical way of knowing whether you were breaking the law.
If you didn’t know your BAC and you didn’t know what it means to be “materially and appreciably impaired,” then you didn’t know whether you were guilty of driving under the influence(DUI). If your confession isn’t reliable, then prosecutors shouldn’t be able to use it against you.
It is important to keep in mind, however, that even if prosecutors can’t rely solely on your confession to secure a conviction, they may still be able to use it as one piece of evidence in your case. For example, if you admitted to drinking and the arresting officer observed you driving erratically, prosecutors may be able to put these together (along with any other evidence that may be available) to build a case for a “Guilty” verdict at trial.
Police Obtained Your Confession in Violation of Your Rights
With this in mind, it may be necessary to challenge the admissibility of your confession on other grounds as well. One way to do this is by showing that the police obtained your confession in violation of your rights.
If the police stopped you without reasonable suspicion, arrested you without probable cause, or questioned you in custody without reading your Miranda rights, all of these are issues that could potentially render your confession inadmissible. Crucially, if the police stopped you without reasonable suspicion or arrested you without probable cause, this could also render the prosecution’s other evidence against you inadmissible in court. If your confession (or any other evidence) is inadmissible in court, prosecutors won’t be able to use it to seek a conviction.
You Could Have Additional Defenses Available
In addition to raising issues with the reliability and admissibility of your confession, you may be able to use other defenses to fight your DUI as well. There are several potential defenses to DUI charges in South Carolina, and an experienced DUI defense lawyer will be able to assess all of your options for fighting to avoid penalties and a stain on your permanent record.
Some examples of other defenses you might be able to use to fight your DUIinclude:
The police failed to record your DUI stop (as required by South Carolina law)
The police failed to make a valid arrest
Your BAC reading is unreliable (i.e., because the breathalyzer wasn’t calibrated)
Your BAC wasn’t over the legal limit when you were driving
Your field sobriety test results (as reported by the arresting officer) are unreliable
You were deprived of your right to an attorney or other fundamental rights
Importantly, while there are several potential defenses to DUI charges in South Carolina, there are also“defenses” that don’t work. As you prepare to fight your DUI charge, you will need to be careful to avoid mistakes that could lead to an unnecessary conviction.
You Could Be Eligible for Pretrial Diversion or a Plea Bargain
Finally, while fighting your DUI charge is one option, it isn’t necessarily the only option you have available. For example, if this is your first DUI, you may be eligible forpre-trial diversion—which provides an opportunity to avoid a conviction regardless of the circumstances of your case. If you aren’t eligible for pre-trial diversion and you don’t have a viable defense to your DUI charge, then seeking aplea bargain that reduces your charge to a “wet reckless” may be an option as well.
Discuss Your Case with an Experienced DUI Defense Lawyer in Rock Hill, SC
Did you admit to drinking or driving drunk during your DUI arrest? If so, we can help you, but it is important that you contact us promptly. To discuss your case with an experienced DUI defense lawyer in Rock Hill, SC as soon as possible, call us at 803-328-8822 ortell us how we can reach you online today.
