Important Lessons for Facing a DUI Charge in South Carolina: 2024 Recap

Important Lessons for Facing a DUI Charge in South Carolina: 2024 Recap

by | Dec 1, 2024 | DUI Charges

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Drunk driving arrests can have serious consequences in South Carolina. To protect yourself, you must make informed decisions about all aspects of your case. This applies to everything from choosing a DUI lawyer to represent you to deciding whether to seek a plea bargain or request a jury trial.

Throughout the year, we’ve covered several important topics for individuals facing DUI charges in South Carolina. If you are facing a DUI charge heading in 2025, here are some resources that can help you make informed decisions as you move forward:

Hiring a DUI Lawyer to Represent You

Avoiding unnecessary consequences after a DUI arrest in South Carolina requires experienced legal representation. So, how do you choose the right DUI lawyer to represent you?

While you can (and should) research online, there is no substitute for speaking with a DUI lawyer one-on-one. When you sit down for a free consultation, you should walk away feeling confident in the lawyer’s ability to represent you effectively. If you don’t feel confident, you should talk to someone else. Here are some questions you can ask during your free consultation: 10 Questions to Ask a Rock Hill DUI Lawyer.

Understanding What is At Stake in Your DUI Case

Drunk driving charges carry steep penalties in South Carolina. A DUI conviction will also stain your permanent record, and this can have a variety of long-term (and costly) consequences as well.
Understanding what is at stake in your DUI case will help ensure that you take your case seriously. For an overview of the potential consequences of a conviction, you can read:

Understanding the Potential Outcomes of Your DUI Case

While facing steep penalties is one possible outcome of a South Carolina DUI case, there are a variety of other potential consequences as well. To build an effective defense strategy, you must focus on achieving a specific outcome based on your case’s facts and circumstances. To learn how you can avoid a DUI conviction (and the steep penalties that come with it) in court, you can read: What Are the Potential Outcomes of a South Carolina DUI Case?

Should You Seek a DUI Plea Bargain?

If you read our article on potential outcomes, you will see that one possibility is to negotiate a DUI plea bargain. While prosecutors won’t always be willing to negotiate, seeking a plea bargain is a realistic possibility in many cases.

But is this the best opportunity for you? While negotiating a plea bargain can be beneficial under the right circumstances, doing so is not without costs. To learn about the factors you should consider before seeking a plea bargain, read DUI Plea Bargains in South Carolina: When Can (and Should) You Seek One?

Should You Seek Probation for Your DUI?

If negotiating a plea bargain isn’t a viable option in your case, you must focus on minimizing the consequences of your arrest through other means. Since all South Carolina DUI charges are possible for jail time, does this mean you should seek probation?

The short answer is, “Maybe.” If you are facing jail time, then seeking probation may make sense. However, before you resign from seeking probation, you should be sure that you don’t have better options. Learn more: Probation for a DUI in South Carolina: Should You Seek It?

Should You Request a Jury Trial?

If you decide that the best option is to fight your DUI charge in court, you will need to work with your DUI lawyer to make several critical decisions before your trial date arrives. One of the most important decisions you will need to make is whether to request a jury trial.

As a DUI defendant, you have the right to a jury trial under South Carolina law. However, this doesn’t necessarily mean requesting a jury trial is your best option. If you think you may want to fight your DUI charge in court, we encourage you to read: Can (and Should) You Request a Jury Trial in Your DUI Case?

Should You Plead “No Contest”?

During your initial appearance after a DUI arrest, the judge will give you three options for how to plead: Guilty, Not Guilty, or No Contest.

So, which option should you choose?

While pleading “No Contest” might seem like it makes sense if you got caught driving drunk, there are several reasons why this is not the best option in most cases. To learn about these reasons, read: When Should You Plead “No Contest” to a DUI in South Carolina?

Seeking to Have Your DUI Charge Dismissed

Regardless of whether you request a jury trial, you may have various options for seeking to have your DUI charge dismissed. There are several potential defenses to DUI charges in South Carolina, including defenses you can assert before and during trial.

If your DUI charge is dismissed, you won’t face any penalties due to your arrest. To learn about the defense strategies you might be able to use to seek a dismissal, you can read: Getting a DUI Charge Dismissed in South Carolina.

What to Know if You Are Facing a Felony DUI

While most DUIs are misdemeanor offenses in South Carolina, prosecutors can pursue felony DUI charges in some cases. If you are facing a felony DUI charge, you face severe consequences—including anywhere from 30 days to 25 years behind bars. To learn more about your situation, we strongly encourage you to read Felony DUI in South Carolina: What You Need to Know After Your Arrest.

Request a Free Consultation with a Rock Hill, SC, DUI Lawyer

While we encourage you to use these resources, they are not a substitute for seeking legal advice. If you are facing a DUI charge, you need experienced legal representation. To request a free consultation with a Rock Hill, SC DUI lawyer, call us at 803-328-8822 or contact us online today.

What Are the Potential Outcomes of a South Carolina DUI Case?

What Are the Potential Outcomes of a South Carolina DUI Case?

by | Nov 1, 2024 | DUI Charges

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If you are facing a DUI charge in South Carolina, you cannot ignore it—it is not simply going to go away. If you do choose to ignore your DUI, you will almost certainly be convicted, and the judge will have little choice but to accept the prosecutor’s sentencing recommendations. As a result, you may face fines, jail time, probation, and a variety of other penalties, and you will face the life-altering consequences of having a DUI conviction on your permanent record.

Now, what if you don’t ignore your DUI?

If you choose not to ignore your DUI, the outcome of your case will depend on several factors. Along with the underlying facts of your case, these will include your choice of legal representation and how you choose to approach your defense, among many others. Generally speaking, DUI cases in South Carolina have four potential outcomes. While there are no guarantees, hiring an experienced DUI defense lawyer to represent you will give you the best chance of obtaining a favorable outcome in light of the circumstances.

4 Potential Outcomes of a DUI Case in South Carolina

What are the potential outcomes of a South Carolina DUI case? While every case is unique, the potential outcomes generally include:

1. A “Guilty” Verdict in Court

Even if you choose to fight your DUI, there is still a chance that you could face a “Guilty” verdict in court. This is true regardless of whether you were driving under the influence during your arrest. At this stage, it is up to you to defend yourself, and if you don’t protect yourself effectively, there is a genuine chance that you will face the life-altering consequences of a conviction.

If you are found guilty of DUI in South Carolina court, your case will proceed to sentencing. At the sentencing stage, you can face various penalties—specific penalties that are at stake depending on your particular charge (or charges), your criminal history, and certain other factors. Generally speaking, however, the potential penalties in South Carolina DUI cases include:

  • Jail (or prison) time
  • Probation
  • Fines
  • Assessments and surcharges
  • Driver’s license suspension or revocation

As we’ve mentioned already, these are not the only potential consequences of a DUI arrest in South Carolina. If you receive a “Guilty” verdict in court, your conviction could have additional financial, professional, employment-related, education-related, and immigration-related consequences.

2. A “Not Guilty” Verdict in Court

A “Not guilty” verdict is a genuine possibility as well. If you have strong defenses against your DUI charge and assert these defenses effectively, you may be able to prevent the prosecution from proving your guilt beyond a reasonable doubt. If prosecutors cannot meet their burden of proof, they are not entitled to a conviction. To the contrary, you are entitled to walk free, and you are entitled to face no further consequences as a result of your drunk driving arrest in South Carolina.

With that said, even if you have strong defenses available, successfully avoiding a conviction at trial takes work. To assert your defenses effectively, you will need an experienced DUI defense lawyer on your side. With this in mind, regardless of the facts of your case, it is firmly in your best interests to speak with an experienced lawyer as soon as possible.

3. Pre-Trial Dismissal

If you hire an experienced DUI defense lawyer to represent you, your lawyer may also be able to protect you without needing to fight for a “Not guilty” verdict at trial. One way to do this is by securing a pre-trial dismissal.

A pre-trial dismissal may be warranted in several circumstances. In most cases, however, seeking a pre-trial dismissal involves showing that a trial is unnecessary because prosecutors won’t be able to meet their burden of proof—regardless of whether you present an effective defense. For example, if the prosecution’s evidence is inadmissible because the police violated your Constitutional rights, then there is no way for them to prove that a conviction is warranted.

4. Plea Bargain

Another way to resolve your South Carolina DUI case without going to trial is by negotiating a plea bargain. While negotiating a plea bargain doesn’t allow you to avoid consequences entirely, it does prevent many consequences you would otherwise face at trial. This is because DUI plea bargains typically involve reducing the defendant’s charge to a “wet reckless,” which is a form of reckless driving.

An experienced DUI defense lawyer can help you decide whether seeking a plea bargain is your best option. If it is, your lawyer will then be able to negotiate with the prosecutor’s office on your behalf. Here, too, there are no guarantees. However, in our experience, prosecutors will be willing to consider plea bargaining in most South Carolina DUI cases.

Discuss Your Case with an Experienced DUI Defense Lawyer in Rock Hill, SC

Do you need to know more about the potential outcomes of your South Carolina DUI case? If so, please get in touch with us promptly for a free and confidential consultation. To discuss your case with an experienced DUI defense lawyer in Rock Hill, SC, as soon as possible, call 803-328-8822 or tell us how we can reach you online now.

DUI Plea Bargains in South Carolina: When Can (and Should) You Seek One?

DUI Plea Bargains in South Carolina: When Can (and Should) You Seek One?

by | Oct 1, 2024 | DUI Charges

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Any time you are facing a DUI charge in South Carolina, there is a risk that you could face the maximum penalties allowed based on your level of impairment and your criminal record. But you also have options for avoiding this outcome. Under no circumstances is a conviction guaranteed, and while avoiding a conviction isn’t guaranteed either, there are several ways to minimize your risk following a DUI arrest.

One of these ways is to seek a DUI plea bargain.

Accepting a plea bargain in your South Carolina DUI case will result in a reduced charge or a sentence below the statutory maximum. When you hire an experienced DUI lawyer to represent you, your lawyer will advise you regarding which option makes the most sense based on the specific circumstances of your case. You can then use your lawyer’s advice to make an informed decision, and if you decide to seek either type of plea bargain, you can rely on your lawyer to negotiate with the prosecutor’s office on your behalf.

Understanding What it Means to Seek a Plea Bargain in a South Carolina DUI Case

Before we talk about when you can (and should) seek a plea bargain, we first need to talk about what it means to seek a plea bargain in a South Carolina DUI case. Many things need to be clarified about plea bargaining, and with everything you have at stake in your DUI case, you must make informed decisions.

So, what is a plea bargain?

A plea bargain is an agreement with the prosecutor’s office subject to a judge’s approval. If you negotiate a plea bargain, your lawyer and the prosecutor handling your case will draw up the paperwork needed to seek the judge’s approval. If the judge approves, the terms of your plea bargain will become final.

A “plea” is a crucial aspect of a DUI plea bargain. To resolve your case without going to trial, you must enter a guilty plea to DUI or another offense. Typically, DUI plea bargains in South Carolina involve either:

  • DUI with Reduced Penalties – In some cases, negotiating a plea bargain will ensure you do not face the maximum possible penalties for your DUI. For example, since all DUI charges carry the potential for jail time, one goal with this type of plea bargain will typically be to stay out of jail. However, you can (and generally should) seek other concessions in exchange for your guilty plea.
  • A “Wet Reckless”—The other primary type of DUI plea bargain in South Carolina involves pleading guilty to reckless driving, which is commonly referred to as a “wet reckless” since it involves alcohol consumption. Reckless driving convictions have far fewer consequences than DUI convictions, so this can be a favorable option for those who are unlikely to be able to avoid a conviction entirely.

To reiterate, accepting a plea bargain means pleading guilty—and this is not a decision to be made lightly. As we have discussed, you should never plead guilty unless you do so in connection with a plea bargain as we have also discussed previously, pleading “no contest” can have similar consequences. Again, your lawyer can help you make informed decisions, and to ensure that you are not taking on unnecessary risks or agreeing to unnecessary consequences, it is essential to have an experienced lawyer representing you throughout the process.

When Does a DUI Plea Bargain Make Sense?

Now that we’ve covered the basics of plea bargaining, when does it make sense to seek a plea bargain in a DUI case in South Carolina?

There are two main factors to consider when deciding whether it is in your best interests to seek a plea bargain:

1. Are You Likely to Get Convicted of DUI if You Take Your Case to Trial?

You should only consider a plea bargain in your DUI case if you will likely face a conviction at trial. If you have a strong defense for your DUI, then seeking to have your charge dismissed will generally be the better option. Some examples of strong defenses to DUI charges include:

  • You weren’t driving under the influence
  • There are issues with your blood alcohol concentration (BAC) reading and/or other key evidence
  • The police stopped you without reasonable suspicion or arrested you without probable cause
  • Prosecutors are withholding material evidence that favors your defense
  • Prosecutors don’t have enough evidence to prove your guilt beyond a reasonable doubt

Regardless of whether you were driving under the influence, it is essential not to make any assumptions about your available defenses. To determine whether you have viable defenses to your DUI charge, consult an experienced DUI defense lawyer promptly.

2. Do You Have a Better Alternative to Plea Bargaining?

When you consult with an experienced DUI defense lawyer, your lawyer will also be able to help you understand if you have a better alternative to plea bargaining. For example, if this is your first DUI, you may qualify for pre-trial diversion. If you qualify for pre-trial diversion and complete the program successfully, your DUI will be dismissed regardless of the facts of your case. This keeps your record clean and allows you to avoid penalties entirely, which will be preferable when entering into any type of plea bargain in nearly all cases.

Discuss Your Case with an Experienced DUI Defense Lawyer in Rock Hill, SC

Are you facing a DUI charge in South Carolina? If so, it is critical to ensure you are making informed decisions. To find out if seeking a plea bargain is your best option, contact us today. Call 803-328-8822 or tell us how we can reach you online to schedule a free and confidential consultation with an experienced DUI defense lawyer in Rock Hill, SC, as soon as possible.

Probation for a DUI in South Carolina: Should You Seek It?

Probation for a DUI in South Carolina: Should You Seek It?

by | Sep 1, 2024 | DUI Charges, DUI Lawyer

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If you are facing a driving under the influence (DUI) charge in South Carolina, you have several options available. One of these options is to plead guilty (though, as we have discussed previously, this is not your best option). Another option is to plead “no contest” (which also isn’t recommended). You can also fight your DUI in court, and if a favorable outcome in court is unlikely, you can focus on negotiating a plea bargain instead.

When negotiating a plea bargain (or going through the sentencing process after a guilty verdict), your goal should be to minimize the consequences of your arrest to the fullest extent possible. Since jail time is a possibility, does this mean trying to secure probation? The short answer is, “It depends.”

Consequences of Probation in a South Carolina DUI Case

Before you set your sights on probation in your South Carolina DUI case, it is crucial to understand what it means to be on probation. The South Carolina Department of Probation, Parole, and Pardon Services has established Standard Conditions of Probation. While judges have leeway to depart from these standard conditions, you can expect them to apply in most cases.

South Carolina’s Standard Conditions of Probation include:

  • Reporting to the South Carolina Department of Probation, Parole, and Pardon Services on the day of your sentencing or release;
  • Making “complete and truthful reports” to your parole officer as instructed;
  • Working “diligently at a lawful occupation” and notifying your parole officer if you become unemployed;
  • Obtaining your parole officer’s approval before changing your residence or employment;
  • Not using controlled substances (except as prescribed) and not consuming alcoholic beverages “to excess;”
  • Not possessing any guns or other weapons;
  • Not associating with anyone who has a criminal record;
  • Not violating the law, and notifying your parole agent immediately if you get arrested;
  • Paying all fines, restitution, and other amounts due as part of your sentence and,
    Submitting to urine and blood testing upon request.

If you are confident that you can meet these requirements for your probationary period, then seeking probation might be a good option in your South Carolina DUI case. However, you will want to consider other options if you are not confident you can meet these requirements. If you violate the terms of your probation after a DUI, you can face additional penalties (including jail time) for your DUI conviction and extra penalties for your probation violation.

When Should You Seek Probation for a DUI?

With this in mind, when should you seek probation for a DUI in South Carolina? This is a critical decision that requires careful consideration. To ensure that you make the right decision with your long-term best interests in mind, you will want to discuss all of your options with an experienced DUI lawyer. When you sit down with a lawyer, your lawyer will help ensure that you put all options on the table, and your lawyer will help you choose the best option based on your case’s specific facts and circumstances.

While seeking probation in your South Carolina DUI case might be your best option, it also might not. For example, in addition to ensuring that you are confident in your ability to satisfy the Standard Conditions of Probation, you should also ensure that:

  • You Aren’t Eligible for Pre-Trial Diversion – Another option we haven’t yet mentioned (because it isn’t available in all cases) is entering a pre-trial diversion program. If you qualify, entering into a pre-trial diversion program will allow you to have your DUI charge dismissed without further consequences—even if you were driving drunk. Completing a pre-trial diversion program is similar to being on probation in many respects. Still, the long-term benefits are worth it if the alternative is having a DUI on your permanent record.
  • You Can’t Negotiate a Plea Bargain for a “Wet Reckless” – While negotiating your penalties is one option when seeking a plea bargain in a South Carolina DUI case, another option is to negotiate your charge. In many cases, prosecutors will be willing to reduce a DUI charge to a reckless driving charge, which is commonly referred to as a “wet reckless.” Not only are the penalties for a wet reckless far less severe than the penalties for a DUI, but the long-term consequences of a wet reckless conviction are far less severe as well.
  • You Don’t Have Grounds to Fight Your DUI Charge in Court – If you have grounds to fight your DUI, you should not accept probation or any other penalties. Instead, it would be best if you worked with your DUI lawyer to seek dismissal of your DUI charge in court. There are several ways to fight DUI charges in South Carolina, from disputing your level of intoxication or impairment to keeping the prosecution’s evidence out of court.

Regardless of which option is best, it would be best to take action promptly. You need to make sure you attend your first court date, and you also need to make sure to request an administrative hearing if you want to have any chance of protecting your ability to drive. Additionally, the sooner you hire a DUI lawyer to represent you, the sooner your lawyer can get to work on your case—and the sooner you can achieve a resolution that allows you to move on with your life.

Discuss Your Options with Rock Hill, SC DUI Lawyer Michael L. Brown, Jr.

Are you facing a DUI charge in South Carolina? If so, we strongly encourage you to contact us to discuss your options before you make any decisions that could impact your future. To speak with Rock Hill, SC DUI lawyer Michael L. Brown, Jr. about your case in confidence as soon as possible, call 803-328-8822 or tell us how we can reach you online now.

Felony DUI in South Carolina: What You Need to Know After Your Arrest

Felony DUI in South Carolina: What You Need to Know After Your Arrest

by | Feb 1, 2024 | DUI Charges, DUI Lawyer

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Are you facing a felony after a drunk driving arrest in South Carolina? While most DUI charges are misdemeanors in South Carolina, a DUI can be elevated to a felony in some cases. The risks of facing a felony DUI are far more severe than the risks of facing a misdemeanor DUI—though both carry the potential for fines, jail time, and other penalties.

When is a DUI a felony in South Carolina? If you are facing a felony DUI charge, what defenses can you use to protect yourself? Rock Hill DUI defense lawyer Michael Brown explains what you need to know:

Misdemeanor vs. Felony DUI in South Carolina

As we mentioned above, most DUI charges are misdemeanors in South Carolina. If the police pull you over on suspicion of driving under the influence and you get arrested, you will most likely be facing a misdemeanor charge. This is true regardless of your level of impairment.

So, when is a DUI a felony? In South Carolina, you can be charged with a felony DUI if you cause great bodily injury or death while driving under the influence. This could mean that you:

  • Caused a collision with another vehicle
  • Hit a motorcycle
  • Hit a pedestrian or cyclist
  • Caused a single-vehicle crash that seriously injured or killed your passenger
  • Collided with a building injuring or killing someone inside

South Carolina law defines “great bodily injury” as, “bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.” Thus, causing a minor accident that only results in scrapes and bruises should not lead to a felony DUI charge. But, if you cause an accident that puts someone’s life at risk or that alters their life for months or years to come, you can expect to face a felony DUI charge in South Carolina.

Felony DUI Penalties in South Carolina

If you are facing a felony DUI charge, the penalties you are facing depend on the consequences of the accident that you caused (or allegedly caused). While the penalties for causing great bodily injury are much higher than the penalties for a misdemeanor DUI, the penalties for causing a fatal accident while driving under the influence are even greater:

  • Felony DUI Involving Great Bodily Injury – A mandatory fine of $5,100 to $10,100 (plus thousands of dollars in assessments and surcharges) and 30 days to 15 years behind bars.
  • Felony DUI Involving Death – A mandatory fine of $10,100 to $25,000 (plus thousands of dollars in assessments and surcharges) and 1 to 25 years behind bars.

A felony DUI conviction can also result in a long-term driver’s license suspension or permanent driver’s license revocation, along with other costs and penalties. If you are also being charged with an implied consent violation (for refusing the breathalyzer), endangering a child passenger, and/or other violations, you are facing additional penalties for these charges as well.

Defenses to a Felony DUI in South Carolina

If you have been arrested for causing an accident while driving under the influence in South Carolina, what defenses can you use to fight your felony DUI charge? The answer to this question depends on the facts of your case. DUI cases are always fact-specific, and understanding the facts leading up to your accident and arrest will be a key first step toward determining what defenses you have available. With this in mind, some examples of potential defenses include:

Insufficient Evidence of Impairment

One option for fighting your felony DUI charge may be to challenge the prosecution’s evidence of impairment. Even if you caused an accident, if you weren’t driving drunk, you don’t deserve to be convicted of a felony DUI.

Challenging the prosecution’s evidence of impairment could involve challenging your field sobriety test (FST) results, showing that your blood alcohol concentration (BAC) reading is unreliable, or raising questions about the prosecution’s evidence through other means. But, don’t forget that prosecutors have two ways to prove DUI in South Carolina. If your driving abilities were impaired, prosecutors don’t need your BAC. Conversely, if your BAC was over the legal limit, prosecutors don’t need evidence that your driving abilities were impaired.

You Didn’t Cause the Accident

Another way to defend against a felony DUI charge is to show that the accident wasn’t your fault. If you got hit by someone else, this shouldn’t expose you to the life-altering consequences of a felony conviction.

The Police Violated Your Constitutional Rights

You may also be able to defend against your felony DUI charge by showing that the police violated your constitutional rights. If the police arrested you without probable cause or questioned you in custody without reading your Miranda rights, this could render the prosecution’s evidence inadmissible in court.

What if you caused an accident while driving drunk, and what if the police followed all of the necessary procedures to conduct a lawful arrest? In this scenario, you could be facing an uphill battle. But, the prosecution still has the burden of proof; and, if prosecutors cannot prove your guilt beyond a reasonable doubt, you are entitled to walk free. But, this may also be a scenario in which seeking a plea bargain is the best path forward. Negotiating a favorable plea bargain can significantly reduce the consequences of your arrest when avoiding a conviction entirely is unlikely. An experienced DUI defense lawyer will be able to help you make informed decisions about how to approach your case with your long-term best interests in mind.

Schedule a Free Consultation with an Experienced Rock Hill DUI Defense Lawyer

If you need to know more about defending against a felony DUI charge in South Carolina, we encourage you to contact us promptly for a free consultation. To speak with an experienced Rock Hill DUI defense lawyer in confidence as soon as possible, call 803-328-8822 or tell us how we can contact you online today.

DUI Defenses: Fighting Your SC DUI When You Failed the Field Sobriety Tests

DUI Defenses: Fighting Your SC DUI When You Failed the Field Sobriety Tests

by | Jan 1, 2024 | DUI Charges, DUI Lawyer

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When you are facing a DUI charge in South Carolina, building a comprehensive defense strategy is absolutely essential. Prosecutors may have several forms of evidence available, and even if you can successfully challenge one piece of evidence, the remaining evidence may still be enough to establish your guilt beyond a reasonable doubt.

Then, there is the fact that prosecutors have two ways to prove a DUI charge in South Carolina. Under the state’s DUI statute, you can be found guilty if your blood alcohol concentration (BAC) is over the legal limit or your “faculties to drive are materially and appreciably impaired.” Prosecutors do not need to prove both.

As a result, while many people focus on their BAC, challenging your BAC reading alone may not be enough to protect you. If you took the field sobriety tests (FSTs), you may need to challenge your FST results as well (in addition to challenging any other evidence prosecutors have in their possession).

Challenging Your Field Sobriety Test Results: The Officer Administered the Tests Improperly

One way to challenge your field sobriety test results is by demonstrating that your arresting officer administered the tests improperly. Police officers must take several steps to properly administer each of the three FSTs—and, if they don’t take all of these steps, this can render your test results unreliable.

The steps police officers must take when administering the field sobriety tests include:

Horizontal Gaze Nystagmus

  • Hold the stimulus approximately 12 to 15 inches from the nose and just above eye level.
  • Check for equal pupil size and resting nystagmus.
  • Check for equal tracking and smooth movement in both eyes, then repeat.
  • Check for each eye being held at maximum deviation for a minimum of four seconds, then repeat.
  • Check that each eye moves slowly from the center to 45 degrees, then repeat.
  • Check for vertical gaze nystagmus, then repeat.

Walk and Turn

  • Instruct the suspect to place their feet on a line, heel-to-toe with arms at their sides.
  • Ask if the suspect understands the instructions.
  • Tell the subject to take nine heel-to-toe steps.
  • Explain the turning procedure.
  • Tell the suspect to count steps out loud, look at their feet while walking, and not raise their arms.
  • Do not tell the suspect to stop once they begin.
  • Ask again if the suspect understood all of the instructions.

One Leg Stand

  • Instruct the suspect to stand straight, place their feet together, and hold their arms at their sides.
  • Ask if the suspect understands the instructions.
  • Tell the suspect to raise one leg approximately six inches off of the ground.
  • Tell the suspect to keep both legs straight and look at their elevated foot.
  • Tell the suspect to count seconds out loud until told to stop (up to 30 seconds).

If your arresting officer cannot testify that he or she took all of the required steps to properly administer the field sobriety tests during your DUI stop, this may be enough to keep your FST results out of court. But, even if the officer properly administered the FSTs, you may still have defenses available—as we discuss below.

Challenging Your Field Sobriety Test Results: Other Factors Render Your Results Unreliable

While the field sobriety tests can serve as evidence of intoxication in a DUI case, they are also notoriously unreliable. Several factors besides a person’s intoxication can lead to a “failure” of one or more of the FSTs. These include (but are not limited to) factors such as:

  • Medical conditions that affect a person’s balance.
  • Medical conditions that affect a person’s eye movement.
  • Wearing shoes or clothes that make it difficult to balance.
  • Walking or standing on gravel, muddy ground, or an angled shoulder.
  • Having headlights or bright sunlight in your eyes.
  • Not being able to see adequately in the dark.
  • Attempting to take the field sobriety tests in rainy or windy conditions.

If any of these factors (or any other non-alcohol-related factor) played a role in causing you to “fail” the field sobriety tests, then prosecutors should not be able to use your test results against you. In this scenario, your test results are not evidence of impairment, and they should not put you at risk for a life-altering conviction.

When considering these types of defenses, it is important to remember that you do not need to prove your innocence to avoid a conviction. The burden of proof always rests with the prosecution. So, if your attorney can raise the possibility that a non-alcohol-related factor led to your “failure” of the FSTs, this could be enough to keep your FST results from being used against you.

Challenging Your Field Sobriety Test Results: The Police Stopped You Without Reasonable Suspicion

A third option for challenging your field sobriety test results is challenging the reason for your traffic stop. To conduct a lawful traffic stop, the police must have “reasonable suspicion” that you committed (or are in the process of committing) a traffic violation or crime. Stopping you without reasonable suspicion violates your constitutional rights, and it can serve as grounds for a motion to have all of the evidence from your traffic stop excluded from your DUI trial.

As with all types of DUI defenses, determining how you can challenge your field sobriety test results requires an in-depth assessment of the facts of your case. To ensure that you are defending yourself by all means available, you should discuss your case with an experienced SC DUI defense lawyer as soon as possible.

Request a Free and Confidential Consultation with a SC DUI Defense Lawyer

Do you need to know more about how to challenge your field sobriety test results after a DUI arrest in South Carolina? If so, we invite you to get in touch. With offices in Rock Hill, we handle DUI cases throughout South Carolina. To discuss your case with an experienced SC DUI defense lawyer in confidence, call 803-328-8822 or request a free consultation online now.