Defending Against a DUI as a Repeat Offender in South Carolina

Defending Against a DUI as a Repeat Offender in South Carolina

by | Apr 1, 2025 | DUI Charges, DUI Lawyer

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While all driving under the influence (DUI) charges carry serious consequences in South Carolina, facing a DUI as a repeat offender carries even greater risks than facing a first-time offense. As a result, it is critical to have an experienced DUI defense lawyer on your side. Repeat offenders face enhanced penalties, and when you’ve been in court for a DUI previously, the judge is not going to go easy on you. You need to be prepared to defend yourself by all means available, and this starts with making sure you have a clear understanding of the circumstances of your case.

When Are You Considered a Repeat Offender in South Carolina?

We’ll start at the beginning: When are you considered a repeat offender in South Carolina? To determine if you qualify as a repeat DUI offender, there are three key factors to consider:

1. South Carolina’s 10-Year Rule for Multiple DUIs

While a DUI conviction stays on your record indefinitely in South Carolina, the state has a 10-year “look back” period for prosecuting individuals as repeat offenders. This means that if you get a second DUI within 10 years of your first DUI conviction, you are considered a repeat offender under South Carolina law. However, if you get a second DUI more than 10 years after your first conviction, then your second DUI will be prosecuted as a first-time offense.

For third and subsequent DUIs, the 10-year lookback period applies to all of your prior convictions. In other words, to be prosecuted as a third-time offender, you must have two prior DUIs within the past 10 years. Likewise, to be prosecuted as a fourth-time offender, you must have three prior DUIs within the past 10 years.

2. DUI and DUAC Convictions Both Count as Prior Offenses

Under South Carolina law, there are two different types of drunk driving charges: (i) driving under the influence (DUI); and (ii) driving with an unlawful alcohol concentration (DUAC). Both types of charges count for the purpose of prosecution as a repeat offender.

As a result, if you have a DUAC conviction on your record (because you blew over the legal limit during your previous arrest) and are now facing a DUI charge less than 10 years later, you are still considered a repeat offender under South Carolina law. While these are technically different offenses, they both count for the purpose of determining the penalties that are on the table in your case.

3. Out-of-State DUIs Also Count as Prior Offenses

Generally speaking, out-of-state DUIs also count as prior offenses in South Carolina DUI (and DUAC) cases. While your out-of-state conviction must be equivalent to a DUI (or DUAC) conviction in South Carolina, most out-of-state convictions qualify. South Carolina’s 10-year lookback period applies here as well.

What Are the Penalties for Repeat DUI Offenders in South Carolina?

Let’s say you are being prosecuted as a repeat offender. What penalties are you facing? Under South Carolina law, the penalties for second and subsequent DUI (and DUAC) offenses are as follows:

  • Second DUI or DUAC – Up to $10,775 in fines, assessments, and surcharges; five days to one year in jail; and up to a one-year driver’s license suspension.
  • Third DUI or DUAC – Up to $13,235 in fines, assessments, and surcharges; 60 days to three years in jail; and up to a two-year driver’s license suspension.
  • Fourth DUI or DUAC – One to five years of jail time and permanent revocation of your driver’s license.

These are in addition to the other consequences you can face as a result of having a DUI (or multiple DUIs) on your record. For example, not only can you expect your auto insurance premiums to increase substantially once your driving privileges have been restored, but having multiple DUIs on your record can have educational, employment, professional, military, immigration, and other consequences as well.

How is a DUI Case Different When You Have a Prior Conviction?

If you are facing a DUI (or DUAC) charge as a repeat offender, how is your current case different from your previous one? The short answer is, “It isn’t.” Even when you are being charged as a repeat offender, you have all of the rights afforded to criminal defendants under the U.S. Constitution and South Carolina law—and prosecutors still have the burden of proving your guilt beyond a reasonable doubt.

The one notable exception is that, as a repeat offender, you generally are not eligible for pre-trial diversion. Under South Carolina law, first-time DUI (and DUAC) offenders are eligible for pre-trial diversion in some cases. But, as a repeat offender, avoiding a conviction will generally involve one of the following:

  • Seeking to Have Your DUI Charge Dismissed Before Trial – If the police or prosecutors have violated your constitutional rights, or if prosecutors do not have enough evidence to secure a conviction, an experienced DUI defense lawyer may be able to get your case dismissed before trial.
  • Negotiating a Plea Deal – If you don’t have grounds to fight your DUI charge, seeking a plea deal could be your best option. While there are no guarantees, an experienced DUI defense lawyer will be able to negotiate with the prosecutor’s office effectively on your behalf.
  • Fighting Your DUI Charge at Trial – Sometimes, DUI defendants will have no choice but to fight for their freedom at trial. If taking your case to trial is your best option, you will need to work closely with your DUI defense lawyer to ensure that he or she can protect you by all means available.

While facing a DUI (or DUAC) charge as a repeat offender presents serious risks, you can—and should—hire an experienced DUI defense lawyer to represent you throughout the process. To maximize your chances of avoiding unnecessary consequences, you should schedule a free initial consultation as soon as possible.

Schedule a Free Initial Consultation with a Rock Hill, SC DUI Defense Lawyer Today

If you are facing a DUI charge in South Carolina, we encourage you to contact us promptly. Call 803-328-8822 or tell us how we can reach you online to schedule a free initial consultation today.

What Happens When You Get a DUI in SC?

What Happens When You Get a DUI in SC?

by | Mar 1, 2025 | DUI Charges, DUI Lawyer

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Things start to happen quickly when you get arrested for driving under the influence (DUI) in South Carolina. Not only will you have a court date scheduled promptly, but you may also need to attend a separate hearing to protect your driver’s license, and having an arrest on your record can impact your life in other ways.

With this in mind, it is essential to understand the next steps in your DUI case. It is also necessary to understand what will happen if you get convicted—and what you can (and should) do to protect yourself. Keep reading to find out what happens when you get a DUI in SC:

The Next Steps in Your DUI Case

First, we’ll cover the next steps in your DUI case. While there are many steps involved that require experienced legal representation, the significant steps in the process are:

Arraignment

After a DUI arrest in South Carolina, your first appearance in court will be your arraignment. This is where the judge will read the charge (or charges) against you and ask you to enter a plea of guilty, not guilty, or no contest.

Your arraignment may include a bond hearing if you were taken into custody during your DUI stop. During this portion of your arraignment, the judge will decide whether you should be released on bond (or, if you have already been released on bond, whether your bond should remain in place).

Administrative Hearing

Separate from your DUI case, you may also need to attend an administrative hearing. If your driver’s license was suspended because you refused to provide a blood alcohol concentration (BAC) sample or because your BAC was 0.15% or above, requesting an administrative hearing is the only way to get your driver’s license back in the short term.

You must request an administrative hearing within 30 days of your arrest. To restore your driving privileges, you will need to be able to demonstrate that either (i) you did not violate South Carolina’s “implied consent” law; (ii) the police did not comply with the “implied consent” law; or, (iii) your DUI arrest was unlawful.

Plea Deal Negotiations

The next step after an arraignment is often to enter plea deal negotiations. If you are likely to face a DUI conviction at trial, then seeking a plea deal is your best option. Your DUI lawyer will be able to help you determine if this is the case, and if so, your lawyer will be able to negotiate with the prosecutor’s office on your behalf.

Discovery and Pre-Trial Motions

Regardless of whether you seek a plea deal, you will also need to begin preparing for the possibility of trial. While many SC DUI cases end with plea deals, there is no guarantee that prosecutors will make an offer you are willing to accept. Preparing for trial involves taking discovery and filing various pre-trial motions, both requiring experienced legal representation.

Your DUI Trial

If fighting your DUI in court is your best option, then the final step (subject to any appeals) will be to appear at your DUI trial. During your trial, the prosecution will present its case first, and then your DUI lawyer will present your defense.

Prosecutors can use various forms of evidence to prove DUI charges in South Carolina, and your lawyer may be able to use multiple forms of evidence in your defense as well. The judge or jury will decide at the end of your trial (depending on whether you accepted a bench trial or requested a jury trial). If you get convicted, the judge will then impose a sentence. If you are found not guilty, you will be free to leave.

What Happens if You Get Convicted

Let’s say you were to get convicted of DUI at trial. What penalties could you face?

The penalties for a DUI vary depending on three main factors: (i) your BAC at the time of your arrest (if you provided a sample), (ii) whether you have a prior record, and (iii) whether your case involves any aggravating factors. If you were charged with an “implied consent” violation, open container violation, or any other offense, you could also face additional penalties for these charges.

Along with fines, jail time, and other judicial penalties, a DUI conviction in SC can have various other consequences. These include financial, education, employment-related, and housing consequences. In many cases, the collateral costs of a DUI conviction can far exceed the fees you face in court—and this is one of the most important reasons why you need an experienced DUI lawyer on your side.

What You Can (and Should) Do to Protect Yourself

Given everything we’ve discussed, what can (and should) you do to protect yourself after a DUI arrest in SC? As we just mentioned, you need an experienced DUI lawyer. You do not want to try to handle your case alone—the risks simply aren’t worth it.

When you hire an experienced DUI lawyer to represent you, your lawyer will work closely with you to evaluate all potential defenses and assess your options. If this is your first DUI, this may include assessing your eligibility for pre-trial diversion. In any case, your DUI lawyer will help protect you by all means available, and at the end of your case, you can feel confident that you made the right decisions for you and your family.

Schedule a Free Consultation with a Rock Hill, SC DUI Lawyer Today

Are you facing a DUI in SC? If so, we encourage you to contact us promptly for a free, no-obligation consultation. To discuss your situation with an experienced Rock Hill, SC, DUI lawyer in confidence as soon as possible, call 803-328-8822 or tell us how we can help online now.

Constitutional Issues in South Carolina DUI Cases: Know Your Rights

Constitutional Issues in South Carolina DUI Cases: Know Your Rights

by | Feb 1, 2025 | DUI Lawyer

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All South Carolinians are protected under the U.S. Constitution. While the U.S. Constitution provides basic rights—like the rights to free speech and assembly—that apply across the board, it also provides rights that apply when you are dealing with the police or facing prosecution in court. This includes when you are facing accusations of driving under the influence (DUI) under South Carolina law.

Several of your constitutional rights can potentially come into play in a South Carolina DUI case. As a result, knowing your rights is important. While you will need to discuss the specific details of your case with an experienced DUI defense lawyer, here is an introduction to what you need to know:

The Police Need “Reasonable Suspicion” to Make a DUI Stop

The Fourth Amendment to the U.S. Constitution requires that the police have “reasonable suspicion” to make a DUI stop—with a limited exception for properly conducted DUI checkpoints. This has two important implications:

  • The police cannot pull you over for no reason; and,
  • The police cannot racially profile you or target you for other reasons unrelated to law enforcement.

When the police pull you over, they should be able to explain why they chose to do so. If a police officer can’t explain (or refuses to explain) why he or she pulled you over, this could potentially be a sign that your traffic stop was unconstitutional. Importantly, however, if the police have any constitutional grounds for stopping you (i.e., if you were stopped for speeding or running a red light), then they can still arrest you for driving under the influence even if this wasn’t the reason for your traffic stop.

The Police Need “Probable Cause” to Conduct a Search or Make a DUI Arrest

In addition to needing “reasonable suspicion” to conduct a traffic stop, the police also generally need “probable cause” to conduct a search or make an arrest. This requirement exists under the Fourth Amendment as well. While the police can peer into your windows and observe anything in “plain view,” going further requires either: (i) a warrant based on probable cause; or, (ii) circumstances that justify a warrantless search with or without probable cause (i.e., if you consent to a search of your vehicle).

The ”probable cause” requirement for making an arrest is intended to ensure that all U.S. citizens are “secure in their persons” under the Fourth Amendment. If the police arrest you without probable cause, then this violation of your constitutional rights can render any evidence secured after your arrest inadmissible in court. “Reasonable suspicion” violations have similar consequences—if the police pulled you over without reasonable suspicion or arrested you without probable cause, your defense lawyer may be able to use this to prevent prosecutors from using key evidence against you.

DUI Checkpoints Must Meet Strict Requirements in Order to Be Constitutional

As we mentioned above, DUI checkpoints provide an exception to the requirement for “reasonable suspicion” to conduct a traffic stop. However, since checkpoints allow the police to stop drivers without reasonable suspicion, other protections apply.

If you got a DUI at a checkpoint in South Carolina, you should write down everything you can remember from the night of your arrest. The details matter, and the more details you can provide your defense lawyer, the better. If the police did not appear to be stopping drivers systematically, if there was no prior warning of the checkpoint, or if there were any other issues with the checkpoint that implicate your constitutional rights, your lawyer may be able to use this to keep the prosecution’s evidence out of your DUI case as well.

The Police Must Read Your Miranda Rights Before Interrogating You in Custody

The Fifth Amendment to the U.S. Constitution also provides important protections in South Carolina DUI cases. One of these is the privilege against self-incrimination. Under the Fifth Amendment, you cannot be “compelled in any criminal case to be a witness against [yourself],” and this means that the police cannot force you to admit to drinking and driving.

To ensure that the police respect suspects’ privilege against self-incrimination, the U.S. Supreme Court ruled in Miranda v. Arizona that the police must inform suspects of their rights before interrogating them in custody. This court decision is the source of the “Miranda warning” that you’ll often hear in movies and TV shows (“You have the right to remain silent. Anything you say can and will be used against you in a court of law . . . .”).

But, while crime dramas may have popularized the Miranda warning, it is a very real legal protection that can play a critical role in South Carolina DUI cases. If the police failed to read your Miranda rights before interrogating you in custody, then any statements you made to the police after being placed in custody may be inadmissible in court.

You Have the Right to Legal Representation in Your DUI Case

Since driving under the influence is a criminal offense in South Carolina, you have the right to hire a lawyer to represent you. This right exists under the Sixth Amendment to the U.S. Constitution (which provides other important rights as well).

The right to legal counsel extends to all aspects of your DUI case—from seeking a plea deal with prosecutors to fighting your DUI charge in court. An experienced defense lawyer will be able to assist with determining if police or prosecutors have violated your constitutional rights in addition to determining what other defenses you have available. This will allow you to make informed decisions about how to approach your case, and then you can rely on your lawyer to fight for a favorable outcome on your behalf.

Request a Free Consultation with an Experienced DUI Defense Lawyer in Rock Hill, SC

Do you need to know more about your constitutional rights after a DUI arrest in South Carolina? If so, we encourage you to get in touch. To discuss your case with an experienced DUI defense lawyer in Rock Hill, call us at 803-328-8822 or request a free consultation online today. 

4 Key Types of Evidence in South Carolina DUI Cases (and How to Fight Against Them)

4 Key Types of Evidence in South Carolina DUI Cases (and How to Fight Against Them)

by | Jan 1, 2025 | DUI Lawyer

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In South Carolina DUI cases, the prosecution has the burden of proving the defendant’s guilt beyond a reasonable doubt. This requires evidence of each “element” of a DUI under South Carolina law.

With this in mind, fighting to keep the prosecution’s evidence out of court can be an effective defense strategy in many cases. If prosecutors can’t use their evidence against you, they won’t be able to meet their burden of proof.

So, how do you keep evidence out of your DUI case in South Carolina? Here are four key types of evidence along with some potential strategies for fighting against them in court:

1. Your Blood Alcohol Concentration (BAC) Reading

How Prosecutors Can Use It Against You: Prosecutors often rely heavily on DUI defendants’ BAC readings when seeking convictions in court. Under South Carolina law, if you are found to have been driving with a BAC of 0.08 percent or above (if you are over 21), you can be convicted of DUI regardless of whether you were physically or cognitively impaired.

How You Can Fight Against it: How can you keep your BAC reading from leading to a DUI conviction? There are a few different possibilities. One possibility is to challenge the legal basis for your traffic stop. If the police stopped you illegally, then all of the evidence obtained during your traffic stop could be inadmissible in court.

Another possibility is to rely on South Carolina’s implied consent law. While this law requires you to provide a breath, blood, or urine sample when the police pull you over on suspicion of DUI, you are only required to provide a sample if the police comply with the law. If the police didn’t comply with the law, this could also render your BAC reading inadmissible in some cases.

A third possibility is to challenge your BAC reading itself. Was the testing device properly calibrated? Is there an alternate explanation for your high BAC? These types of questions play a key role in many South Carolina DUI cases.

2. Your Field Sobriety Test (FST) Results

How Prosecutors Can Use Them Against You: If you took the field sobriety tests (FSTs) during your DUI stop, prosecutors will try to use your performance on the FSTs to prove you were impaired behind the wheel. If your driving abilities were impaired, prosecutors can secure a DUI conviction even if they can’t prove that your BAC was over the legal limit.

How You Can Fight Against Them: Unlike providing a BAC reading, taking the FSTs is not mandatory in South Carolina. As a result, you can’t rely on the state’s implied consent law to keep your FST results out of court. However, you can rely on other violations of your rights (such as an illegal traffic stop), and you can challenge the arresting officer’s assessment of your performance on the FSTs as well.

While FST results are a common type of evidence in South Carolina DUI cases, they are inherently unreliable. Your “results” are based on the arresting officer’s assessment of how you performed each of the tests, and there are a variety of factors that can both: (i) cause you to “fail” the tests even if you are not under the influence of alcohol; and, (ii) lead the arresting officer misinterpret your performance on the FSTs or the implications of your alleged “failure.”

3. Police Dash Camera or Body Camera Footage

How Prosecutors Can Use It Against You: If your traffic stop was captured on video, or if the police recorded you stumbling or slurring your words, prosecutors may argue that the footage is conclusive proof that you were drunk. Once again, if you were under the influence of alcohol, then your BAC does not matter.

How You Can Fight Against It: Similar to FST results, there are two primary options for challenging police dash camera or body camera footage in a South Carolina DUI case. One option is to assert a violation of your rights. The other option is to challenge the relevance of the footage itself.

Just because you were driving erratically, this doesn’t necessarily mean that you were under the influence of alcohol. While you need to be careful about admitting to other driving mistakes, providing an alternate explanation for your driving behavior can be an effective defense strategy in some cases. Similarly, if you stumbled or were visibly squinting on the side of the road, this could also have an alternate explanation that has nothing to do with alcohol intoxication.

4. Your Statements to the Police

How Prosecutors Can Use Them Against You: If you admitted to drinking before you got behind the wheel, or if you verbally acknowledged that you were drunk behind the wheel, you can expect prosecutors to use your own words against you. They will argue that your admission constitutes clear evidence that you are guilty beyond a reasonable doubt.

How You Can Fight Against Them: While overcoming an admission can be challenging, it is not impossible. Here too, if the police violated your rights, this could render all of the evidence against you inadmissible in court. This includes not only conducting an unlawful traffic stop, but also conducting an unlawful arrest or interrogating you in custody without reading your Miranda rights.

Additionally, even if you thought you were too drunk to drive, this might not necessarily have been the case. Like most people, you probably are not an expert on alcohol impairment. If you made assumptions about your condition, or if you incorrectly assumed that you were “operating” a motor vehicle at the time of your arrest, your statements could have little (if any) relevance to your DUI case.

Discuss Your Defense with an Experienced Rock Hill DUI Lawyer for Free

To be clear, these are not the only types of evidence that prosecutors can use against you, nor are these the only defenses you may have available. To discuss your case with an experienced Rock Hill DUI lawyer in confidence, call 803-328-8822 or request a free consultation online now.

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.

Getting a DUI Charge Dismissed in South Carolina

Getting a DUI Charge Dismissed in South Carolina

by | Aug 1, 2024 | DUI Lawyer

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Regardless of the circumstances surrounding your arrest, if you are facing a DUI charge in South Carolina, you should talk to a lawyer about the possibility of getting your charge dismissed. Defendants can seek to have their DUI charges dismissed on various grounds—including grounds that exist even when there is no question that they were drunk behind the wheel.

With that said, there are no guarantees. All DUI arrests have the potential to lead to a conviction, and DUI convictions can lead to steep penalties. As a result, it is critical that you make informed and strategic decisions, and the first step is to discuss your options with an experienced Rock Hill DUI lawyer as soon as possible.

5 Options for Getting a South Carolina DUI Charge Dismissed

So, how might you be able to get your South Carolina DUI charge dismissed? Depending on the facts of your case, here are five options that you might have available:

Option #1: Show that the Police Violated Your Rights

If the police violated your rights, this could mean that you are entitled to have the prosecution’s evidence (or at least some of the prosecution’s evidence) kept out of court. Since the prosecution has the burden of proof, keeping its evidence out of court can lead to a dismissal.

Some common examples of violations that can justify excluding evidence in a South Carolina DUI case include:

  • Conducting an illegal traffic stop
  • Conducting an illegal DUI checkpoint
  • Arresting you without probable cause
  • Failing to inform you of your rights
  • Failing to record your DUI stop

Depending on the circumstances involved, these violations (among others) could lead to some or all of the prosecution’s evidence being rendered inadmissible. To be clear, however, this won’t happen automatically—it is up to you (and your lawyer) to prove that exclusion is warranted.

Option #2: Show that Prosecutors Violated Your Rights

Showing that prosecutors violated your rights can also lead to dismissal of your DUI charge in South Carolina. Prosecutors can violate your rights by:

  • Failing to disclose evidence before trial
  • Failing to disclose witnesses before trial
  • Pursuing a DUI charge that is not supported by probable cause
  • Denying your right to a fair trial
  • Denying your right to a speedy trial

Proving prosecutors’ violations of your rights is very different from proving police officers’ violations of your rights. However, it can be an equally effective way to have your DUI charge dismissed. As you can see from the list above, prosecutors can violate your rights at various stages during the trial process, so it is important to have an experienced defense lawyer who can help determine when a motion to dismiss may be warranted.

Option #3: Prove that You Didn’t Violate the Law

Of course, you can also seek to have your DUI charge dismissed by proving that you didn’t violate the law. While you don’t need to prove your innocence to avoid a conviction, if you can prove your innocence, this could be your best defense strategy. If your lawyer can clearly demonstrate that the prosecution doesn’t have a case to pursue, then your lawyer may be able to get your DUI charge dismissed before trial.

Option #4: Expose Flaws in the Prosecution’s Case

Even if you can’t prove that you are innocent, you can still seek to have your DUI charge dismissed in South Carolina by exposing flaws in the prosecution’s case. Remember, the prosecution has the burden of proof. If prosecutors cannot meet their burden of proof—if they cannot prove that you were driving under the influence beyond a reasonable doubt—you are entitled to a dismissal. Some examples of potential flaws in the government’s case include:

  • Insufficient evidence that your blood alcohol concentration (BAC) was over the legal limit
  • Insufficient evidence that your faculties were “materially and appreciably impaired”
  • Insufficient evidence that you were “driving” a motor vehicle at the time of your arrest

All it takes to get your DUI charge dismissed in South Carolina is proof that the prosecution’s case is lacking. Even if you were driving under the influence, if prosecutors can’t prove it, you are entitled to a dismissal.

Option #5: Enter Into a Diversion Program

If you are eligible to enter into one of South Carolina’s diversion programs, you may be entitled to a dismissal even if prosecutors can prove your guilt beyond a reasonable doubt. These programs allow eligible offenders to avoid the life-altering consequences of a DUI conviction by complying with conditions that are similar to being on probation. If you are eligible—and if you don’t have grounds to fight your DUI charge—then entering into a diversion program could be your best option.

What if You Can’t Get Your South Carolina DUI Charge Dismissed?

Now that we’ve covered the options for seeking to have your DUI charge dismissed in South Carolina, what if none of these options are available to you? What if the police and prosecutors have handled your case by the book, prosecutors have plenty of evidence, and you aren’t eligible for pretrial diversion?

If this is the case, your best option might be to seek a plea bargain. If you accept a plea bargain, you will still face consequences—but not the life-altering consequences of a DUI. Instead, you will most likely end up with a “wet reckless” on your driving record. This can lead to increased insurance premiums and increase your risk of losing your driver’s license if you get pulled over again; but, if the alternative is having a DUI conviction on your permanent record, seeking a plea bargain could be the smart choice under the circumstances at hand.

Discuss Your Options with an Experienced Rock Hill DUI Lawyer for Free

If you were arrested for drunk driving in South Carolina and want to know more about the options for seeking to have your DUI charge dismissed, we encourage you to contact us promptly. To discuss your case with an experienced Rock Hill DUI lawyer in confidence, call 803-328-8822 or request a free consultation online now.