In South Carolina, local and state police increase their efforts to stop drunk drivers during the holiday season. As The Herald wrote around this time last year:

“As people gather for the Christmas and New Year holidays, law enforcement officials in South Carolina are planning extra efforts to combat drunk driving and DUI. Th[e] S.C. Highway Patrol and other state agencies are in the midst of a ‘Sober or Slammer’ holiday campaign that runs through the new year.”

With more police on the road monitoring for drunk drivers, those who choose to drink and drive face a much higher risk of getting pulled over. As DUIs carry steep penalties in South Carolina, this is a risk that many local residents and visitors cannot afford to take.

10 Tips for Avoiding SC DUI Penalties During the 2022 Holiday Season

With this in mind, what can you do to avoid the severe consequences of a DUI conviction during the 2022 holiday season? Here are 10 tips from Rock Hill DUI lawyer Michael L. Brown, Jr.:

1. Don’t Drink and Drive

Of course, the best way to avoid a DUI is to never drink and drive. While this might not stop the police from pulling you over (or questioning you at a checkpoint), if you are not driving drunk, you obviously do not deserve a DUI conviction. Driving under the influence is illegal for a reason, and making sure you only drive when you are sober will help keep you, your loved ones, and other drivers safe on South Carolina’s roads.

2. Know What To Do At a DUI Checkpoint

DUI checkpoints are legal in South Carolina, and they tend to be especially prevalent during the holiday season. If you get stopped at a DUI checkpoint, it is important that you know what to do (and what not to do) while you are there. For example, being confrontational or refusing to provide your driver’s license and registration will almost always lead to problems; and, if you are belligerent, this will justify the police in asking you to step out of your car for the field sobriety tests (FSTs) and breathalyzer.

3. Know What To Do if the Police Ask You To Step Out of Your Car

Similarly, knowing what to do (and what not to do) when the police ask you to step out of your car can greatly improve your chances of avoiding a DUI conviction. For example, while the police cannot force you to take the breathalyzer, refusing the breath test is a violation of South Carolina’s “implied consent” law. Refusals usually lead to arrests, and you can face penalties for your refusal even if you are not convicted of DUI.

On the other hand, taking the field sobriety tests is not required. You can, and generally should, politely decline to take the FSTs. If you consent to the FSTs, there are simply too many things that can go wrong. While it is possible to challenge invalid FST results, it is best to avoid the need to challenge your FST results if possible.

4. Avoid Saying (or Posting) Anything Prosecutors Can Use Against You

When you are facing a possible DUI arrest (or facing a DUI charge), you need to avoid saying anything prosecutors can use against you. You have the right to remain silent, and it is important to use this right to your advantage. It is also important to avoid posting anything related to your DUI on social media. If you publish an incriminating post, prosecutors can—and will—use it against you.

5. Make Sure You Know Your Court Date

When you get a DUI in South Carolina, you will have a court date scheduled soon after your arrest. Failing to appear in court can be costly. So, you need to make sure you know your court date, and you need to be prepared to attend your court date with your lawyer.

6. Do Not Plead Guilty In Court

Regardless of the facts of your case, you do not want to plead guilty in court. If you do, you will waive many of your rights, and you can expect to face a harsh sentence. Even if you clearly got caught driving drunk, you have better options available—and you may even still have options for avoiding a conviction entirely.

7. Take Detailed Notes About Your DUI Arrest

As soon as possible, you should take detailed notes about your arrest. Why did the officer say he or she stopped you? What did the officer tell you about the FSTs and breathalyzer? What did you say on the side of the road? All of these are important details that you will want to discuss with your DUI lawyer.

8. Schedule a Free Consultation with a DUI Lawyer

Due to the significant risks of facing a DUI in South Carolina, it is important to have an experienced lawyer on your side. As soon as possible, you should schedule a free consultation with a lawyer who focuses on handling DUI cases in your local area.

9. Carefully Weigh All of Your Options

While pleading guilty in court is not a good option, you do potentially have several options available. For example, during your free initial consultation, your DUI lawyer will examine options such as negotiating a plea deal or fighting for a pre-trial dismissal.

10. Fight Your DUI in Court if Necessary

Finally, if it is not possible to achieve a favorable outcome before your trial date, your DUI lawyer can fight for a favorable outcome in court. Depending on the evidence that is available, this could mean securing a “Not guilty” verdict, or it could mean securing a reduced sentence that mitigates the consequences of your DUI.

Request a Free Consultation with Rock Hill DUI Lawyer Michael L. Brown, Jr.

If you get a DUI during the holiday season, you need to take your case seriously—and this starts with contacting an experienced DUI lawyer as soon as possible. To request a free consultation with Rock Hill DUI lawyer Michael L. Brown, Jr., call 803-328-8822 or tell us how we can reach you online now. 

When you are facing a DUI charge in South Carolina, you do not need to prove your innocence to avoid a conviction at trial. Instead, all you need to do is prevent prosecutors from proving that you are guilty. The prosecution has the burden of proving your guilt “beyond a reasonable doubt,” and if it cannot meet this burden you are entitled to walk free.

This is true even if you were driving under the influence when you got arrested.

But, even though the prosecution has the burden of proof, avoiding a DUI conviction is easier said than done. Prosecutors can use various forms of evidence to establish defendants’ guilt, and many prosecutors have spent their entire careers finding ways to win guilty verdicts at trial. If you are facing a DUI charge, there is one fundamental question you need to answer: How can you establish “reasonable doubt” in your South Carolina DUI case?

The Importance of Reasonable Doubt In a South Carolina DUI Case

The answer to this question is important for several reasons. First, it is important for deciding how to approach your DUI case. If you can prevent the prosecution from meeting its burden of proof, you may be able to secure a favorable plea deal—or you may even be able to get your DUI charge dismissed prior to trial. If you don’t think you will be able to establish “reasonable doubt” based on the circumstances at hand, then pursuing one of South Carolina’s diversion programs might be your best option.

If you need to take your DUI case to trial, knowing how to establish reasonable doubt will be fundamental to your defense. Even though the prosecution has the burden of proof, you will still need to present your side of the case to avoid a conviction (if it is possible to do so). Contrary to what you might read elsewhere online, there are no “tricks” to avoiding a DUI conviction, and there is nothing you can say or do that will automatically protect you from a “Guilty” verdict in court.

4 Ways It Might Be Possible to Establish Reasonable Doubt

So, how can you establish reasonable doubt as to whether you were driving under the influence? While every case is different, here are four ways it might be possible to avoid a conviction for your South Carolina DUI charge:

1. Challenging the Reliability of Your Breathalyzer Reading (Your BAC)

One option is to challenge the reliability of your breathalyzer reading. If you took the breath test and your blood alcohol concentration (BAC) was above the legal limit, prosecutors will use this against you—unless you can show that the reading isn’t reliable. While these readings often are reliable, “false positives” are common as well. You don’t necessarily need to be able to prove that your BAC reading is inaccurate. If you can show that your reading could be inaccurate (i.e., because the police department’s calibration records for the breathalyzer device are incomplete), this can be enough to establish reasonable doubt.

But, it is important to keep in mind that prosecutors have two options for establishing guilt in drunk driving cases. To secure a conviction in court, they can prove that either (i) your BAC was over the legal limit, or (ii) your driving abilities were impaired. They do not need to prove both. So, while challenging the reliability of your breathalyzer reading might help with creating reasonable doubt, this won’t necessarily be sufficient on its own.

2. Challenging the Reliability of Your Field Sobriety Test Results

Similar considerations apply to your field sobriety test results. Unlike the breathalyzer, the field sobriety tests are not mandatory in South Carolina. But, if you consent to the field sobriety tests, then prosecutors can use your results against you.

Here, too, the focus is on identifying any way to call the reliability of your test results into question. Did your arresting officer follow all of the requisite procedures? Did he or she explain the tests to you properly? Did the officer properly interpret your performance on the field sobriety tests? These are just a few examples of several ways you may be able to challenge your field sobriety test results during your DUI case.

3. Keeping the Prosecution’s Evidence Out of Court

Another key defense strategy in many DUI cases involves fighting to keep the prosecution’s evidence out of court. Prosecutors need evidence to secure a conviction; and, the less evidence they have, the more difficult it is to prove your guilt beyond a reasonable doubt.

In many cases, keeping evidence out of court involves proving a violation of your constitutional rights. These rights apply while you are driving, while you are on the side of the road, and while you are awaiting trial. If the police stopped you without reasonable suspicion (i.e., if they racially profiled you), if they arrested you without probable cause, or if prosecutors have withheld exculpatory evidence, these could all justify a motion to exclude evidence from your trial.

4. Suggesting an Alternate Explanation for Your Driving

Establishing reasonable doubt in your South Carolina DUI case could also involve suggesting an alternate explanation for your driving. Just because you were swerving or speeding, this does not necessarily mean that you were drunk behind the wheel. There could be other explanations for your driving, and these alternate explanations could be enough to raise a reasonable doubt as to whether your driving abilities were alcohol-impaired. But, as discussed above, if your BAC was above the legal limit, this is a separate issue you will need to contend with as well.

Discuss Your Defense Strategy with an Experienced Rock Hill DUI Lawyer

Defending against a DUI charge in South Carolina is not easy, and there are several factors you will need to consider when deciding how best to approach your case. To discuss your defense strategy with an experienced Rock Hill DUI lawyer, call 803-328-8822 or request a free initial consultation online today.

When you are facing a DUI charge in South Carolina, you have three primary options: You can plead guilty, you can fight your charge, or you can seek to have your charge reduced. Pleading guilty to DUI is rarely (if ever) the best option, but seeking a reduced charge and pleading guilty to a lesser offense can be an advisable defense strategy in some cases.

What Does It Mean to Plead to a Reduced Charge in a DUI Case?

Pleading to a reduced charge in a DUI case is just like it sounds: Instead of pleading guilty to DUI or fighting your DUI charge in court, you resolve your case by pleading guilty to an offense that is less serious than DUI.

Typically, this means pleading guilty to reckless driving. Unlike many states, South Carolina does not have a “wet reckless” statute. But, in many cases, prosecutors will be willing to negotiate defendants’ DUI charges down to ordinary reckless driving. While having a reckless driving conviction on your record is still far from ideal, it is significantly less consequential than living your life with a DUI conviction.

Why Should You Consider Pleading to a Reduced Charge in a DUI Case?

Why might you consider pleading guilty to a reduced charge (i.e., reckless driving) in a South Carolina DUI case? When pleading to a lesser offense is warranted, it offers several benefits:

1. Reckless Driving Carries Reduced Fines

The fines for reckless driving in South Carolina are significantly less than the fines for DUI. As a result, pleading to a reduced charge of reckless driving instead of pleading guilty to DUI (or being found guilty of DUI in court) can significantly reduce the financial costs of your arrest.

2. A Reckless Driving Conviction Won’t Increase Your Insurance Rates As Much

While a reckless driving conviction will increase your auto insurance rates, it won’t increase your auto insurance rates as much as a DUI conviction. So, if you cannot avoid a conviction entirely, then pleading to a reckless driving charge could save you costs here as well.

3. A Reckless Driving Conviction Won’t Have As Many Practical Consequences

Similarly, while a DUI conviction can have several practical consequences, the practical consequences of a reckless driving conviction are significantly less severe. A reckless driving conviction won’t disqualify you from as many job opportunities, and reckless driving convictions typically have less of an impact on education, housing, financing, and other aspects of your life.

4. You Won’t Face Prosecution as a Repeat Offender if You Get Arrested for DUI Again

Under South Carolina law, if you get arrested for DUI when you already have a DUI conviction on your record, a second conviction carries enhanced penalties. But, if you get arrested for DUI when you have a reckless driving conviction on your record, you will still be prosecuted as a first-time offender.

5. Accepting a Plea Avoids the Inherent Uncertainty of a DUI Trial

Finally, accepting a plea deal avoids the inherent uncertainty of a DUI trial. Regardless of the facts of your case, there is always a chance that you could be found guilty in court. While there are lots of ways an experienced DUI defense lawyer can fight to protect you (including ways to fight your DUI charge if you were driving drunk), there are no guarantees at trial.

When Should You Consider Pleading to a Reduced Charge in a DUI Case?

So, that covers why you might consider pleading to a reduced charge in a DUI case. Now, when does it make sense to seek a plea deal instead of fighting your DUI in court? Depending on the circumstances of your case, it might make sense to plead to a reduced charge if:

1. You Blew Above the Legal Limit

A high blood alcohol concentration (BAC) reading can be strong evidence of guilt in a South Carolina DUI case. While there are several ways to challenge a BAC reading, these options aren’t available in all cases. If it looks like prosecutors will be able to use your BAC against you, then a plea deal might be your best option.

2. There Is No Question You Were Driving Drunk

Along with a high BAC, there are various other ways prosecutors can prove that someone was drunk behind the wheel. If there is no question that you were driving drunk—regardless of the type of evidence prosecutors have against you—it could be in your best interests to negotiate a plea.

3. You Don’t Have Grounds to Challenge Your Traffic Stop or Arrest

Fourth Amendment violations during traffic stops and arrests can entitle DUI defendants to the suppression of incriminating evidence at trial. Asserting your Fourth Amendment rights can be a key defense strategy in many cases. But, if the police didn’t violate your rights, then this isn’t an option you have available.

4. You Don’t Have Grounds to Challenge Your Field Sobriety Test (FST) Results

Did you take the field sobriety tests (FSTs) during your DUI stop? If so, prosecutors may be able to use your FST results against you as well. Here, too, there are various defense options available, but it won’t be possible to challenge your FST results in all circumstances.

5. You Are Likely to Get Convicted of DUI if You Go To Trial

Ultimately, deciding whether to accept a plea deal requires an assessment of your likelihood of success at trial. If you have strong grounds to fight your DUI, then your defense attorney may recommend fighting in court. But, if you are facing a high risk of conviction based on the circumstances of your case, then your lawyer may recommend against taking your chances at trial.

Discuss Your Case with a Rock Hill DUI Lawyer for Free

If you are facing a DUI charge, we strongly recommend that you speak with a lawyer before making any decisions about your case. For a free and confidential consultation with a Rock Hill DUI lawyer, call 803-328-8822 or get in touch online now.