South Carolina DUI Laws: What You Need to Know After an Arrest

by Michael L. Brown, JR. | Oct 1, 2021 | DUI Charges, DUI Lawyer

South Carolina’s drunk driving laws are strict. You can be convicted for having a blood alcohol concentration (BAC) of 0.08% regardless of your level of impairment, and a conviction for a first-time offense can mean fines, jail time, and other penalties.

If you are facing a drunk driving charge, it is important to understand how South Carolina’s DUI laws apply to your situation. Is your BAC enough to warrant a conviction? Could you be facing charges in addition to a DUI? What penalties are at stake in your case? These are all critical questions—and you need to learn the answers as soon as possible.

Overview of South Carolina’s DUI Laws

So, you are facing a DUI charge in South Carolina. What do you need to know? Here is an overview of South Carolina’s DUI laws:

Operating a Motor Vehicle While Under the Influence of Alcohol

There are two ways you can face a DUI charge in South Carolina. The first involves operating a vehicle while under the influence of alcohol. Under Section 56-6-2930 of the South Carolina Code of Laws, if you are “under the influence of alcohol to the extent that [your] faculties to drive a motor vehicle are materially and appreciably impaired,” then you can face a DUI charge regardless of your BAC.

Driving with an Unlawful Alcohol Concentration (Per Se DUI)

The second way you can face a DUI charge in South Carolina is based on your BAC. If you are driving and your BAC is 0.08% or above, then you are in violation of South Carolina law. For this type of DUI charge, it doesn’t matter whether you are still able to drive safely. If your BAC is over the legal limit, this alone is enough to establish criminal culpability. This is known as a per se DUI.

Penalties for a DUI in South Carolina

Under South Carolina law, the penalties for operating a motor vehicle while under the influence of alcohol and for a per se DUI are the same. These penalties increase for high BACs and for second and subsequent offenses. If you are facing a DUI charge as a first-time offender and your BAC was less than 0.10% (or your BAC wasn’t measured), the penalties you are facing under South Carolina’s DUI laws include:

Up to a $400 fine
Nearly $600 in additional assessments and surcharges
48 hours to 30 days in jail (the judge may sentence you to community service in lieu of jail time)
Loss of your driver’s license for six months

If your BAC was 0.10% or above, you are facing up to a $500 fine and a minimum of 72 hours of jail time or community service. If your BAC was 0.16% or above, you are facing up to a $1,000 fine and a minimum of 30 days of jail time or community service.

The penalties for repeat offenders increase dramatically under South Carolina’s DUI laws. For example, if this is your second offense, you are facing $2,100 to $5,100 in fines plus an additional $5,600 in assessments and surcharges. You are also facing up to one year in jail and a one-year driver’s license suspension. If this is your third offense, you are facing more than $13,000 in financial penalties, up to three years of imprisonment, and loss of your driving privileges for two years.

Felony DUI

In most cases, a DUI is a misdemeanor offense under South Carolina law. However, it is possible to face a felony DUI charge in some circumstances.

Specifically, prosecutors can pursue felony DUI charges in cases involving accidents resulting in “great bodily injury or death.” Under Section 56-5-2945 of the South Carolina Code of Laws, “great bodily injury” is defined as an injury that, “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.”

In felony DUI cases, the penalties that are at stake depending on whether the accident results in great bodily injury or death. When an accident results in great bodily injury, potential penalties include more than $20,000 in financial liability and anywhere from 30 days to 15 years of imprisonment. When an accident results in death, potential penalties include more than $50,000 in financial liability and from one to 25 years behind bars.

Implied Consent Violations

Under South Carolina’s implied consent law (Section 56-5-1950 of the South Carolina Code of Laws) all drivers are required to submit to a breath, blood, or urine test when they get pulled over on suspicion of DUI. If you refuse testing during a DUI stop, you can be charged with an implied consent violation in addition to being charged with a DUI.

Under Section 56-5-2951, implied consent violations carry an automatic 90-day driver’s license suspension. This increases to 180 days if you have a prior alcohol-related conviction or suspension on your record. However, similar to DUI charges, there are several potential defenses to implied consent violations, and you should consult with a lawyer promptly about protecting your ability to drive.

Open Container Violations

In addition to implied consent violations, many individuals who are charged with DUI in South Carolina will also face charges for open container violations. Under Sections 61-4-110 and 61-6-4020 of the South Carolina Code of Laws, if you have an open container anywhere in your vehicle except the trunk or luggage compartment, you can face an additional $100 fine and up to 30 days in jail.

While South Carolina’s DUI laws establish several different offenses that carry several different penalties, the laws establish several defenses to DUI charges and related offenses as well. For an overview of these defenses, you can read 5 Types of Defenses to DUI Charges in South Carolina.

Talk to a Rock Hill, SC DUI Lawyer for Free

If you are facing a DUI charge in South Carolina, it is important that you speak with a lawyer as soon as possible. To schedule a free, no-obligation consultation with Rock Hill, SC DUI lawyer Michael L. Brown, Jr., call 803-328-8822 or get in touch online now.

8 Ways to Fight a False Positive BAC Reading in South Carolina?

by Michael L. Brown, JR. | Jun 1, 2021 | DUI Lawyer, DUI Charges

When you get pulled over on suspicion of drunk driving in South Carolina, the police will typically test your blood alcohol concentration (BAC) using a breathalyzer device. If the breathalyzer device says your BAC is above the legal limit (0.08 percent for drivers over 21 and 0.02 percent for drivers under 21), the police will arrest you on the spot for driving with an unlawful alcohol concentration (DUAC).

But, what if your BAC reading isn’t accurate? There are a number of reasons why a breathalyzer test might return a “false positive,” and arguing that your BAC reading was inaccurate can be an effective way to fight a DUAC charge in South Carolina.

With that said, it won’t be possible to challenge your BAC reading in all cases. Additionally, even if you successfully challenge your BAC reading, this won’t necessarily protect you against a conviction. Here’s what you need to know about challenging a false positive BAC reading in South Carolina:

While breathalyzer test results are often accurate, it is not unusual for a test to result in a false positive. Here are eight examples of reasons why a BAC reading might be inaccurate or unreliable—and therefore inadmissible in South Carolina criminal court:

1. The Breathalyzer Device Wasn’t Properly Maintained or Calibrated

Breathalyzer devices don’t just work. In order to function properly, they must be maintained and calibrated on a regular basis. If police records show that the breathalyzer device used during your traffic stop wasn’t properly maintained or calibrated—or if the police department doesn’t have maintenance or calibration records—this may provide grounds to argue that your BAC was artificially inflated.

2. The Arresting Officer Improperly Administered the Breathalyzer Test

In addition to properly maintaining and calibrating their breathalyzer devices, the police must also properly administer breath tests during drunk driving traffic stops. The officer administering the test must be, “trained and certified by the South Carolina Criminal Justice Academy, pursuant to [South Carolina Law Enforcement Division (SLED)] policies,” and the officer must follow SLED’s established guidelines. If the officer who administers the test is not certified or does not follow the SLED guidelines, then the test could very easily result in a false positive BAC reading.

3. You Have a Medical Condition

Certain types of medical conditions can impact your BAC. These include gastroesophageal reflux disease (GERD), having a high red blood cell count, and having a high ketone level. If you have (or had) any condition that could have impacted your BAC reading at the time of your traffic stop, then this could provide a defense to your DUAC charge.

4. You Were on Medication

Certain types of medications can also impact your BAC. Oral pain relievers, cough suppressants, cold and flu medications (such as Nyquil), and various other prescription and over-the-counter drugs can all cause an elevated BAC without any alcohol consumption.

5. You Had Recently Eaten Something

Breads, chocolates, hot sauces, fruits, protein bars, and various other foods can cause a false positive reading on a BAC test. The same is true of energy drinks, certain sodas, and even non-alcoholic beers and wines. If you had consumed any of these foods or drinks shortly before your drunk driving arrest, this could explain why your BAC was elevated even though you hadn’t been consuming alcohol.

6. You Had Recently Used Mouthwash or a Breath Mint

Mouthwashes, breath mints, and breath sprays often have alcohol-based ingredients, but using these products does not make you guilty of drunk driving. If you had breath mint or a breath spray in your car, or if you had recently used mouthwash before getting behind the wheel, this could save you from a DUAC conviction in South Carolina.

7. You Had Mouth Alcohol

When you blow into a breathalyzer device, the device doesn’t just read the alcohol concentration in your blood. It also picks up any residual alcohol in your mouth (often simply referred to as “mouth alcohol”). If you had mouth alcohol because you had recently been drinking (or you had recently consumed a breath mint or other product), this could have falsely inflated your BAC reading.

8. Your BAC Rose After the Police Pulled You Over

When you consume alcohol, your BAC does not rise immediately. Instead, it takes time for the alcohol to enter your bloodstream and increase your BAC. As a result, it is possible that your BAC was under the legal limit while you were driving, and it only went over the legal limit after the police pulled you over.

If Your BAC Reading was Inaccurate, You Could Still Be Convicted of Driving Under the Influence (DUI)

Successfully challenging a false positive BAC reading can save you from a DUAC conviction in South Carolina. However, even if your BAC reading was inaccurate, you could still potentially be convicted of driving under the influence (DUI).

DUAC and DUI are two different types of drunk driving charges under South Carolina law. While a DUAC charge is based solely on your BAC, a DUI charge is based solely on your inability to drive safely due to alcohol impairment. This means that you can be convicted of DUI even if your BAC reading was flawed, and even if your BAC was below the legal limit.

With this in mind, as you are preparing to fight your drunk driving case in South Carolina, you need to make sure that you are asserting all necessary and available defenses. If you focus solely on disputing your breathalyzer test result, you could still find yourself facing the consequences of a DUI conviction.

Discuss Your Case with a Rock Hill Drunk Driving Defense Lawyer

Were you arrested for drunk driving in South Carolina, and do you believe that your BAC reading was inaccurate? If so, we encourage you to contact us for a free consultation about your case. To speak with an experienced Rock Hill DUI defense lawyer in confidence, call 803-328-8822 or request an appointment online now.

Charged with DUI Drugs in South Carolina?

by Michael L. Brown, JR. | Apr 1, 2021 | DUI Charges, DUI Lawyer

Driving under the influence of alcohol is not the only way to get a DUI charge in South Carolina. You can also be charged with DUI for driving under the influence of drugs (“DUI drugs”). While there are some similarities between DUI cases involving alcohol and drugs, there are also important differences, and you will need to hire a lawyer who has experience handling your specific charge.

What is DUI Drugs in South Carolina?

South Carolina’s DUI statute applies to both alcohol and drugs. Under Section 56-5-2930(A) of the South Carolina Code of Laws:

“It is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol . . . [or] any other drug or a combination of other drugs or substances which cause impairment to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired . . . .”

Since DUI and DUI drugs are technically the same offense, they are also subject to the same penalties. This means that if you have been charged with DUI drugs in South Carolina, you could be facing:

First-Time DUI Charge

$400 fine
Additional assessments and surcharges
Six-month driver’s license suspension
Minimum 48-hour jail sentence (up to 30 days)
Possible community service in lieu of jail time
Alcohol and Drug Safety Action Program completion

Second-Time DUI Charge

$2,100 to $5,100 fine
Additional assessments and surcharges
One-year driver’s license suspension
Five days to one year of jail time
Alcohol and Drug Safety Action Program completion

Third-Time DUI Charge

$3,800 to $6,300 fine
Additional assessments and surcharges
Two-year driver’s license suspension
60 days to three years of jail time
Alcohol and Drug Safety Action Program completion

Fourth or Subsequent DUI

Court-determined fines, assessments, and surcharges
Permanent driver’s license revocation
One to five years of jail time
Alcohol and Drug Safety Action Program completion

The fact that DUI and DUI drugs are technically the same offense also means that you can be charged as a repeat offender if you have a prior alcohol-related DUI and you are now facing a charge for DUI drugs. Likewise, if you have a prior drug-related DUI conviction involving a different drug from the one involved in your current case, you can still be charged with a second (or subsequent) DUI drugs.

What are Potential Defenses to a DUI Drugs Charge in South Carolina?

If you have been charged with driving under the influence of marijuana, methamphetamine, prescription painkillers, or any other legal or illegal drug, what defenses can you assert in South Carolina court? The answer to this question depends on the specific facts of your case. Generally speaking. However, some examples of potential defenses to drug-related DUI charges in South Carolina include:

1. You Were Not Under the Influence of a Drug (or Drugs)

One potential defense is that you were not actually driving under the influence of drugs. If the arresting officer mistakenly assumed that you were under the influence (maybe because he or she found drugs or drug paraphernalia in your vehicle), your attorney can seek to challenge the prosecution’s evidence that you were violating the law.

2. Your Ability to Drive was Not “Materially and Appreciably Impaired”

Even if it is not possible to dispute the fact that you were driving under the influence of drugs, you may still be able to avoid a DUI drugs conviction by arguing that you were not “materially and appreciably impaired.” This language in South Carolina’s DUI statute establishes a high bar for prosecutors; and, while there may be evidence (i.e., dash camera footage) demonstrating your impairment, it may be possible for your attorney to challenge this element of the government’s case as well.

3. The Police Stopped You Illegally

To conduct a lawful traffic stop, the police must have “reasonable suspicion” that the person stopped is guilty of a crime. If the police stopped you without reasonable suspicion, then any evidence obtained after your traffic stop may be inadmissible in court.

When can you assert a lack of reasonable suspicion as a defense? While there are several possible scenarios, racial profiling is easily among the most common grounds. However, if the police pulled you over for a busted taillight and then charged you with DUI drugs, this does not mean that they lacked reasonable suspicion to make an arrest.

4. The Police Conducted an Illegal Search, Seizure, or Arrest

In addition to having “reasonable suspicion” to conduct a traffic stop, the police must also have “probable cause” to conduct a search or seizure—or to make an arrest. If the police violated your Fourth Amendment rights by conducting an illegal search, seizure, or arrest, this could also provide grounds to seek suppression of the prosecution’s evidence against you.

5. Your Blood or Urine Test Results are Unreliable

If you took a blood or urine test, there are several ways that your defense attorney may be able to challenge your test results. One option is to show that the arresting officer failed to inform you of your rights under South Carolina’s implied consent law. Other possible options include:

Demonstrating that the test was administered improperly;
Demonstrating that your sample was (or may have been) tainted; and,
Arguing that the results do not prove you were impaired at the time of your traffic stop.

As mentioned above, these are just examples. There are other ways to defend against a DUI drugs charge in South Carolina as well. To find out what defenses you can use to fight your DUI drugs charge, contact us to discuss your case today.

Charged with DUI Drugs in South Carolina? Talk to a Rock Hill Criminal Defense Lawyer Today

Are you facing a DUI drugs charge in South Carolina? If so, we encourage you to contact us promptly to discuss your case. To speak with an experienced Rock Hill criminal defense lawyer in confidence, call 803-328-8822 or tell us how we can reach you online now.

If I Refuse a DUI Breath Test Can I Be Convicted?

by Michael L. Brown, JR. | Feb 1, 2021 | DUI Charges, DUI Lawyer

If you have been charged with a DUI in South Carolina, the prosecution must prove your guilt beyond a reasonable doubt. Without clear evidence of your intoxication while driving, they will struggle to secure a conviction, and you may be able to go free.

So, what happens to your case if you refuse to take a breath test during a DUI stop?

The consequences of refusing a breath test in South Carolina differ from what many people believe. While a blood alcohol concentration (BAC) reading can serve as strong evidence of guilt, it is just one form of evidence that prosecutors can use to establish guilt under South Carolina’s drunk driving law.

South Carolina’s drunk driving law offers two ways for prosecutors to prove that you were intoxicated while driving. The first method is by using your BAC reading. According to Section 56-5-2933 of the South Carolina Code of Laws, a conviction can be secured if your BAC is 0.08% or higher. In this case, you would be found guilty of driving with an unlawful alcohol concentration (DUAC). Prosecutors are not required to demonstrate that your BAC affected your ability to drive; they only need to prove that it exceeded the legal limit.

The second way prosecutors can establish guilt in a drunk driving case is by presenting evidence of impairment. In this scenario, they do not need evidence of your BAC. Under Section 56-5-2930 of the South Carolina Code of Laws, it is illegal to operate a motor vehicle while under the influence of alcohol to an extent that impairs your ability to drive. This offense, commonly known as DUI, does not rely solely on BAC. Prosecutors can introduce various forms of evidence, such as dash camera footage of your driving or your behavior during the traffic stop, testimony from the arresting officer regarding your physical condition or admissions, and your performance on field sobriety tests as assessed by the officer.

Furthermore, if you refuse to take the breath test, prosecutors can use your refusal against you. South Carolina’s “implied consent” statute includes a provision stating that a person’s refusal can be used as evidence in court. Even without evidence of your BAC, prosecutors can present your refusal as proof that you were aware of your intoxication and didn’t want your blood alcohol concentration recorded.

It is important to note that DUI and DUAC carry the same penalties in South Carolina. Prosecutors are not concerned with which offense they pursue; they will pursue whichever charge is easier to prove. Even if you refuse a breath test, prosecutors may still have sufficient evidence to secure a conviction, and they will not hesitate to use your refusal against you.

If you have refused a breath test during a traffic stop in South Carolina, you must take steps to protect yourself. If possible, take detailed notes about your traffic stop, especially regarding any statements made by the arresting officer regarding the breath test. The “implied consent” law in South Carolina requires specific rights to be explained to you by the officer for it to apply. If this did not happen, you may have had the right to refuse the test.

Ensure that you attend your court date as scheduled if you have been arrested for DUI. Additionally, if you are facing an “implied consent” charge, promptly request a hearing to safeguard your driving privileges.

To give yourself the best chance of minimizing the consequences, it is crucial to discuss your case with an experienced DUI defense lawyer. Fighting DUI and DUAC charges in South Carolina requires an effective defense strategy tailored to the specifics of your case, which an experienced lawyer can help you build.

For help with your DUI case, call us today!

10 Reasons to Hire a DUI Lawyer for Your South Carolina DUI Case

by Michael L. Brown, JR. | Jul 1, 2020 | DUI Lawyer

You’ve been charged with driving under the influence (DUI) in South Carolina, and you are wondering if you should hire a DUI lawyer. You are concerned about paying expensive legal fees, and you are not clear on what exactly a lawyer will be able to do in order to affect the outcome of your case. So, is it worth it? Or, should you represent yourself and take your chances in court?

Why Should You Hire a DUI Defense Lawyer for Your South Carolina DUI Case?

In South Carolina, there are many reasons why representing yourself in a DUI case is not a good idea. When you consider what is at stake and what is involved in presenting an effective defense, it is not hard to see why your best option by far is to hire an experienced defense attorney. Here are 10 of the top reasons why you should hire a DUI defense lawyer to represent you:

Reason #1: South Carolina’s DUI Laws are Complicated

From the definition of “driving under the influence” to the differing penalties for the various DUI-related offenses that exist under South Carolina law, there are numerous complex issues involved in understanding a DUI case. In order to defend yourself effectively, you need to have a commanding grasp of the law, and you need to know how to use it to your advantage.

Reason #2: A DUI Arrest Can Have Immediate Consequences

When you get arrested for DUI in South Carolina, there are certain immediate consequences. For example, your driver’s license will be automatically suspended, and you will lose the right to appeal the suspension if you do not act within 30 days. Filing an appeal also allows you to apply for a temporary alcohol restricted license, or “TARL,” but protecting your license after your TARL expires will require evidence that some aspect of your DUI arrest was improper.

Reason #3: A DUI Conviction Can Lead to Substantial Penalties

If you are convicted of DUI at trial, you will be at risk for substantial penalties. These include fines and jail time. The penalties for repeat offenders are significantly higher, and this alone is reason enough to fight to keep your criminal record clean.

Reason #4: A DUI Can Impact Your Life in Other Ways as Well

Beyond losing your license, your money, and your freedom, a DUI conviction can impact your life in other ways as well. If you are convicted, you will find it much harder to find a well-paying job; your housing options will be limited; and, if you are thinking about a college, your education could be in jeopardy.

Reason #5: There are Experienced Lawyers on the Other Side of Your Case

When you are charged with DUI in South Carolina, your case is handled by the prosecutor’s office. This means that there will be experienced lawyers on the other side fighting to convict you. If you do not have your own lawyer to level the playing field, you will be at a distinct disadvantage.

Reason #6: There Are Many Potential Defenses to a South Carolina DUI Charge

While there are many dangerous aspects of facing a DUI charge in South Carolina, there are also many potential defenses available. However, in order to determine what defenses you can assert, you will need to work closely with an attorney who can apply the law to the facts of your case.

Reason #7: Being Innocent Does Not Necessarily Mean That You are Safe

While you are innocent until proven guilty, being innocent does not necessarily mean that you are safe. Innocent people get convicted all the time, and it is usually because they did not have effective legal representation in court. If you are facing a DUI charge, you cannot rest easy until your case is fully and finally resolved. Also, you need to keep in mind that while you might think you are innocent, the reality is that you may have still violated South Carolina law.

Reason #8: The Costs of Hiring a Lawyer Can Be Far Less than the Costs of Trying to Handle Your Case on Your Own

With regard to cost, yes, you will need to pay your defense lawyer. However, hiring a lawyer to represent you can be far less costly than trying to handle your case on your own. What is it worth to you to protect your driver’s license? To stay out of jail? To protect your ability to work or go to college? Whatever your answer may be, the amount you pay for your legal representation will almost certainly be far less than what you stand to lose.

Reason #9: You Owe it to Your Family and Yourself to Take Your Case Seriously

Due to the severe consequences of a DUI conviction in South Carolina, you owe it to your family and yourself to take your case seriously. If you assume that everything will be fine (or that there is nothing you can do to protect yourself), you are going to be doing everyone you love a disservice. Facing a DUI charge is a serious matter, and you need to treat it accordingly.

Reason #10: If You Make Mistakes, You Will Regret Them for the Rest of Your Life

Finally, if you try to handle your case yourself and you make mistakes, you will regret your mistakes for the rest of your life. We’ve said it already, by the point cannot be emphasized enough: The consequences of a DUI conviction in South Carolina are severe. You need to make sure you have every opportunity to avoid these consequences, and this starts with hiring an experienced defense attorney.

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

Are you facing a DUI charge in the Rock Hill, SC area? If so, we encourage you to contact us immediately to discuss your case. To speak with DUI defense attorney Michael L. Brown, Jr. in confidence, call 803-328-8822 or request a consultation online now.

5 Types of Defenses to DUI Charges in South Carolina

by Michael L. Brown, JR. | Jun 1, 2020 | DUI Lawyer

If you are facing a DUI charge in South Carolina, you need to defend yourself by all means available. DUI charges carry administrative and criminal penalties, and even first-time offenders face mandatory jail time, fines, and various other consequences. The good news is that there are several potential defenses available; and, to find out how you can fight your case, you will want to speak with a South Carolina DUI defense attorney as soon as possible.

How Can You Fight Your South Carolina DUI?

So, how can you fight your South Carolina DUI charge? Here are five examples of defenses that can be used to avoid a guilty verdict in South Carolina municipal court:

1. Failure to Record Your Traffic Stop and Breath Test

By law in South Carolina, police officers are required to video record the entirety of every DUI traffic stop they conduct. They must begin recording as soon as they turn on their blue lights, and they must record everything through the administration of the breathalyzer. If the officer who arrested you for DUI did not record your traffic stop – or if the video shows that the officer failed to take all of the steps required to make a valid arrest – then you may be entitled to a “not guilty” verdict at trial.

What is required for a “valid” arrest? At a minimum, the video recording of your DUI traffic stop must show that the officer:

Read your Miranda rights;
Informed you that your breath test would be recorded;
Informed you that you had the option to refuse the breath test;
Checked your mouth and waited 20 minutes prior to administering the breathalyzer; and,
Conducted the breathalyzer test consistent with standard South Carolina protocols.

There are a couple of exceptions to South Carolina’s video recording requirement. An arresting officer is not required to record a DUI traffic stop if exigent circumstances exist, or if it is physically impossible to do so. However, these exceptions will not apply in most cases. When you get arrested for DUI in South Carolina, your attorney can request a copy of your arrest video; and, if the video is not available, it will be up to the police and prosecutors to justify why no video exists.

2. Invalid Breathalyzer Test Results

Even if the arresting officer records your breathalyzer test, there are still various issues that could render the test itself invalid. For example, maybe the breathalyzer device had not recently been calibrated, or maybe the officer who administered the test was not adequately trained or did not follow the requisite procedures.

There are several other issues that can lead to a “false positive” for a blood alcohol concentration (BAC) above 0.08 percent as well. Some examples of these issues include:

Certain medical conditions, such as diabetes
Increase in BAC after being pulled over (such that your BAC was not above the legal limit while you were driving)
Recent consumption of a cough or cold medication
Recent consumption of breath mints or certain kinds of foods
Recent use of mouthwash

3. Invalid Field Sobriety Test (FST) Results

While drivers in South Carolina are generally required to submit to a breath test under the state’s “implied consent” law, this law does not apply to the field sobriety tests (FSTs). But, if you submit to the FSTs voluntarily (even if you were not aware that you had the option to refuse), your performance on the tests can be used against you in court.

In order for FST results to be considered valid evidence in a DUI case, however, the arresting officer must perform the tests properly, and he or she must accurately interpret the driver’s performance. From improperly describing the tasks the driver needs to perform to failing to consider alternate explanations for poor performance on the FSTs (such as a medical condition that impairs balance), there are various issues that can render FST results unreliable. If your FST results are unreliable and there is not other evidence to prove your guilt (i.e. if the arresting officer failed to record your traffic stop), then challenging your FST results could protect you against a conviction.

4. Inadequate Evidence of Impairment

Having a BAC of 0.08 percent or above is not the only way that you can face a DUI charge in South Carolina. If you’re your “faculties to drive are materially and appreciably impaired,” you can be charged with DUI regardless of your BAC. As the South Carolina Department of Public Safety explains, “If you have a BAC of 0.08 percent or higher, it will be inferred that you were driving under the influence. If you have a BAC that is at least 0.05 percent but less than 0.08 percent, your BAC level may be considered along with other evidence to infer that you are under the influence.”

With this in mind, one way that some drivers will be able to avoid a DUI conviction is by successfully arguing against the prosecution’s allegations of impairment. If there is not sufficient evidence to prove that your driving faculties were diminished, then you do not deserve to be convicted at trial.

5. Violations of Your Constitutional Rights

Finally, many DUI defendants are able to avoid conviction by asserting their constitutional rights. If the police violated your constitutional rights on the road or while you were in custody, or if issues arising during your DUI case amount to constitutional infringements, these issues may justify a motion to dismiss. Examples of constitutional violations that can provide defenses in DUI cases include:

Violation of the Fourth Amendment protection against unreasonable searches and seizures
Violation of the Fifth Amendment privilege against self-incrimination
Violation of the Fifth Amendment protection against double jeopardy
Violation of the Sixth Amendment protections against surprise charges and evidence
Violation of the Sixth Amendment right to assistance of counsel
Violation of the Sixth Amendment right to a speedy and public trial

Learn more: What are Your Constitutional Rights After an Arrest in South Carolina?

Request a Consultation with a Rock Hill, SC DUI Defense Attorney

Are you facing a DUI charge in the Rock Hill, SC area? To discuss your case with an experienced Rock Hill DUI defense attorney, call 803-328-8822 or request a consultation online today.

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