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.