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

by | Jan 1, 2025 | DUI Charges

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.

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