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.