Possible defenses against drunk driving charges

| May 14, 2021 | DUI SC

If you are facing charges related to driving under the influence of alcohol in South Carolina, it is important to know your rights. Your first call when found in a DUI situation should be to a DUI defense attorney who knows how to minimize the negative consequences of an arrest and can help you navigate the legal process. You do not necessarily have to accept a guilty plea. There may be several lines of defense available to you based on your situation.

Testing issues

Your attorney might be able to argue that there was an issue in testing at some point. This could involve challenging an officer’s report regarding a field sobriety test or challenging how accurate a breath test on the scene or later at the station was. For example, the device could have been improperly calibrated, or the officer might not have been properly trained on how to administer it. If there was a delay between the time the stop occurred and the time the test was administered, this could affect its accuracy. An attorney might also be able to raise questions about the handling of a blood sample.

Reports from the scene

There could be arguments about the DUI incident itself. For example, the officer might not have had a good reason to stop the driver. There could be a dispute over what happened at the scene or who was driving. If a person’s rights were violated at any point, this could also affect the charges.

Mitigating circumstances

There are certain circumstances in which a person might have been driving under the influence but may not be guilty of DUI. Most of these are unusual, but they do occur on occasion. A person could have been forced to drive, either by another individual or by the circumstances. The person might have consumed alcohol without realizing it. More commonly, a person might be suffering from an unanticipated reaction to a type of medication.

A DUI can have consequences in an individual’s personal and professional lives in addition to the legal ramifications, so it is important to be able to mount a defense. Individuals facing DUI charges should talk to an attorney about their options.


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