I Have Been Arrested and Charged With DUI. Can I Avoid a Conviction?

Yes, you can avoid a DUI conviction, even if you’ve been arrested and charged. However, it depends on the strength of the evidence, how your arrest was handled, and whether legal defenses apply to your specific case. A DUI charge in Myrtle Beach doesn’t automatically lead to a conviction. The prosecutor must prove every element of the DUI charge clearly and beyond a reasonable doubt.

Our DUI attorneys at The Law Office of Brad C. Richardson, LLC, in Myrtle Beach can quickly assess your case, identify weaknesses, and work to reduce or dismiss the charge if possible.

What Must the State Prove in a Myrtle Beach DUI Case?

Under S.C. Code § 56-5-2930, a DUI occurs when a person drives under the influence of alcohol or drugs to the extent that their faculties are “materially and appreciably impaired”. To secure a conviction, the state must prove:

• You were driving a motor vehicle
• You were under the influence of alcohol or drugs
• Your ability to drive was “materially and appreciably impaired.”

If any part of that proof is weak or unsupported, the charge may not hold.

Can Problems with the Traffic Stop Affect My DUI Case?

Yes. You can challenge a DUI charge if law enforcement didn’t have a valid reason to stop your vehicle. The police must have reasonably suspected that you violated traffic rules or were engaged in a crime before initiating a stop.

If a stop was unlawful, evidence obtained as a result may be excluded. Stops must be based on specific facts, or the case may weaken.

Are Field Sobriety and Breath Tests Reliable?

Not always. DUI cases usually rely on results from field sobriety tests and breath tests, but both can be challenged based on issues, such as:

• Improper administration of the field tests
• Medical conditions affecting the accused’s performance
• Calibration or maintenance problems with breath testing devices

Breath tests require strict procedures. Mistakes in testing or recording can affect admissibility.

Can My DUI Charge in Myrtle Beach be Dismissed or Reduced?

Yes, depending on the circumstances. Possible outcomes include:

• Dismissal due to lack of evidence
• Reduction to a lesser charge, such as reckless drivin
• Resolution through negotiation based on evidentiary issues

Each outcome depends on the facts, the strength of the evidence, and any procedural errors.

What Are the Penalties for a DUI Conviction?

DUI penalties in South Carolina vary based on prior offenses and blood alcohol concentration. Penalties for a first offense may include:

• Fines and court costs
• License suspension
• Possible jail time
• Required alcohol education programs

Repeat offenses bring harsher penalties, longer license suspensions, and more jail time.

How Our DUI Attorneys in Myrtle Beach Help You Avoid a DUI Conviction

Our Myrtle Beach DUI lawyers can examine every part of your case to determine where the prosecution’s evidence may fall short. That includes reviewing the legality of the traffic stop, the administration of field sobriety tests, and whether the police followed proper breath test procedures. They can also identify opportunities to challenge evidence, negotiate reduced charges, or seek dismissal where the facts support it.

Discuss Your Case with Our DUI Lawyers in Myrtle Beach

Contact The Law Office of Brad C. Richardson for a confidential DUI evaluation online or at 843-488-4321.