Is it Possible to Have DUI Charges Dropped?

With the state of South Carolina being home to 13,524 DUI-related fatalities in 2022, law enforcement is vigilant to arrest individuals they suspect are driving intoxicated. If you are facing drunk driving allegations, you may be wondering what your chances are of having your DUI charges dropped. While having charges dropped is possible, you will likely need a skilled Conway DUI lawyer representing your interests.

South Carolina DUI Laws

In South Carolina, anyone operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or greater is considered to be driving under the influence. Under SC Code §56-5-2930, potential penalties for first-time offenders will depend on the measurement of alcohol in your blood, known as your blood alcohol concentration (BAC):

If your BAC is below 0.10%, you may be imprisoned from 48 hours to 30 days, ordered to complete 48 hours of community service instead of imprisonment, or fined $400.

If your BAC is at least 0.10% but less than 0.16%, you may be imprisoned for at least 72 hours to 30 days, ordered to complete 72 hours of community service instead of imprisonment, or fined $500.

If your BAC is at least 0.16% or greater, you may be imprisoned for 30 to 90 days, ordered to complete 30 days of community service instead of imprisonment, or fined $1,000.

Getting DUI Charges Dropped

A prosecutor is the only person who can drop DUI charges (and any criminal charges). Typically, DUI charges are dropped if there is a fundamental error in the prosecution’s case. A Conway DUI lawyer will examine the circumstances behind your arrest to determine potential defenses.

The two main ways to get DUI charges dropped include:

Challenging the Results of a Breath Test

When a police officer suspects that someone is intoxicated, the officer may ask the individual to breathe into a device that measures the amount of ethanol in a person’s breath. This device, known as a breathalyzer, does not have a high accuracy rate, with research suggesting that the device is wrong roughly 40% of the time.

Inaccurate readings for a breath test may be due to poor calibration or, in some cases, caused by an individual’s medical condition. Specifically, inaccurate readings are common for individuals with diabetes due to the high acetone levels in the blood.

Challenging the Results of a Field Sobriety Test

A standardized field sobriety test involves three tests consisting of:

The Horizontal Gaze Nystagmus (HGN) Test

In a horizontal gaze nystagmus (HGN) test, a police officer will hold an object 12 to 15 inches from your nose. The officer will move the object from side to side, having you keep your head still but having you follow the object with your eyes. The test is administered to see if there are any jerky movements of the eyes, which are associated with intoxication.

While this test is considered the most reliable of the field sobriety tests, it is estimated to be accurate only 77% of the time. If you have a natural nystagmus, epilepsy, or inner ear infection, you may fail this test even though you are sober.

Walk-and-Turn Test

In this test, a suspect is asked to walk nine steps heel-to-toe in a straight line, then to turn on one foot and repeat the nine steps walking in the opposite direction. The failure rate of this test is approximately 32%, with reliability being affected by surface conditions, external distractions, or if the individual has a neurological condition that impairs their balance.

One-Leg Stand Test

With a failure rate of 35%, the one-leg stand is considered the most unreliable of all the field sobriety tests. In this test, the suspect is asked to stand on one leg and count by thousands until instructed to put their foot down. Drunk or not, most people cannot balance on one leg (even if their foot is only six inches off the ground). However, age and medical conditions prove that this test is a poor indicator when trying to determine if a person is intoxicated.

Reach Out to a Conway DUI Lawyer Today

If you have been accused of driving under the influence in the Palmetto State, the Law Office of Brad C. Richardson, LLC, is here to provide you with a reliable defense. Our Conway DUI lawyer has helped hundreds of individuals drop or dismiss their charges. To learn how we can assist you, contact us online or by phone to schedule your consultation.