I Have Been Arrested and Charged With DUI? Can I Avoid a Conviction?
Yes. You can avoid getting convicted of a DUI even if you have been arrested and charged with DUI in Marion, SC. However, it is crucial to note that your options for avoiding a DUI conviction will depend significantly on the circumstances surrounding the DUI incident. It’s also in your best interest to act as soon as you can and discuss your situation with a Marion, SC, DUI defense lawyer.
How Do I Avoid a DUI Conviction in Marion, SC?
The prosecution is responsible for proving that you drove your car or were driving it while you were drunk or high on drugs. They must also prove that you had drugs or alcohol in your system, which made you unfit to drive safely. To avoid getting convicted of DUI, your Marion, SC, DUI defense lawyer must target these elements to weaken the prosecution’s case against you.
If your DUI case proceeds to trial, your lawyer will present a defense strategy based on one or more of the following:
- The police stop and your arrest were unlawful – In general, the police must have probable cause to lawfully stop and arrest an alleged offender. Strategies involving arrest and stop procedures commonly include arguments to exclude specific pieces of evidence during trial due to the police’s failure to comply with proper procedures.
- You weren’t driving during the arrest – One of the most vital elements the prosecution must prove is that you were driving while intoxicated. But if you weren’t actually driving, didn’t have your car keys on you, or were sleeping or resting inside your car after drinking some alcohol, the prosecution will have a challenging time proving you drove your car while drunk.
- You weren’t intoxicated – Intoxication can be proven in many ways, from your testimony to the arresting officer’s observations, witness accounts, and test results from field sobriety tests and chemical tests. Depending on your specific situation, your Marion, SC, DUI defense lawyer can challenge the evidence against you to have your case dismissed or reduce the potential charges and related penalties.
- The result of the blood alcohol concentration (BAC) test is inaccurate – Challenging how the police measured your BAC can be a viable option because various ways exist to dispute the test’s accuracy and how the police administered it. Disputing the test result typically involves proving that the test is not reliable by arguing the inaccuracy of the result. Maybe the police did something wrong when administering it, or the result itself is inaccurate and doesn’t represent your BAC when you got stopped for a DUI.
Reach Out to Our Marion, SC, DUI Defense Lawyer Today
To explore the defenses applicable to your case and avoid a DUI conviction, get in touch with the Marion, SC, DUI defense lawyer at The Law Office of Brad Richardson, LLC, right away. Our Marion, SC, DUI defense lawyer will assess your case and come up with a strong defense plan specific to your situation. Schedule your case evaluation by calling our office at 843-488-4321 or contacting us online.
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